Claim of Whittaker v. Central Square Central School District

Claimant challenges the calculation of his average weekly wage in connection with the establishment of a work-related injury to his right elbow and hand. Specifically, claimant asserts that the Workers’ Compensation Board erred in using a 200 multiplier (see Workers’ Compensation Law § 14 [3]) in determining his average weekly wage rather than a multiplier that more fairly and reasonably reflects his actual annual salary.

The record establishes that claimant worked as a school bus driver 10 months a year, totaling 220 days, and that his annual salary for the year preceding his injury was…