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A person who is the owner of twenty percent or more of the outstanding voting stock of any corporation, partnership, unincorporated association, or other entity is presumed to have control of such entity, in the absence of proof by a preponderance of the evidence to the contrary.
The law also excludes certain types of pay at higher rates, such as overtime. For a worker that is paid hourly, the average weekly wage is calculated by taking the previous 13 full weeks of pay before the injury occurred and averaging it out on a per week basis.
Examples. If you generally worked five days per week, your AWW will be set by dividing your total salary by the total number of days paid, then multiplying the result by 260, and dividing that total by 52.
Temporary total disability (TTD), healing period (HP), permanent partial disability (PPD) or permanent total disability (PTD) benefits are paid at a weekly workers' compensation rate considering your marital status and number of exemptions. Generally, the rate is 80% of your spendable earnings before any deductions.