TT&H Attorney Jamie DeSisto Prevails Before Court of Appeals on Average Weekly Wage and Unemployment Benefits Credit Issue

TT&H Attorney Jamie DeSisto obtained a DC Court of Appeals win on average weekly wage issue and secured credit for Claimant’s receipt of unemployment benefits.  Claimant worked only four weeks for the Employer, and worked highly irregular and inconsistent hours. Therefore, it was difficult to ascertain an average weekly wage, and the relevant statute was ambiguous as to how it would apply to Claimant.

According to Claimant’s calculation, the average weekly wage should have been $720. However, the Court of Appeals agreed with Jamie’s analysis that the true average weekly wage was $108.84. The Court of Appeals also accepted Jamie’s plea to affirm the CRB’s finding that Employer was entitled to a credit for Claimant’s unemployment compensation, and granted Employer a credit.  In tandem, these two victories substantially limited the Carrier’s exposure.

Questions about this case can be directed to Jamie DeSisto at (443) 641-0558 or jdesisto@tthlaw.com.