Evans v. Hendrick Automotive Group

Accordingly, paragraph 36 of the Findings of Fact of the original September 30, 2009 Opinion and Award is MODIFIED AND AMENDED to read as follows: *Page 2

1. In 2008, Employee-Plaintiff earned $74,955.23, which yields an average weekly wage of $1,441.45. When subtracted from her pre-injury average weekly wage of $2,400.54, this yields a wage loss difference of $959.09. Employee-Plaintiff is entitled to $639.43 per week in temporary partial disability benefits in 2008. In 2009, Employee-Plaintiff's earnings in 2009 were $38,625.00. This yields an average weekly wage in 2009 of $742.79. When subtracted from her pre-injury average weekly wage of $2,400.54, her total wage loss in 2009 was $1,657.75. Her wage loss discrepancy in 2009 was $1,105.22. Employee-Plaintiff is entitled to the maximum compensation rate for 2009, which was $816.00. In 2010, Employee-Plaintiff earned $92,135.98 in 2010. This produces an average weekly wage of $1,771.85. When subtracted from her pre-injury average weekly wage of $2,400.54, it yields a wage loss difference of $628.69. Employee-Plaintiff is entitled to $419.15 in temporary partial disability benefits in 2010. During the first quarter of 2011, Employee-Plaintiff earned $18,750.00. This yields an average weekly wage of $1,458.34 and produces a wage loss difference of $942.20. Employee-Plaintiff is entitled to $628.17 per week in temporary partial disability benefits from January 1, 2011 through January 18, 2011.

Paragraph of the 7 of the Award is added and MODIFIED AND AMENDED to read as follows:

7. The Defendants shall pay the Employee-Plaintiff's wage loss benefits in the following amounts:

• From January 1, 2008 through December 31, 2008 in the amount of $639.43 per week . .

• From January 1, 2009 through December 31, 2009 in the amount of $816.00 per week.

• From January 1, 2010 through December 31, 2010 in the amount of $419.15 per week.

• From January 1, 1011 through January 18, 2011 in the amount of $628.17 per week.

This the ___ day of September, 2011. *Page 3

S/_____________________ CHRISTOPHER SCOTT COMMISSIONER

CONCURRING:

S/_____________________ DANNY LEE McDONALD COMMISSIONER

S/_____________________ STACI MEYER COMMISSIONER