Legal Opinion

Enekosi v. Workmen's Compensation Commissioner Tu'ufuli

High Court of American Samoa

Decided October 28, 1986No. CA. NO. 64-86Published

1Opinion of the Court

*82Plaintiff, a bus driver, was injured while changing a tire on his bus. In a Workmen's Compensation Commission proceeding brought by plaintiff against his employer, the Commission found that plaintiff was paid a specified percentage of the amount he collected from passengers. At the time of the injury he was paid 40 cents for each dollar he collected. The Commission concluded that his wages for Workmen's Compensation purposes should be calculated according to the provisions of A.S.C.A. S 32.0621(d)(1), which deals with "wages . . . fixed by the day or hour, or by the output of the employee.*…

2Cases cited4 opinions

  1. Bituminous Casualty Corporation v. SappSupreme Court of Georgia · 1943
  2. Miami Copper Co. v. SchoonoverArizona Supreme Court · 1947
  3. Lovette v. Reliable Manufacturing CompanySupreme Court of North Carolina · 1964
  4. McCrudden v. Venditto Bros., Inc.Supreme Court of Rhode Island · 1967

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