23 Weeks Of Overtime Is Sufficient To Be Included In The Average Weekly Wage Calculation

Case Name: Dodd v. Freesen Inc., 11 ILWCLB 27 (Ill.Ind.Comm. 2003).

Ruling: The Illinois Industrial Commission held that the claimant’s overtime was to be included in the average weekly wage calculation.

What it means: Where an employee works 34 weeks in a 52 week period prior to a work injury and earns overtime in 23 of those 34 weeks, he is entitled to have the overtime included at the straight wage rate in his average weekly wage calculation.

Summary: The claimant alleged he suffered a seizure condition, multiple headaches, and dizziness due to a work accident.  The Circuit court of Sangamon County remanded the Commission’s decision awarding benefits for an explanation or documentation as to the average weekly wage calculation. On remand, the Commission explained that during the 52 week period prior the claimant’s accident, he worked 34.6 weeks. In 23 of those weeks he earned overtime. Based on this evidence, the Commission found that the claimant regularly worked overtime and therefore could be included at the straight wage rate in his average weekly wage calculation.

In computing the average weekly wage, the Commission found that the claimant lost more than five calendar days during the 52 weeks prior to his injury, and therefore, according to Section 10 of the WCA, the earnings were to be divided by the “number of weeks and parts thereof remaining after the time lost has been deducted. “ During the 52 week period, claimant worked 34.6 weeks and did not work 17.4 weeks. According to Section 10, the Commission held that the claimant’s earnings, including overtime, were to be divided by 34.6 weeks.

Dear valued clients:

Our office is aware of the Covid 19 situation and is taking measures to keep our staff safe during these difficult times. For the immediate future, we will not be meeting in person with any of our clients. However, all of our clients can reach us by telephone, email at chicagolegalnet@yahoo.com or by facsimile at 630-451-9477. Our office remains open and we will continue our work as usual. We feel this is best for everyone concerned.

If you have recently suffered an injury from a work related accident and would like to retain our services, the entire process can be done by telephone, electronic and/or regular mail. We have operators available 24 hours a day, seven days a week. Please feel free to contact us anytime at 312-661-0450 and speak with one of our experienced and knowledgeable attorneys. Once this is has passed, we will gladly meet with you in person to answer any questions or address any concerns you may have.

Thank you for your patience and consideration. Be safe and stay healthy!

Regards

Donald Fohrman
Donald W. Fohrman & Associates, Ltd.