Sellers's Case

In cases where the Workers’ Compensation Trust Fund (trust fund)2 is required to pay workers’ compensa-*805tian benefits because an employee suffers a work-related injury while in the employ of an employer who has failed to obtain workers’ compensation insurance, should those benefits be based on the employee’s total earnings, including concurrent wages earned from an insured employer, or based only on wages received from the uninsured employer? We conclude that the benefits should be based on the employee’s total average weekly wage, whether received from an insured or uninsured employer.

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