Shy of 234-day Guideline, Driver Worked 'Substantially the Whole' of the Year
New York, NY (WorkersCompensation.com) – Whether an employee in New York works “substantially the whole” of the year leading up to an on-the-job injury can make a big difference in the calculation of his average weekly wage.
While the state guidelines set 234 days as the typical number to constitute “substantially the whole,” as the court explained in Foster v. Fedex Freight Inc., No. 529821 (N.Y. App. Div. 11/12/20), a lower mark – 225 to be exact -- can ...
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