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Hi I'm in Az and think I'm going to be out of work for 6 weeks due to spinal surgery from and Oji. I haven't even talked to my adjuster from work. I've contacted her server so times. My question is: I was out of work unpaid the 2 months prior to accident taking care of a death in family. How will they calculate my weekly wages for payment while I was out?
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07-24-2015, 12:16 PM
(This post was last modified: 07-24-2015, 12:24 PM by 1171.)
they should use whatever method will give them the best idea of what you would have made had you been working.
If the injured or killed employee has not been continuously employed for the period of thirty days immediately preceding the injury or death, the average monthly wage shall be such amount as, having regard to the previous wage of the injured employee or of other employees of the same or most similar class working in the same or most similar employment in the same or neighboring locality, reasonably represents the monthly earning capacity of the injured employee in the employment in which the injured employee is working at the time of the accident.
see 23-1041 of the comp law statute
http://www.azleg.gov/ArizonaRevisedStatu...p?Title=23
more information here:
http://www.ica.state.az.us/Claims/Forms/...k_2015.pdf
you can also contact the ombudsman at the ICA for information
http://www.ica.state.az.us/ALJ/ALJ_Depar..._List.aspx
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