Iowa installment period, the amount per annum shall be ascertained pursuant hereto, and such amount divided by the number of installment periods per annum." IOWA "§ 16. The basis for computing compensation provided for in this act shall be as follows: "(a) The compensation shall be computed on the basis of the annual earnings which the injured person received as salary, wages or earnings in the employment of the same employer during the year next preceding the injury. "(b) Employment by the same employer shall be taken to mean employment by the same employer in the grade in which the employé was employed at the time of the accident, uninterrupted by absence from work due to illness or any other unavoidable cause. "(c) The annual earnings, if not otherwise determinable, shall be regarded as three hundred (300) times the average daily earnings in such computation. "(d) If the injured person has not been engaged in the employment for a full year immediately preceding the acci dent, the compensation shall be computed according to the annual earnings which persons of the same class in the same or in neighboring employments of the same kind have earned during such period. And if this basis of computation is impossible, or should appear to be unreasonable, three hundred (300) times the amount which the injured person earned on an average of those days when he was working during the year next preceding the accident, shall be as a basis for the computation. used ages "(e) In case of injured employés who earn either no or less than three hundred (300) times the usual daily wage or earnings of the adult day laborer in the same line of industry of that locality the yearly wage shall be reckoned as three hundred (300) times the average daily local wages of the average wage earned in that particular kind or class of work; or if information of that class is not obtainable, Kansas then of the class or kindred or similarity in the same general employment in the same neighborhood. "(f) As to employés in employments in which it is the custom to operate for a part of the whole number of working days in each year such number shall be used instead of three hundred (300) as a basis for computing the annual earnings, provided, the minimum number of days which shall be used for the basis of the year's work shall not be less than two hundred (200). "(g) Earnings, for the purpose of this section, shall be based on the earnings for the number of hours commonly regarded as a day's work for that employment, and shall exclude overtime earnings. The earnings shall not include any sum which the employer has been accustomed to pay the employé to cover any special expense entailed on him by the nature of his employment. "(h) In computing the compensation to be paid to any employé who, before the accident for which he claims compensation, was disabled and drawing compensation under the terms of this act, the compensation for each subsequent injury shall be apportioned according to the proportion of incapacity and disability caused by the respective injuries which he may have suffered. KANSAS "§ 12. Rule for compensation. For the purposes of the provisions of this act relating to 'earnings' and 'average earnings' of a workman, the following rules shall be observed: (a) 'Average earnings' shall be computed in such manner as is best calculated to give the average rate per week at which the workman was being remunerated for the 52 weeks prior to the accident. Provided, that where by reason of the shortness of time during which the workman has been in the employment of his employer, or the casual nature or the terms of the employment, it is impracticable to compute the rate of remuneration, regard shall be had to the average weekly amount which, during the twelve months Maryland previous to the accident, was being earned by a person in the same grade employed at the same work by the same employer, or, if there is no person employed, by a person in the same grade employed in the same class of employment and in the same district. (b) Where the workman had entered into concurrent contracts of service with two or more employers under which he worked at one time for one such employer and at another time for another such employer, his earnings' and his 'average earnings' shall be computed as if his earnings under all such contracts were earnings in the employment of the employer for whom he was working at the time of the accident. (c) Employment by the same employer shall be taken to mean employment by the same employer in the grade in which the workman was employed at the time of the accident, uninterrupted by his absence of work due to illness or any other unavoidable cause. (d) Where the employer has been accustomed to pay to the workman a sum to cover any special expenses entailed upon him by the nature of his employment, the sum so paid shall not be reckoned as part of the earnings. (e) In fixing the amount of the payment, allowance shall be made for any payment or benefit which the workman may receive from the employer during his period of incapacity. (f) In the case of partial incapacity the payments shall be computed to equal, as closely as possible, fifty per cent of the difference between the amount of the 'average earnings' of the workman before the accident, to be computed as herein provided, and the average amount which he is most probably able to earn in some suitable employment or business after the accident, subject, however, to the limitations hereinbefore provided." MARYLAND See § 5, (a) and (b) for the manner of computing the wages in death cases and § 5 (II) and (III) for provisions on this subject relating to disability payments. Massachusetts MASSACHUSETTS 1 “Part V, § 2. *** ‘Average weekly wages' shall mean the earnings of the injured employé during the period of twelve calendar months immediately preceding the date of injury, divided by fifty-two; but if the injured employé 1 The Massachusetts Industrial Accident Board has announced the following formula in determining the average weekly wages of injured employés: .hours constitute one week, Wages are paid on (give date of week). For week ending (give day of week). Total amount received by injured employé during the year ending (give day of injury) $...... Number of "short-time" weeks... ..hours Number of hours employed during "short-time" period... Full time for above number of weeks.. ..hours. Divided by..... weeks gives average weekly wage $..... Where an employé was engaged as an elevator attendant during the first six of twelve months preceding his death and as a watchman at an increased wage during the last six months, it was held that the average weekly wage of the employé during the last six months controlled, as this was the last grade of employment. See Bulletin No. 2, Mass. Indus. Acc. Bd., Jan., 1913, p. 9. In short time disability cases the Board will approve claims for compensation made with employés in which the weekly wage received at the time of the injury, as shown in the accident report, is accepted as the average weekly wage under the authority of Part III, § 4 of the Act. Bulletin No. 2, Mass. Indus. Acc. Bd., Jan., 1913, p. 9. In determining the average weekly wages under the statute the value of board, clothing, gratuities, etc., must be taken into consideration and if a man is engaged by more than one employer, that is to say, in the case of a longshoreman, and who works for one employer part of the day or week and for another or several employers the balance of the day or week, he is entitled to compensation based upon one-half of the average weekly Michigan lost more than two weeks' time during such period then the earnings for the remainder of such twelve calendar months shall be divided by the number of weeks remaining after the time so lost has been deducted. Where, by reason of the shortness of the time during which the employé has been in the employment of his employer, or the nature or terms of the employment, it is impracticable to compute the average weekly wages, as above defined, regard may be had to the average weekly amount which, during the twelve months previous to the injury, was being earned by a person in the same grade employed at the same work by the same employer; or, if there is no person so employed, by a person in the same grade employed in the same class of employment and in the same district." MICHIGAN 1 "Part II, § 11. The term 'average weekly wages' as used in this act is defined to be one fifty-second part of the average annual earnings of the employé. If the injured employé has not worked in the employment in which he was wages of longshoremen employed in the same class of work in the same district. See Bulletin No. 2, Mass. Indus. Acc. Bd., Jan., 1913, p. 9. Overtime earnings in continuous or regular employments should not be charged off against lost time in computing the average weekly wages. See Bulletin No. 2, Mass. Indus. Acc. Bd., Jan., 1913, p. 8. The average weekly wages of the employé were determined by obtaining a statement of the wages earned by a fellow employé equally competent, who was employed by the same employer in the same grade, and it was held that this was necessary on account of the shortness of time during which the claimant had been working for her employer. Regan v. Travelers Ins. Co., Mass. Indus. Acc. Bd. "The term 'average weekly wages' is defined in section 11, part 2, of Act 10, Public Acts 1912, and the method of computing and determining such 'average weekly wages' of an injured employé, is set forth in said section with considerable detail. Where the employé receives a weekly salary or has been steadily employed throughout the year, the determination of the question is a simple matter, and in cases where the employé has been working substantially full time, but for a period substantially less than one year, the method of computation seems to be clearly covered |