Purvis ex rel. Liles v. Faulkner Neon & Electric Co.

Is the evidence sufficient to support the Commission’s conclusion that it would be unfair and unjust to compute decedent’s “average weekly wages” by dividing his total earnings by eleven, whereby the result would be $26.88, and to warrant the finding and conclusion that the award should be based on “average weekly wages” of $34.88? The court below answered in the affirmative. We are constrained to hold that controlling statutory provisions necessitate a negative answer.

Unquestionably, decedent had the capacity to earn $34.88 per week “in the employment in which he was working at the time of…