AVERAGE WEEKLY WAGE CALCULATIONS - G.A. WEST & CO. V. MCGHEE
In G.A. West & Co. v. McGhee, [Ms. 2070961, Jan. 29, 2010] __ So. 3d. __ (Ala. Civ. App. 2010), where the plaintiff, McGhee, sought compensation under the Alabama Workmen's Compensation Act, a dispute arose as to how to calculate McGhee's average weekly earnings in light of his only having worked for 2 days before his injury. The trial court used a combination of the wages paid to McGhee during his 2 days of work and "the wages he would have earned but for the injury" based on a co-employee's testimony. The Alabama Court of Civil Appeals reversed the trial court and held that the third method set out in ¤ 25-5-57(b), which looks to the earnings of similarly situated workers during the previous 52 weeks, was the appropriate method.