Okla. Stat. tit. 85A, § 85A-59
This is the official text of Okla. Stat. tit. 85A, § 85A-59, part of Oklahoma’s Stat. tit. 85A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 85A,." Browse the sections below, each linked to its official government source.
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Computation of average weekly wages
Official statutory text
A. 1. Compensation under this act based on the employee's
average weekly wage shall be computed by dividing the employee's
gross earnings by the number of full weeks of employment with the
employer, up to a maximum of fifty-two (52) weeks.
2. If the injured employee was working on a piece basis, the
average weekly wage shall be determined by dividing the earnings of
the employee by the number of hours required to earn the wages
during the period not to exceed fifty-two (52) weeks preceding the
week in which the accident occurred and by multiplying this hourly
wage by the number of hours in a full-time workweek in the
employment.
B. Overtime earnings are to be added to the regular weekly
wages and shall be computed by dividing the overtime earnings by the
Oklahoma Statutes - Title 85A. Workers' Compensation Page 89
number of weeks worked by the employee in the same employment under
the contract of hire in force at the time of the accident, not to
exceed a period of fifty-two (52) weeks preceding the accident.
C. If, because of exceptional circumstances, the average weekly
wage cannot be fairly and justly determined by the above formulas,
the Commission may determine the average weekly wage by a method
that is just and fair to all parties concerned.
D. The benefit level for members of the National Guard and any
authorized voluntary or uncompensated worker rendering services as a
firefighter, peace officer or civil defense worker shall be
determined by using the wages of the employee in his or her regular
occupation.
average weekly wage shall be computed by dividing the employee's
gross earnings by the number of full weeks of employment with the
employer, up to a maximum of fifty-two (52) weeks.
2. If the injured employee was working on a piece basis, the
average weekly wage shall be determined by dividing the earnings of
the employee by the number of hours required to earn the wages
during the period not to exceed fifty-two (52) weeks preceding the
week in which the accident occurred and by multiplying this hourly
wage by the number of hours in a full-time workweek in the
employment.
B. Overtime earnings are to be added to the regular weekly
wages and shall be computed by dividing the overtime earnings by the
Oklahoma Statutes - Title 85A. Workers' Compensation Page 89
number of weeks worked by the employee in the same employment under
the contract of hire in force at the time of the accident, not to
exceed a period of fifty-two (52) weeks preceding the accident.
C. If, because of exceptional circumstances, the average weekly
wage cannot be fairly and justly determined by the above formulas,
the Commission may determine the average weekly wage by a method
that is just and fair to all parties concerned.
D. The benefit level for members of the National Guard and any
authorized voluntary or uncompensated worker rendering services as a
firefighter, peace officer or civil defense worker shall be
determined by using the wages of the employee in his or her regular
occupation.
Status: in_force · Read it on the official government site
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