average weekly wage for salaried employe

[hnws2000]

I am a salaried employe making $970 gross weekly . I have been at this rate of pay for the year and last year was about $50 less. I was out on maternity leave in the spring and used a few weeks of std at 60% of my pay. I also used my remaining sick time of 30 hours so was short $ that week also. The insurance company is using the last 52 weeks to get an average and it brings me down to $811. Can they do this even though I was on a LOA during that time?

[1171]

generally yes. there are not many ways that more accurately predict earnings. like most rules it's designed to work for all residents all the time not one claim and no method will do a perfect job for everyone. most states use a similar rule.
but it depends on the state laws; some are strict others make allowances.
without knowing your state it's difficult to provide help.

[hnws2000]

1171 Wrote:generally yes. there are not many ways that more accurately predict earnings. like most rules it's designed to work for all residents all the time not one claim and no method will do a perfect job for everyone. most states use a similar rule.
but it depends on the state laws; some are strict others make allowances.
without knowing your state it's difficult to provide help.

Sorry IM in Mass

[1171]

I'd contact the local DIA office.
http://www.mass.gov/?pageID=elwdagencyla...s&sid=Elwd
they maybe aware of caselaw that will allow you to supply other information to be used in computing your average weekly wage like using the earning of your replacement.