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Injured on Part Time Job (Maryland)
#1
My husband took a second job because we were expecting and wanted to put some money aside. Long story short, he was injured on his part time job.
He worked for that company a total of 27 hours, 18 hours the month he was injured.

My question is, did he work few enough hours that his award will be based on his weekly wage at his full time job?

We asked the attorney, a second time and for a second time he seemed genuinely surprised and has to "research" it.

Thank you for any help and for at least "listening", which is more than I can say our attorney does.
 
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#2
there are some conditions.

see 9-602 in the Labor and employment article of the maryland code
http://www.lexisnexis.com/hottopics/mdcode/

(l) Covered employees with more than one employer. --

(1) This subsection applies only to a covered employee who:

(i) has suffered:

1. a serious permanent partial disability under § 9-630 of this subtitle; or

2. a permanent total disability under § 9-637 of this subtitle;

(ii) was concurrently employed by more than one employer at the time of the accidental personal injury;

(iii) worked, on average, 20 hours per week or less in the employment in which the accidental personal injury occurred; and

(iv) as a result of the accidental personal injury, is unable to work at any employment the covered employee was engaged in at the time of the accidental personal injury or any similar type of employment.

(2) (i) If the covered employee earned weekly wages from another employment that exceeded the weekly wages the covered employee earned from the employment in which the accidental personal injury occurred, the average weekly wage of the covered employee shall be based on the weekly wages the covered employee earned in the other employment.

(ii) If the covered employee earned weekly wages from two or more other employments and, for more than one of such employments, the weekly wages earned by the employee exceeded the weekly wages of the covered employee from the employment in which the accidental personal injury occurred, the average weekly wage of the covered employee shall be based on weekly wages of the employment where the employee earned the highest wages.


Md. LABOR AND EMPLOYMENT Code Ann. § 9-602
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
He does. And when we first met he looked in one of his volumes and referenced a case where the employee only worked X amount of hours so his full time pay was taken into account instead. I just can't remember that number. He wasn't willing to look tonight.
 
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#4
well maybe he'll have the citation tomorrow. I hope it wasn't critical for you to have it today.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#5
(02-26-2014, 12:33 AM)1171 Wrote: well maybe he'll have the citation tomorrow. I hope it wasn't critical for you to have it today.

Thank you for your help! This is PRECISELY what I was searching for!
 
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