Case Law Update

Avalanche Industries decision sides with workers on average weekly wage
Posted by: Cliff Eley
January 30, 2009

The Colorado Supreme Court’s decision in Avalanche Industries vs. Clark gives an administrative law judge great discretion in determining a worker’s average weekly wage.  The ALJ is no longer tied to the wage earned on the date of the injury.  Increases in wages after the injury can be considered even if the worker has gone to another employer.  Also, the court indicates that a worsening of condition can be considered a new injury. 

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