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  1. #1
    Join Date
    Jun 2011

    Default Average Weekly Wage Problem

    I sustained a shoulder injury back in october of last year. My employer fired me as a result of me filing a workers comp claim. I retained an attorney and proceeded with my wc claim. My employer filed two "issues" with my claim to the MD WCC but then suddenly dropped them after receiving my medical diagnosis/dictation. I was awarded $434.00 per week by the MD WCC in a letter mailed to me and my attorney. After receiving this award letter my attorney contacted me and informed me that my employer had filed a wage verification form and that the average weekly wage he (my former employer) listed was substantially lower than I had calculated. Upon review of this wage verification form my former employer submitted to my lawyer, it seems to me that he intentionally falsified my wages on that form. I have all my original pay-stubs and several of the weekly wages listed on the verification form are approximately $100-$350 less than what my pay-stubs list as my gross wage for the weeks in question. In fact, 7 out of the 11 weeks used to calculate average weekly wage were falsified to make my AWW lower than what it should be. I am wondering what steps I can take to file a fraud claim against my former employer. It is obvious to myself and my attorney that he intentionally falsified the wage verification form to make my TTD payments less than what they should be. I just want to know if I have legal recourse against him for this issue. Thank you in advance for your responses.

  2. #2
    Join Date
    Feb 2007

    Default Re: Average Weekly Wage Problem

    Leave it to your attorney.
    And, to calculate your AWW...they can use the previous 52 weeks of wages.
    "You" specifically don't do anything on this one... it's your burden of proof that your ER committed fraud.

    To substantiate your AWW to the MD/WCC... hand them your pay stubs, and/or last years tax return.

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