Normally, an employee's average weekly wage is based on a calculation that includes an average of
overtime earnings during the 52 week period prior to the date of injury. In this case, the employee was
disabled during part of that 52 week period due to a prior work related injury. The Court ruled that the
weeks of disability during the prior 52 weeks should not be included in calculating the average weekly
wage, thus allowing the employee to receive a higher weekly workers' compensation benefit.