(NEWPORT NEWS, Va. March 1, 2017) Attorney Rhett B. Franklin settled a contested workers’ compensation claim for $70,000. Franklin successfully argued before the Commission that the employee’s average weekly wage should include an additional 11% of her base pay. The employer paid employees “wages in lieu of retirement,” and argued that the 11% payment was similar to a 401K payment that should not be included in the average weekly wage. The issue turned on the fact that the 11% was treated by the employer as taxable income. The 11% increase was significant since the claimant was a high wage earner. The win allowed the claimant to collect a much higher temporary partial rate once she returned to the workforce and also increased the overall value of her full and final settlement.
If you have questions regarding your average weekly wage in a workers’ compensation case, call Attorney Rhett Franklin at (757) 316-8888 for a Free Consultation.