[Download] "Richard Herbst's Case" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Richard Herbst's Case
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 21, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Workers' Compensation Act, Amount of compensation, Average weekly wages. School and School Committee, Compensation of personnel. Words, ""Average weekly wages,"" ""Time lost."" LYNCH, J. The novel issue raised in this case is whether a public school teacher's ""average weekly wages"" for the purpose of workers' compensation benefits should be calculated with or without regard to the summer vacation period. On September 19, 1983, the employee, Richard Herbst, a fifty-four year old physical education teacher for the city of Worcester (employer) with twenty-eight years of service, sustained a compensable injury, resulting in his total disability. At the time of injury, his annual salary was $22,139.53. The employee's paychecks were dispersed biweekly throughout the year, including the thirteen-week summer vacation period when he did not work. The employer calculated the employee's average weekly wages by dividing his yearly earnings by fifty-two, 1 and awarded compensation in the amount of $289.18 per week thereafter.