Eric Snead v. HBH Construction

Average Weekly Wage Determination—Intermittent Workers—WCAB affirmed WCJ's determination that applicant who worked intermittently as a finish carpenter had average weekly earnings of $720.00 per week at time of his 10/10/2007 left shoulder injury, producing a temporary disability indemnity rate of $480.00 per week, and held that applicant's earnings were properly calculated based upon applicant's earning capacity as determined from employer's wage register showing actual wages of  $20.00 per hour for 36 hours a week over an eight week period of employment during period 8/2007 through 10/10/2007, consideration of factors such as applicant's age, health, skill, education, and willingness to work, and applicant's unrebutted testimony that, although he was going to be laid off by defendant for lack of work, he would have worked for defendant again "after the first of the year;" WCAB disagreed with defendant's contention that wages should have been determined by dividing earnings from applicant's approximately two months of work with defendant as reflected on wage register by 52 weeks. © Copyright 2009 LexisNexis.

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