If an
injured worker has not earned any wages at all during the weeks preceding a
period of total disability, then unless the failure to earn wages was the
result of an injury-related consequence rather than a personal choice, in most
cases no benefits will be due. Duffy v.
Sisler Builders, Op. No. 20-13WC (August 28, 2013), (citing See, e.g.,
Bacon v. Gerald E. Morrissey, Inc., Opinion No. 32-11WC (October 12, 2011);
Giacobbe v. Verizon, Opinion No. 72-05WC (December 30, 2005); Knoff
v. Joe Knoff Illuminating, Opinion No. 39-05WC (July 12, 2005); see
also, Plante v. State of Vermont Agency of Transportation, Opinion No.
19-13WC (August 22, 2013) (applying same analysis to compensation rate
computation for successive period of disability); Griggs v. New Generation
Communications, Opinion No. 30-10WC (October 1, 2010) (same)). There are exceptions as noted in Machia v. Comet Confectionary, Op. No, 32-07WC (December 4, 2007).
The Duffy decision can be found at the Department of Labor Website:
