Narrative Opinion Summary
The case involves an appeal by Nancy R. Green concerning the determination of her average weekly wage for workers' compensation benefits following a knee injury sustained in 1985. Green argued that her compensation should be based on her increased salary at the time of her total disability claim in 1989, rather than her salary at the time of the injury. The Virginia Workers’ Compensation Commission and the deputy commissioner had both ruled that the calculation should be based on her earnings at the time of the injury, pursuant to Code 65.1-6(A)(1), which specifies that the average weekly wage is determined from the 52 weeks preceding the date of injury. The court affirmed this ruling, emphasizing that the date of the accident, not the disability, is crucial for such calculations. Green's contention that her increased salary at the disability date constituted an 'exceptional reason' for recalculating wages was dismissed by the court, which noted the potential adverse impact of setting such a precedent. The court also referenced the consistency of this interpretation with previous case law and the General Assembly's decision not to amend the statute, thus affirming the commission's decision with all judges concurring.
Legal Issues Addressed
Calculation of Average Weekly Wage under Workers' Compensationsubscribe to see similar legal issues
Application: The average weekly wage must be assessed based on the earnings during the 52 weeks preceding the injury date, not the earnings at the time of disability.
Reasoning: The court referenced Code 65.1-6(A)(1), emphasizing that average weekly wages are based on the 52 weeks preceding the date of injury, affirming that the date of the accident is the determinative factor, not the date of disability.
Exceptional Reasons for Wage Adjustmentsubscribe to see similar legal issues
Application: The court determined that a higher wage at the time of disability does not constitute an 'exceptional reason' to alter the calculation of average weekly wages.
Reasoning: The court rejected Green’s argument that a higher wage at the time of disability constituted an 'exceptional reason' for altering the calculation, noting that such a precedent could negatively affect other employees who had experienced wage reductions.
Interpretation of Statutes in Worker Compensation Casessubscribe to see similar legal issues
Application: The current legal interpretation was upheld, and the legislature's decision not to amend the law was noted as an endorsement of this interpretation.
Reasoning: The court upheld the interpretation established in previous cases, such as Sisk v. Alfred Teves, Inc., and highlighted the General Assembly's lack of changes to the law since that ruling.