AVERAGE WEEKLY WAGE FOR SCHOOL DISTRICT EMPLOYEES
/
IIBs CALCULATION EXPLAINED
Appeal
080268-S - April 7, 2008
The Hearing Officer determined that the Claimant’s AWW for the purposes of determining IIBs was $293.44 based
on what he considered a fair and reasonable basis.
The
Appeals Panel reversed and remanded. The only time a fair and just method may be used to determine the AWW for IIBs for School
District employees is provided in Section 408.0446. That Section requires that the employee did not earn
wages during the 12 months immediately preceding the date of injury before the fair and just method may be used.
The proper method for determining AWW for IIBs purposes for school district employees is to divide the total wages
earned by the employee during the 12 months preceding the injury by 50. There is no requirement that the employee be employed
by non-claim employers on the date of the injury, (Rules 128.7(e) (1) and (2)).
Average Weekly Wage / Tip Income Discussed
Appeal 080741 - July 29, 2008 The Claimant appealed because the Hearing Officer omitted her tip income from
the AWW calculation. The Appeals Panel affirmed the tip income aspect of this case. The burden of proof is on the
claimant to offer sufficient evidence to establish AWW including wages from tips (APD 94734).
Average Weekly Wage / Mandatory Vacation
Week Required Fair, Just, And Reasonable Calculation
Appeal 081525 - December 10, 2008
The appeals Panel reversed the Hearing Officer’s decision and recalculated the claimant’s AWW based on
12 weeks rather than 13 weeks. It was undisputed that the claimant did not work during week 6 of the 13
week period because all employees were put on mandatory vacation during that week. Under these circumstances,
AWW is calculated using the fair, just, and reasonable method because the claimant lost time from work for a reason that was
beyond his control.