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.
