Rowell v. Security Steel Processing Co.

Defendants appeal by leave granted from an opinion and order of the Workers’ Compensation Appeal Board. The issues on appeal concern the wcab’s calculation of plaintiff’s "average weekly wage” and benefits. We reverse.

Plaintiff had worked seven full weeks and two days of the eighth week when he suffered a heart attack that arose out of and in the course of his employment. During this period, plaintiff earned total gross wages in the amount of $2,772. The referee found that plaintiff’s injury was not work-related and denied benefits. Nonetheless, the referee calculated a gross weekly wage of…