Voluntary Exclusion from Coverage Affects Claimant's AWW

A claimant may not include earnings from his concurrent job in his average weekly wage because he had elected not to be covered by workers' compensation coverage at the other job, a New York appellate court ruled. Case: Sheeley v. Sheeley Septic Service, et al., No. 506238, 1/28/10, published.Facts: Dennis Sheeley suffered an injury in 1994 while working for Sheeley Septic Service and successfully sought workers' compensation benefits. In 2005 he sought benefits for reduced or lost wages and contended that his average weekly wage should reflect his concurrent employment with Thomp...