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