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  1. #1
    Join Date
    Apr 2011
    Posts
    4

    Smile California Weekly Wage Calculation

    Hello,

    Which calculation looks correct?

    Basics:
    $40,807 - 2010 W2
    $17.10 - hourly wage
    37.5 hour work week before injury
    25.00 hour work week per doctor (modified duty @ 5 hours per day)
    12.5 hours short per week


    $380.66 calculation:
    $40,807 earned in 2010 divided by 52 weeks is 784.75 minus 213.75 (hours Iím short 12.5*17.10 hourly wage) = 571
    2/3 of 571 is 380.66

    $238.16 calculation
    $40,807 earned in 2010 divided by 52 weeks is 784.75 minus 427.50 (hours worker per week 25*17.10 hourly wage) = 357.25
    2/3 of 357.25 is 238.16

    Thank you! )
    Last edited by CAsun; 04-12-2011 at 06:26 PM.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: California Weekly Wage Calculation

    4453 (1) Where the employment is for 30 or more hours a week and for
    five or more working days a week, the average weekly earnings shall
    be the number of working days a week times the daily earnings at the
    time of the injury.

    (3) If the earnings are at an irregular rate, such as piecework,
    or on a commission basis, or are specified to be by week, month, or
    other period, then the average weekly earnings mentioned in
    subdivision (a) shall be taken as the actual weekly earnings averaged
    for this period of time, not exceeding one year, as may conveniently
    be taken to determine an average weekly rate of pay.
    (4) Where the employment is for less than 30 hours per week, or
    where for any reason the foregoing methods of arriving at the average
    weekly earnings cannot reasonably and fairly be applied, the average
    weekly earnings shall be taken at 100 percent of the sum which
    reasonably represents the average weekly earning capacity of the
    injured employee at the time of his or her injury, due consideration
    being given to his or her actual earnings from all sources and
    employments http://www.leginfo.ca.gov/cgi-bin/di...file=4451-4459
    Just take the gross figure from your last payroll/check stub, and divide by the period covered.
    Or, take the W-2 figure and divide by 52...doesn't really matter what the hourly rates are. You are paid wage replacement/TTD based on the AWW/Average Weekly Wage at the time of injury. If you haven't been with the ER for a significant period of time, they use the prior 52 weeks.
    AWW can also take into consideration what an IW "should" be able to earn.
    4653. If the injury causes temporary total disability, the
    disability payment is two-thirds of the average weekly earnings
    during the period of such disability, consideration being given to
    the ability of the injured employee to compete in an open labor
    market.

    http://www.leginfo.ca.gov/cgi-bin/di...file=4650-4664
    TTD/TPD is not paid based on hours per week. Disability is paid based on 7 days and AWW.

    Which calculation looks correct?

    $40,807 earned in 2010 divided by 52 weeks is 784.75
    That one.
    What are you trying to figure out here?
    37.5 hour work week before injury
    25.00 hour work week per doctor (modified duty @ 5 hours per day)
    12.5 hours short per week
    Time you were on light duty, or not working doesn't matter. AWW is AWW. The wages you earn divided by the weeks.

  3. #3
    Join Date
    Apr 2011
    Posts
    4

    Default Re: California Weekly Wage Calculation

    Hello BVia, thank you very much for replying. Since the doctor has me on modified duty I'm short 12.5 hours a week. The claim adjustor had initially told me my weekly benefit would be $380.66 then he called back and said he was incorrect that it would be $238.16 my confusion is between his two calculations. For the first one he is multiplying my hourly wage of $17.10 by the 12.5 hours I'm missing which is $571 and two-thirds of that is $380.66
    Then in his second calculation, the final one which he says is correct he's multiplying my hourly wage of $17.10 by the total hours I work per week-25 hrs, which equals $357.25 and two-thirds of this is $238.16

    In your opinion which calculation is accurate? Thank you =)

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: California Weekly Wage Calculation

    Apparently you are due TPD/Temp Patial Disability benefits...that is 66.66% of the difference between your AWW and your current wages. Not the difference of what your total wage is now.

    IE...if your AWW is $700/wk and you are TPD at $500/wk you would be due 66.66% of $200 or $133.32/week. And your wages are taxable, but the TPD is not. Don't know why the hourly rate is being used.

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