Delivery Driver's Tips Must Be Included in AWW

An employer's "off-the-book" wages and the tips he earned as a restaurant delivery driver must both be counted as part of his average weekly wage when calculating death benefits, the New York Appellate Division, 3rd Department ruled.Case: Matter of Jin v. Kai, 510955, 11/10/2011.Facts: Yu Ping Jin was killed in a vehicle accident while driving a motorcycle for his employer, Yu Ping Jin. Two days after the accident, the employer filed a C-2 form reporting his death and stating that Jin's gross weekly wage was $350. Jin's widow, however, filed an application for death benefits statin...