Unreported Tips Can't Be Included in AWW, Court Rules

A cosmetologist forfeited her right to have her tips factored into her average weekly wage by failing to report them for tax purposes, a Massachusetts appellate court concluded. Case: Roberta O'Connell's Case, No. 10-P-151, 2/16/11. Published.Facts: Roberta O'Connell injured her shoulder while working as a part-time cosmetologist at Rob Roy Coiffures.The employer's insurer, Peerless Insurance Co., acknowledged liability, but contested the amount that O'Connell was due. The two parties disagreed about whether O'Connell's tips should be included in her average weekly ...