Long v. Injured Workers' Ins. Fund
Annotate this CaseUnder the Workers’ Compensation Act (Act), the amount of compensation due to a “covered employee” - which may include a sole proprietor - who has a “permanent total disability resulting from an accidental personal injury” is based on the employee’s “average weekly wage” (AWW). At issue in this case was how to calculate the AWW of a sole proprietor who elects coverage for an accident personal injury under the Act. Petitioner, a self-employed sole proprietor who elected to obtain workers’ compensation coverage as a covered employee, was injured while working as a subcontractor. The Workers’ Compensation Commission issued an award of compensation, but the parties disputed the amount of compensation due. The Commission ultimately calculated Petitioner’s AWW based on his net profit rather than his gross receipts. The circuit court and Court of Special Appeals affirmed. The Court of Appeals affirmed, holding that the AWW of a sole proprietor who elects coverage under the Act is calculated based on the sole proprietorship’s net profit, not on the sole proprietorship’s gross receipts or gross income.
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