Yes. This is called concurrent employment. Wages received from all concurrent separate employment are used to determine the Average Weekly Wage to calculate compensation payable by the liable employer. Act 12 of 1972 eliminated the requirement that the defendant-employer have knowledge of such concurrent employment prior to the incident.
Concurrent means “at the time” of the injury.
Note that the receipt of unemployment compensation benefits by virtue of a temporary layoff is not controlling as to a finding of concurrent employment. Instead, the focus is whether the employment relationship remains sufficiently intact such that the employee’s past earning experience remains a valid predictor of future earnings loss.
Further, to calculate the injured workers’ AWW with concurrent employment, the AWW of each position must be calculated separately and then added together.
For more information on this topic, email Michael@cardamonelaw.com or call Michael W. Cardamone directly at (267) 651-7945.
