Chesapeake Bay Seafood House v. Clements

Opinion

DUFF, J.

Chesapeake Bay Seafood House (employer) and its insurance carrier, American Manufacturer’s Insurance Company, appeal from a decision of the Workers’ Compensation Commission* determining the rate of compensation payable to Darlene Clements. The sole issue on appeal is whether the commission erred in its calculation of Ms. Clements’ average weekly wage. We hold that the commission did not err in finding that the employee’s imputed earnings for federal income tax purposes “most nearly approximate [d] the amount which . . . [she] would be earning were it not for the injury.”…