Attorneys At Law

Articles

 

 

Quick tips for calculating pre-injury average weekly wage

Megan Kerwin Clark, Esquire

July 9, 2018

Pre-injury average weekly wage (“AWW”) is the basis for determining temporary total, temporary partial, permanent partial, and permanent total disability benefits. Thus, an incorrect AWW could result in thousands of dollars of undue compensation paid to the claimant. Because this calculation is so important and mistakes can easily be made, we are providing a short guide to help you calculate AWW in most cases, and inform you of some common mistakes.

 

Is There a new definition of injury by accident?

Megan Kerwin Clark, Esquire

March 22, 2018

For over thirty years, the Virginia Workers’ Compensation Commission and the appellate courts have consistently defined an “accident” as an identifiable incident or sudden precipitating event, which occurs at some reasonably definite time and is bounded by rigid temporal precision, and not the result of repetitive movement or cumulative trauma. However, the recent case of Riverside Regional Jail Authority v. Dugger, 68 Va. App. 32, 802 S.E.2d 184 (2017) seems to have expanded, or at least altered, the application of that legal standard in some cases.

 
 

Sign Up For Our E-Newsletter!

Name *
Name