State, Department of Natural Resources v. Dupree

OPINION

BURKE, Chief Justice.

AS 23.30.220(2) provides that the average weekly wage of an injured employee is that most favorable to the employee calculated by dividing fifty-two into the total wages earned in any one of the three calendar years immediately preceding injury.1 Departure from this formula is sanctioned when the Alaska Workers’ Compensation Board determines that the employee’s average weekly wage cannot be “fairly calculated” under subsection (2).2 AS 23.30.220(3). At issue in this case is whether Dupree’s average weekly wage was fairly calculated under that section because…