Court Upholds Use of Standard Calculation of Benefits for Worker with Irregular Schedule

A New York appellate court upheld the calculation of a worker’s benefits using the standard formula for a worker who worked five-days a week during substantially the whole of the year immediately preceding his injury, even though the worker had worked approximately half the time on a four-day a week schedule. Case: In the Matter of the Claim of Foster v. FedEx Freight Inc., 11/12/2020, published. Facts and procedural history: James Foster worked for FedEx Freight Inc. as a driver. He suffered injuries in April 2018 while attempting to sit on a chair. Foster filed a workers’ comp...