Alabama Workers' Comp Blawg

  • 02
  • Nov
  • 2008

METHOD FOR AWW CALCULATION IS MANDATORY

Ex parte Dolgencorp, Inc., --- So.2d ----, 2008 WL 4757045 (Ala. 2008):

In this October 31, 2008 opinion, the Alabama Supreme Court held that the second method for calculating the average weekly wage as set forth in Alabama Code § 25-5-57(b) must be used in situations where an employee has worked less than 52 weeks. Only when it can be documented that the results of using the second method will result in an outcome that is not fair and just to both parties can the trial judge use the discretionary third method. In this case, the trial judge should have used the second method and divided the employee’s income by the 39 weeks he actually worked.

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