Richard Beavers Constr., Inc. v. Wagstaff
180 A.3d 211
Md. Ct. Spec. App.2018Background
- Dexter Wagstaff was hired in Feb 2013 by Richard Beavers Construction, Inc. (RBCI) as a lift operator at $18.95/hour, hired for "full time" (40 hours/week) but instructed not to work in rain or snow and paid only for hours worked.
- He worked ~6 weeks before a severe on-the-job injury on April 1, 2013; due to frequent inclement weather during that period he averaged ~16.75 hours/week and ~$317/week.
- Wagstaff filed a workers’ compensation claim reporting $758/week (40 hrs × $18.95). RBCI submitted wage records showing ~$317/week for the prior six weeks.
- The Commission initially used the six-week average but, after a hearing where evidence showed he was hired for 40 hours/week and the short pre-injury period was weather-shortened, the Commission awarded benefits based on $758/week.
- The Circuit Court for Talbot County affirmed; RBCI and insurer appealed to the Court of Special Appeals, which affirmed, holding the Commission permissibly used the 40-hour figure given the short, unrepresentative pre-injury earnings period.
Issues
| Issue | Plaintiff's Argument (Wagstaff) | Defendant's Argument (RBCI/Selective) | Held |
|---|---|---|---|
| Proper method to compute "average weekly wage" for recently hired employee injured shortly after hire | Use the contracted 40-hour workweek ($758/week) because he was hired for full time and the short pre-injury period was weather-shortened and unrepresentative | Must calculate average weekly wage from actual wages earned in the weeks prior to injury (the employer’s 14-week/6-week wage statement); here ~$317/week | Affirmed Commission: not required to use raw pre-injury earnings where employee was hired for 40 hrs, injured shortly after hire, worked substantially fewer hours due to weather, and record showed pre-injury period was unrepresentative; $758/week was permissible |
Key Cases Cited
- Campbell Coal Co. v. Stuby, 159 Md. 280 (discusses average weekly wage as what employee might have earned working full time)
- Crowner v. Balt. United Butchers Ass’n, 226 Md. 606 (average weekly wage based on earnings under the contract of hire)
- Gross v. Sessinghause & Ostergaard, Inc., 331 Md. 37 (regulation’s wage-period rule is nonconclusive after a hearing; Commission may use different period)
- Stevenson v. Hill, 171 Md. 572 (average weekly wage must account for normal working time including variation in operating time)
- Long v. Injured Workers’ Ins. Fund, 448 Md. 253 (average weekly wage issues are essentially questions of law)
- Jung v. Southland Corp., 351 Md. 165 (average weekly wage fixed at time of injury; cannot use post-injury increases)