Schmaltz v. Troy Metal Concepts, Inc

In this worker’s compensation case, this Court is asked to determine whether a disabled employee’s average weekly wage at the time of injury can be recalculated or redetermined to include discontinued fringe benefits when that employee’s subsequent employment produces a partial benefit rate. We conclude that the average weekly wage that is used to establish benefit entitlement is determined at the time of injury and may not be subsequently recalculated. Postinjury employment does not affect the time of injury average weekly wage calculation. This was the decision reached by the Worker’s…