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32.0621 Basis of compensation-Computation.

Cite as [A.S.C.A. § 32.0621]

Except as otherwise provided in this chapter, the average weekly wage of the injured employee at the time of the injury shall be taken as the basis upon which to compute compensation and shall be determined as follows:

(a) If at the time of the injury the wages are fixed by the week, the amount so fixed shall be the average weekly wage.

(b) If at the time of the injury the wares are fixed by the month, the average weekly wage shall be the monthly wage so fixed multiplied by 12 and divided by 52.

(c) If at the time of the injury the wages are fixed by the year, the average weekly wage shall be the yearly wage so fixed, divided by 52.

(d) (1) If at the time of the injury the wages are fixed by the day or hour, or by the output of the employee, the average weekly wage shall be the wage most favorable to the employee, computed by dividing by 13 the wages (not including overtime or premium pay) of the employee earned in the employ of the employer in the first, second, third or fourth period of 13 consecutive calendar weeks in the 52 weeks immediately preceding the injury.

(2) If the employee has been in the employ of the employer less than 13 calendar weeks immediately preceding the injury, his average weekly wage shall be computed under paragraph (d) (1), taking the wages (not including overtime or premium pay) for such purpose to be the amount he would have earned had he been employed by the employer the full 13 calendar weeks immediately preceding the injury and had worked when work was available to other employees in a similar occupation.

(3) If at the time of the injury an hourly wage had not been fixed or could not be ascer-tained, the wage for the purpose of calculating compensation shall be taken to be the usual wage for similar services where such services are rendered by paid employees.

(e) In occupations which are exclusively seasonal and therefore cannot be carried on throughout the year, the average weekly wage shall be taken to be one fifty-second of the total wages which the employee has earned from all occupations during the 12 calendar months immediately preceding the injury. In computing the earnings from other occupations, the reasonable value of the services of the employee may be taken into account.

(f) In case of volunteer firemen, police, and civil defense members or trainees, the income benefits shall be based on the average weekly wage in their regular employment.

(g) If the employee was a minor, apprentice or trainee when injured, and it is established that under normal conditions his wages should be expected to increase during the period of disability, that fact may be considered in computing his average weekly wage.

(h) When the employee is working under concurrent contracts with 2 or more employers and the defendant employer has knowledge of such employment prior to the injury, his wages from all such employers shall be considered as if earned from the employer liable for compensation.

History: 1967, PL 10-15.

Case Notes:

Subsection (d)(i): Bus driver who was paid a percentage of faxes less operating expenses was paid wages “fixed by output” of the employee. Enekosi v. Workmen’s Compensation Commssioner, 3 A.S.R. 2d 81(1986).

In occupational disease cases, the best estimate of the "date of injury" will ordinarily be the date on which the progress of the disease made it impossible for the claimant to continue working. A.S.C.A. § 32.0621. Continental Insurance Co. v. Workmen’s Compensation Commission, 15 A.S.R.2d 130 (1990).

Bus driver who was paid a certain percentage of his total fares minus certain expenses of operating the bus was paid a wage "fixed by output" within the meaning of workers' compensation statute. A.S.C.A. § 32.0621. Enekosi v. Tu'ufuli, 3 A.S.R.2d 81 (1986).

Driver who was paid a percentage of bus fare receipts less fuel expenses was properly held to be an employee whose wages are "fixed by output" within the meaning of the workmen's compensation statutes, rather than one whose wages are neither "fixed" nor "ascertainable". A.S.C.A. § 32.0621 (d)(1),(3). Enekosi v. Moaali'itele, 6 A.S.R.2d 49 (1987).

That an employee's wage may have been less than required by the federal minimum wage laws did not make it improper for Workmen’s Compensation Commission to base his compensation award on his actual wage in accordance with territorial statute. A.S.C.A. § 32.0261. Enekosi v. Tu'ufuli, 3 A.S.R.2d 81 (1986).

Bus driver who was paid a certain percentage of his total fares minus certain expenses of operating the bus was paid a wage "fixed by output" within the meaning of workers' compensation statute. A.S.C.A. § 32.0621. Enekosi v. Tu'ufuli, 3 A.S.R.2d 81 (1986).

Driver who was paid a percentage of bus fare receipts less fuel expenses was properly held to be an employee whose wages are "fixed by output" within the meaning of the workmen's compensation statutes, rather than one whose wages are neither "fixed" nor "ascertainable". A.S.C.A. § 32.0621 (d)(1),(3). Enekosi v. Moaali'itele, 6 A.S.R.2d 49 (1987).