Ohio

employment in the same or neighboring locality, shall reasonably represent the annual earning capacity of the injured employé in the employment in which he was working at the time of the accident;

"4. The average weekly wages of an employé shall be one-fifty-second part of his average annual earnings;

"5. If it be established that the injured employé was a minor when injured, and that under normal conditions his wages would be expected to increase, the fact may be considered in arriving at his average weekly wages."

OHIO 1

" 1465-84; § 37, Act of 1913. The average weekly wage of the injured person at the time of the injury shall be taken as the basis upon which to compute the benefits.

"S 1465-85; § 38, Act of 1913. If it is established that

An employé having been regularly employed by the same employer for a period longer than one year the average weekly wage is determined by dividing the aggregate amount of his earnings preceding his death by 52. Re Anna King, Claim No. 1645, Ohio St. Lia. Bd. Awd., Jan. 29, 1913. In the last-mentioned case it appeared that during the last year the workman's earnings had fluctuated from $4 to $12 a week, and that during the entire year he had earned $507. The Board held that the sum of $507 should be divided by 52, which made an average weekly wage of $9.75, on the basis of which compensation was awarded.

An employé received an injury the day after he began work from which he died. Prior to this time he had not been employed at all for a considerable portion of time. The contract of employment was at the rate of $9.44 a week, which was the usual wages paid in the locality for the kind of work in which he was engaged. It was held that where the period of employment has been so short as to furnish no basis for determining the average weekly wage that the rate of wages received by the workman at the time of receiving the injury, and the wages usually paid in the vicinity, for the same class of work, must be taken into consideration in deternining the average weekly wage. The Board therefore held that compensation should be paid on the basis of $9.44 as the average weekly wage of the deceased employé. Re Frances R. Williams, Claim No. 296, Ohio St. Lia. Bd. Awd., Nov. 15, 1912.

Where an employé has been continuously employed for a considerable

Rhode Island

the injured employé was of such age and experience when injured as that under natural conditions his wages would be expected to increase, the fact may be considered in arriving at his average weekly wage.'

OREGON

The Oregon Act contains no provision on this subject, as specific amounts are allowed as compensation irrespective of the wages earned by the employé.

RHODE ISLAND

"§ 13. The 'average weekly wages, earnings, or salary' of an injured employé shall be computed as follows:

"(a) If the injured employé has worked in the same employment in which he was working at the time of the accident, whether for the same employer or not, during sub

period of time, his average weekly wage is determined by dividing the aggregate amount of his earnings by the number of weeks he was employed. Re Elida A. Baird, Claim No. 504, Ohio St. Lia. Bd. Awd., Nov. 11, 1912. In the last-mentioned case the deceased workman was employed at the weekly wage of $13.50. As a matter of fact he earned more, for while he occasionally lost time he more than made it up by working overtime, for which he was paid in addition to the $13.50. It appeared that during the 39 weeks preceding the injury he had earned $586.51, which made an average of $15.04 per week. The original claim was based on the average weekly wage of $13.50, and the Board ruled that "the claimants having made their claim for compensation based upon an average weekly wage of $13.50, an award will be made on that basis, and the claim will be continued indefinitely, so that should additional information be furnished showing the wages earned by the deceased for one full year preceding his death, and it should appear that his actual earning capacity exceeded that amount, the finding now made may be modified accordingly." A pension from the United States Government on account of services rendered in the Army or Navy, or on account of disability incurred in the Military or Naval service, will not be considered in determining the average weekly wage, or in determining the amount of compensation. Re Harriet H. Horn, Claim No. 1013, Ohio St. Lia. Bd. Awd., Dec. 23, 1912.

Rhode Island

stantially the whole of the year immediately preceding his injury, his 'average weekly wages' shall be three hundred times the average daily wages, earnings, or salary, which he has earned in such employment during the days when so employed and working the number of hours constituting a full working day in such employment, divided by fiftytwo. But where the employé is employed concurrently by two or more employers, for one of whom he works at one time and for another of whom he works at another time, his 'average weekly wages' shall be computed as if the wages, earnings, or salary received by him from all such employers were wages, earnings, or salary earned in the employment of the employer for whom he was working at the time of the accident.

