Rubick v. Security Instrument Corp.

BERGER, Justice:

This appeal is about the calculation of wages under the Workers’ Compensation Act. The sole issue is whether an injured worker must be compensated at the hourly rate he was receiving at the time of the accident, or whether the compensation may be based on the average hourly rate the worker was receiving for the six months before the accident. In this case, because the employee’s hourly rate at the time of the accident was more than double his average hourly rate, the Superior Court held that the average hourly rate applies. We conclude, based on the language and history of the…