IC and employer say I work 11wks

[waterbird808]

WC in Hawaii. But on papers it show that I work 10wks. I get paid every 2wks but theres one 2wk that I only work 1wk and the other week we all took off cause machine went down.
Can IC and employer count that as 2wks even though I only work 1wk.

Second, Being that I work only 11wks or 10wks can they still used the 52wks.

IC is holding back my back pay that I was award. IC appealed the director dicission and lost. Now I have to help figure what is my AWW which is confusing but im stuck with the 10wks or 11wks work, 52wks they used and the differential.

James

[AQA]

I am not sure about your state laws, but hopefully some one will be along shortly that does.

PS. Welcome to the forum.

[1171]

your specific situation is not spelled out in the comp law.
to answer that you have to refer to caselaw.
without getting an atty it's best to contact the Hawaii work comp section of the labor dept
http://hawaii.gov/labor/dcd/dcd-links/co...nformation

[kate]

It appears that by statute they do not include weeks that you were unable to work in the computation. However, if you have not been there long enough they can use the wages of a similar employee.

1171 is correct. You should contact the Hawaii work comp section of the labor dept.


HRS 386.51 http://www.workerscompensation.com/regul...rent=52033

(1)…, computation is made on the basis of the injured employee's earnings from covered employment during the twelve months preceding the employee's personal injury; but if during that period, the employee, because of sickness or similar personal circumstances was unable to engage in employment for one or more weeks then the number of those weeks are not included in the computation of the average weekly wage.

(3) Where, by reason of the shortness of the time during which the employee has been in the employment or the casual nature or terms of the employment, it is not feasible to compute the average weekly wages on the basis of the injured employee's own earnings from that employment, the average weekly wages during the twelve months preceding the injury earned by an employee in comparable employment are used.

[waterbird808]

Thanks all for responding, Ok I just calculated all the days that I worked and came out to 9.2 weeks. If I used the 9.2 and divide that to my total actual earnings my AWW would come out to what the director calculated but only mine came out 0.96 more. So I calculated my AWW TO 2/3 and came out 43.87 more then what the IC suppose to pay me weekly hmmm.

At the hearing the director told the IC that they are shorting me explaining that my weekly check is to low that you owe 30 to 40 dollars more. So the Director awarded me for back pay. The following week the IC appealed the Director decision so the IC lost there appeal and they appealed it again and this time the director told both of us to figure it out. The director will not change his decision. So thats why im on this forum to get help.

Well the IC came up with their figure that didn't look right at all.
They got 11wks which looked bogus or a bluff and it didn't match the numbers. I calculated my AWW with my paystubs and a calender and came up with the actual weeks worked which was 9.2 weeks. Now its all about putting it all together.

Just got a letter from the IC saying what would be a fair offer to settle the case. Im not going to say anything yet until I send in my figures to the department of labor and to the IC.

Hope you all understand and thank you all again.

James

[waterbird808]

kate Wrote:It appears that by statute they do not include weeks that you were unable to work in the computation. However, if you have not been there long enough they can use the wages of a similar employee.


1171 is correct. You should contact the Hawaii work comp section of the labor dept.


HRS 386.51 http://www.workerscompensation.com/regul...rent=52033

(1)…, computation is made on the basis of the injured employee's earnings from covered employment during the twelve months preceding the employee's personal injury; but if during that period, the employee, because of sickness or similar personal circumstances was unable to engage in employment for one or more weeks then the number of those weeks are not included in the computation of the average weekly wage.

(3) Where, by reason of the shortness of the time during which the employee has been in the employment or the casual nature or terms of the employment, it is not feasible to compute the average weekly wages on the basis of the injured employee's own earnings from that employment, the average weekly wages during the twelve months preceding the injury earned by an employee in comparable employment are used.

They tried to use an employee as an example but the employee is not from hawaii. The Director didn't change his mind I guess it didn't work on the Director during the appeal hearing.

James