Fulton Cty Bd. of Edu. v. ThomasAnnotate this Case
Appellee Merita Thomas was employed as a school bus driver with the Fulton County Board of Education (“County”) since 2008. Thomas’ employment with the County required her to drive County school buses during the nine-month school year but not during the school district’s summer vacation; Thomas’ salary, however, was paid out over a twelve-month period. During the district’s summer vacation in 2011, Thomas supplemented her income by working for Quality Drive Away (“QDA”), driving newly manufactured school buses from the Atlanta area to other parts of the country. Thomas’ summer employment with QDA ended on July 30, 2011, and she returned to her duties with the County when school resumed. On October 19, 2011, Thomas was injured while on the job with the County. She thereafter filed a claim for workers’ compensation benefits. The County has never disputed the compensability of Thomas’ injury; the contested issue was the correct calculation of Thomas’ “average weekly wage,” the basis upon which her benefits are to be computed. The Court of Appeals held that the wages earned from the second employer during the 13-week period should, under the “concurrent similar employment” doctrine, be included in calculating the claimant’s average weekly wage. Finding no error in the appellate court's judgment, the Supreme Court affirmed.