Powers v. Warwick Public SchoolsAnnotate this Case
The Supreme Court affirmed the decree of the appellate division of the Workers' Compensation Court (WCC) dismissing Petitioner's appeal from the decision of the trial judge finding that work-sharing benefits were properly not included in Petitioner's average weekly wage for workers' compensation benefits, holding that work-sharing benefits received pursuant to R.I. Gen. Laws 28-44-69 may not be taken into account when determining the average weekly wage to be used in calculating workers' compensation benefits pursuant to R.I. Gen. Laws 28-33-20.
Petitioner was injured during the course of his employment and was unable to work for two months. At the time of the injury, Petitioner received work-sharing benefits from the state under an approved work-sharing program pursuant to section 28-44-69, in addition to receiving remuneration. Petitioner applied for workers' compensation benefits, but Petitioner's "average weekly wage" calculation did not take into account the work-sharing benefits Petitioner had been receiving. Petitioner filed a "claim for a trial" to challenge the calculation of his average weekly wage. The trial judge concluded that Petitioner's work-sharing benefits were properly not included in his average weekly wage. The appellate division of the WCC affirmed. The Supreme Court affirmed, holding that work-sharing benefits are not included as part of the term "wages" in section 28-33-20.