Claim of Maw v. Wal-Mart

Peters, J.P.

Appeal from a decision of the Workers’ Compensation Board, filed May 8, 2009, which established claimant’s wage expectancy adjustment at $450 per week.

In December 1999, claimant, then 18 years old, injured her back in the course of her employment as a sales associate. Claimant had aspired to pursue a career in professional dancing and/or choreography but, due to her injuries, was unable to continue dancing. Her claim for workers’ compensation benefits was established and her average weekly wage was set at $226.38 based upon her earnings with the employer. By decision filed…