Michigan

working at the time of the accident, whether for the employer or not, during substantially the whole of the year immediately preceding his injury, his average annual earnings shall consist of three hundred times the average daily wage or salary which he has earned in such employment during the days when so employed. If the injured employé has not worked in such employment during substantially the whole of such immediately preceding year, his average

by the statute. In the case of steady employment throughout one or more years, the average annual earning of the employé for the last preceding year is determined and the aggregate thereof, when divided by 52, gives the 'average weekly wages.' In the case of steady employment for a period substantially less than one year, the 'average weekly wages' is determined by multiplying the average daily wage of the employé by 300 and dividing by 52.

"In the case under consideration, where it appears that the employé continues to work throughout the year, but is engaged less than full time, the rule for determining the average weekly wages becomes less obvious, and possibly such rule in some instances must bend to conditions and circumstances. However, from a careful examination of the provisions of section 11, part 2, of the act, and similar provisions in the compensation laws of other states and the construction put upon the same by the courts, the board is of the opinion that the general rule in this class of cases is to determine the average weekly wages by multiplying the daily wage by 300 and dividing by 52.

"We recognize that there are some classes of employment where, from the nature of business, the employment is limited to certain days weekly, and in these and other cases the workmen are employed more or less by others during the time not spent in the service of the employer for whom they were working when injured. It is obvious that a different rule would apply in some case arising out of the last mentioned classes of employment, and that such cases would have to be determined upon the particular facts and circumstances found to exist. These could be determined by the board only when they came before it in due course for hearing and adjustment." Ruling of Michigan Industrial Accident Board, November, 1912.

A miner was actually at work 131 days in a mine which was operated 148 days during the entire year. It was held that in determining his daily wage the amount which he actually earned should be divided by the number of days he actually worked. Anna Andrewjeski v. Wolverine Coal Co., Mich. Indus. Acc. Bd., March, 1913.

Minnesota

annual earnings shall consist of three hundred times the average daily wage or salary which an employé of the same class working substantially the whole of such immediately preceding year in the same or a similar employment in the same or a neighboring place, shall have earned in such employment during the days when so employed. In cases where the foregoing methods of arriving at the average annual earnings of the injured employé cannot reasonably and fairly be applied, such annual earnings shall be taken at such sum as, having regard to the previous earnings of the injured employé, and of other employés of the same or most similar class, working in the same or most similar employment, in the same or neighboring locality, shall reasonably represent the annual earning capacity of the injured employé at the time of the accident in the employment in which he was working at such time. The fact that an employé has suffered a previous disability, or received compensation therefor, shall not preclude compensation for a later injury, or for death, but in determining compensation for the later injury, or death, his average annual earnings shall be such sum as will reasonably represent his annual earning capacity at the time of the later injury in the employment in which he was working at such time, and shall be arrived at according to and subject to the limitations of the provisions of this section. The weekly loss in wages referred to in this act shall consist of such percentage of the average weekly earnings of the injured employé, computed according to the provisions of this section, as shall fairly represent the proportionate extent of the impairment of his earning capacity in the employment in which he was working at the time of the accident, the same to be fixed as of the time of the accident, but to be determined in view of the nature and extent of the injury."

MINNESOTA

The computation is based on the wages the employé receives at the time of the injury. Part II, § 13.

New Hampshire

NEBRASKA

Part II, § 26. Wherever in this Act the term 'wages' is used, it shall be construed to mean the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the accident, and shall not include gratuities received from the employer or others, nor shall it include board, lodging or similar advantages received from the employer, unless the money value of such advantages shall have been fixed by the parties at the time of hiring. In occupations involving seasonal employment or employments dependent upon the weather, the employé's weekly wages shall be taken to be one-fiftieth of the total wages which he has earned from all occupations during the year immediately preceding the accident, unless it be shown that during such year, by reason of exceptional causes, such method of computation does not ascertain fairly the earnings of the employé, in which case the period for calculation shall be extended so far as to give a basis for the fair ascertainment of his average weekly earnings. In continuous employments, if immediately prior to the accident the rate of wages was fixed by the day or hour, or by the output of the employé, his weekly wages shall be taken to be five and one-half times his average earnings at such rate for a working day of ordinary length, excluding earnings from overtime and using as the basis of calculation his earnings during so much of the preceding six months as he worked for the same employer."

NEVADA

The act provides for payment of certain percentages of the workmen's "average monthly earnings," but this term is not defined. See § 25.

NEW HAMPSHIRE

The term average wages is not specially defined in the New Hampshire Act. See § 6.

New Jersey

NEW JERSEY 1

"§ III, 23. * * * 'Wages' defined. Wages fixed by output. Wherever in section two of this act the term 'wages' is used, it shall be construed to mean the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the accident, and shall not include gratuities received from the employer or others. nor shall it include board, lodging or similar advantages received from the employer, unless the money value of such advantages shall have been fixed by the parties at the time of hiring. Where prior to the accident the rate of wages is fixed by the output of the employé, his weekly wages shall be taken to be six times his average daily earnings for a working day of ordinary length, excluding overtime. This rate of weekly wages shall be calculated by dividing the total value of the employé's output during the actual number of full working days during the preceding

1 Where, by reason of inclement weather the workman was not employed regularly, but the highest amount earned in one week was $15.75, and the lowest $2.40, it was held that the amount earned during the entire period should be taken and divided by the number of weeks employed to determine the wages upon which the compensation should be based. Re Walton; (Mercer Common Pleas, May 10th, 1912); 35 N. J. Law J. 184.

Where a longshoreman worked irregular hours, it was held that in determining the amount of his wages the amount earned for night work should be added to the amount earned in the day time, and this rule was not changed by the fact that for the night work he received extra compensation. Bonaldi v. Hamburg Am. Line, 36 N. J. Law J. 302.

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A workman applying for work was asked if he understood the use of saws, to which he replied that he did, and he was put to work without any agreement as to the amount of wages which he was to receive. On the same day that he started to work he was injured by one of the was held that the workman was entitled to compensation of at least the minimum amount specified in the statute of $5 a week, for the number of weeks specified in the act for the loss of a thumb and the partial loss of the use of the first finger and the loss of the use of the fourth finger. Mueller v. Oelkers Mfg. Co., (Essex Common Pleas, February, 1913); 36

N. J. Law 117.

New York

six months, by the number of days the workman was actually employed. All parts of this calculation shall refer to employment by the same employer."

NEW YORK

"§ 3, subd. 9. 'Wages' means the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the accident, including the reasonable value of board, rent, housing, lodging or similar advantage received from the employer."

"§ 14. Weekly wages basis of compensation. Except as otherwise provided in this chapter, the average weekly wages of the injured employé at the time of the injury shall be taken as the basis upon which to compute compensation or death benefits, and shall be determined as follows:

"1. If the injured employé shall have worked in the employment in which he was working at the time of the accident, whether for the same employer or not, during substantially the whole of the year immediately preceding his injury, his average annual earnings shall consist of three hundred times the average daily wage or salary which he shall have earned in such employment during the days when so employed;

"2. If the injured employé shall not have worked in such employment during substantially the whole of such year, his average annual earnings shall consist of three hundred times the average daily wage or salary which an employé of the same class working substantially the whole of such immediately preceding year in the same or in a similar employment in the same or a neighboring place shall have earned in such employment during the days when so employed;

"3. If either of the foregoing methods of arriving at the annual average earnings of an injured employé cannot reasonably and fairly be applied, such annual earnings shall be such sum as, having regard to the previous earnings of the injured employé and of other employés of the same or most similar class, working in the same or most similar