Herbst's Case

The novel issue raised in this case is whether a public school teacher’s “average weekly wages” for the purpose of workers’ compensation benefits should be calculated with or without regard to the summer vacation period. On September 19, 1983, the employee, Richard Herbst, a fifty-four year old physical education teacher for the city of Worcester (employer) with twenty-eight years of service, sustained a compensable injury, resulting in his total disability. At the time of injury, his annual salary was $22,139.53. The employee’s paychecks were dispersed biweekly throughout the year, including…