Powers v. Warwick Public Schools

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The Supreme Court affirmed the decree of the appellate division of the Workers' Compensation Court (WCC) dismissing Petitioner's appeal from the decision of the trial judge finding that work-sharing benefits were properly not included in Petitioner's average weekly wage for workers' compensation benefits, holding that work-sharing benefits received pursuant to R.I. Gen. Laws 28-44-69 may not be taken into account when determining the average weekly wage to be used in calculating workers' compensation benefits pursuant to R.I. Gen. Laws 28-33-20.Petitioner was injured during the course of his employment and was unable to work for two months. At the time of the injury, Petitioner received work-sharing benefits from the state under an approved work-sharing program pursuant to section 28-44-69, in addition to receiving remuneration. Petitioner applied for workers' compensation benefits, but Petitioner's "average weekly wage" calculation did not take into account the work-sharing benefits Petitioner had been receiving. Petitioner filed a "claim for a trial" to challenge the calculation of his average weekly wage. The trial judge concluded that Petitioner's work-sharing benefits were properly not included in his average weekly wage. The appellate division of the WCC affirmed. The Supreme Court affirmed, holding that work-sharing benefits are not included as part of the term "wages" in section 28-33-20. View "Powers v. Warwick Public Schools" on Justia Law