قالب وردپرس درنا توس
Home / Insurance / Certain benefits not compiled for lost wages: Court

Certain benefits not compiled for lost wages: Court



The Supreme Court of Rhode Island on Tuesday affirmed an earlier court ruling that found a school employee's state benefits related to a program aimed at avoiding layoffs cannot be used in calculating an average weekly wage.

The decision votes from a claim where a Warwick Public Schools employees in Warwick, Rhode Island, injured his left knee while shoveling snow in late December 2012. Unable to work for more than three months, part-time employee Mark Powers disputed the district's calculation of his average weekly pay because it did not factor in benefits received from the state for a work-sharing program that was created to help districts avoid laying off staff at helping districts create job-share opportunities by reducing hours and helping to bridge the gap between full-time pay and part-time Pay with the supplementary state benefits, according to documents in Mark D. Powers v. Warwick Public Schools filed in Providence, Rhode Island. [1

9659002] Both a trial judge and a state appellate court found that the supplemental benefits could be included in the lost-wage calculation because such work-sharing benefits are "state-of-the-art compensation benefits," records state. Powers appealed, contingent on "work-sharing benefits should be equated, with traditional unemployment benefits, but with holiday pay and vacation pay." of average weekly wage ”and that“ vacation pay is expressly included in the average weekly wage calculation, ”the high court, in its discussion, stated“ we are unused by the comparison thereto that Mr. Powers six to draw. It is true that an employee does not actually work when receiving vacation or holiday pay. However, we are of the opinion that the term 'wages' understandably includes vacation and holiday pay, as are incidents of employment and not of benefits equal to that of unemployment.

Neither attorneys involved nor officials with the school district could immediately reached for comment.


Source link