Court Upholds AWW Calculation of $709 for Man With 16 Days Worked

A New York appellate court ruled that a production assistant was entitled to benefits for injuries from a car accident, based on an average weekly wage of $709.15, even though he had earned just $2,950 in 16 days of employment. Case: Matter of Bain v. New Caps, No. 524589, 01/18/2018, published. Facts: David Bain worked as a production assistant for New Caps LLC. He filed a workers’ compensation claim after being injured in a work-related car accident. During the proceedings on his claim, the company submitted a wage earnings statement indicating it had p...