PJC General Negligence 2024

PJC 22.2

W ORKERS ’ C OMPENSATION —A VERAGE W EEKLY W AGE

PJC 22.2 Wages—Definition for Average Weekly Wage “Wages” means gross wages and includes all forms of remuneration payable for a given period to an employee for personal services. The term includes the market value of board, lodging, laundry, fuel, and any other advantage that can be estimated in money that the employee receives from the employer as part of the employee’s remuneration. The term does not include payments made by an employer to reimburse the employee for the use of the employee’s equipment, for paying helpers, for reimbursing actual expenses related to employment such as travel-related expenses (e.g., meals, lodging, transportation, parking, tolls, and porters), or for reimbursing mileage up to the state rate for mileage. The term also does not include any nonpecuniary wages continued by the employer after the compensable injury. However, if the employer discontinues providing nonpecuniary wages, the discontinued nonpecuniary wages shall be included in the average weekly wage. COMMENT When to use. PJC 22.2 should be used with PJC 22.1 when a party appeals a decision of the Division of Workers’ Compensation of the Texas Department of Insur ance (DWC) regarding the average weekly wage. Any specified item not raised by the evidence should be omitted. When appropriate, the words “wage or salary” may be substituted for “wages.” Source of definition. PJC 22.2 is based on Tex. Lab. Code §401.011(43) and 28 Tex. Admin. Code § 128.1(c). Note that the amounts estimated as reimbursement for the use of an employee’s equipment should not be included in calculating the employee’s average weekly wage. 28 Tex. Admin. Code § 128.1(c)(1); Texas Mutual Insurance Co. v. Cruz , 307 S.W.3d 925, 931 (Tex. App.—Eastland 2010, pet. denied).

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