The Kurbursky Case- You get a compensation rate increase to full time Co- Worker
Since both the temporary pay you get from workers compensation when off work, and the final benefit rate is based upon your wages, the calculation of your average weekly wage is a major issue in every claim. Our firm has been aggressive in trying to show the wage rate should be increased per the statute in Workers Compensation. That law is RSMO 287.250. Our firm won a major case on this issue in the Kurbursky decision. SD Court of Appeals Citation 648 SW3d 894 (Mo.App.S.D.).
In that decision, the Court ordered that the Commission must take evidence of a full time co- workers wages, if one exists, to determine the disability permanent partial rate of compensation. Prior to this, if you were a part time worker, the defense and the courts would try to negotiate on the basis of the 30 hour rule, meaning you would get a compensation rate based upon 30 hours of your hourly wage. The result of this decision is to cause, in most circumstances, the injured workers recovery to be increased by 25%. The 25% difference is the difference between using a 30 hour compensation rate and a 40 hour compensation rate. If you are a part time worker, it is important that you record the names and phone numbers of your full time coworkers who work full time. You should be prepared to give this to your attorney when you hire one.