"(b) If the injured employé has not so worked in such employment during substantially the whole of such immediately preceding year, his 'average weekly wages' shall be three hundred times the average daily wages, earnings, or salary which an employé of the same class working substantially the whole of such immediately preceding year in the same or a similar employment, in the same or a neighboring place, has earned in such employment during the days when so employed and working the number of hours constituting a full working day in such employment divided by fifty-two.

"(c) In cases where the foregoing methods of arriving at the 'average weekly wages, earnings, or salary' of the injured employé cannot reasonably and fairly be applied, such 'average weekly wages, earnings, or salary' shall be taken at such sum as, having regard to the previous wages, earnings or salary of the injured employé, and of other employés of the same or most similar class, working in the same or most similar employment in the same or a neighboring locality, shall reasonably represent the weekly earning capacity of the injured employé at the time of the accident in the employment in which he was working at such time.

"(d) Where the employer has been accustomed to pay to the employé a sum to cover any special expense incurred by said employé by the nature of his employment, the sum

West Virginia

so paid shall not be reckoned as part of the employé's wages, earnings or salary.

"(e) The fact that an employé has suffered a previous injury, or received compensation therefor, shall not preclude compensation for a later injury or for death; but in determining the compensation for the later injury or death, his 'average weekly wages' shall be such sum as will reasonably represent his weekly earning capacity at the time of the later injury, in the employment in which he was working at such time, and shall be arrived at according to, and subject to the limitations of, the previous provisions of this section."

TEXAS

"Part IV, § 1. * * * 'Average Weekly Wages' shall mean the earnings of the injured employé during the period of twelve calendar months immediately preceding the date of injury, divided by fifty-two; but if the injured employé lost more than two weeks during such period, then the earnings for the remainder of the twelve calendar months shall be divided by the number of weeks remaining after time lost has been deducted. When, by reason of the shortness of the time of the employment of the employé, it is impracticable to compute the average weekly wages as above defined, it shall be computed by the Industrial Accident Board in any manner which may seem just and fair to both parties."

WASHINGTON

There is nothing relating to this subject in the Washington Act, as the payments are of specific amounts irrespective of the wages of the employé.

WEST VIRGINIA

"§ 37. The average weekly wage or earnings of the injured person at the time of injury shall be taken as the basis upon which to compute the benefits. The time of injury

Wisconsin

within the meaning of this act shall be such reasonable time prior to the injury as shall enable the commission to make a fair award, taking into consideration both the rate of wage or earning of such person prior to his entering the service in which he was injured may be taken into consideration."

WISCONSIN

"§ 2394-10. 1. The average weekly earnings referred to in section 2394-9 shall be one fifty-second of the average annual earnings of the employé.

The average annual earnings for employés operating, running, riding upon, or switching passenger, freight or other trains, engines or cars for a railroad company operating a steam railroad as a common carrier, shall be taken at not less than $500 nor more than $1250 per annum; and for all other employés such average annual earnings shall be taken at not less than $375 nor more than $750. Between said limits such average annual earnings shall be determined as follows:

"(a) If the injured employé has worked in the employ ment in which he was working at the time of the accident, whether for the same employer or not, during substantially the whole of the year immediately preceding his injury, his average annual earnings shall consist of three hundred times the average daily wage or salary which he has earned in such employment during the days when so employed.

"(b) If the injured employé has not so worked in such employment during substantially the whole of such immediately preceding year, his average annual earnings shall consist of three hundred times the average daily wage or salary which an employé of the same class working substan tially the whole of such immediately preceding year in the same or a similar employment in the same or a neighboring place shall have earned in such employment during the days when so employed.

"(c) In cases where the foregoing methods of arriving at the average annual earnings of the injured employé cannot