You will find information on the Maryland workers compensation average weekly wage in the COMAR regulations. It is interesting to note that the employer has a responsibility to provide documentation to the employee or his/her attorney if they are disputing the workers compensation commission's determination of the average weekly wage. The employer will have 60 days from the date of the initial order to provide an accounting of the average weekly wage. If the employer fails to act within that 60 day period of time they will have waived their dispute. Below is the COMAR section on point.
.07 Average Weekly Wage.
A. Preliminary Determination. For the purpose of making an initial award of compensation before a hearing in the matter, the Commission shall determine the claimant's average weekly wage from gross wages, including overtime, based on the information filed with the Commission. That information shall include:
(1) The average wage earned by the claimant during the 14 weeks before the accident, excluding the time between the end of the last pay period and the date of injury, provided that periods of involuntary layoff or involuntary authorized absences are not included in the 14 weeks;
(2) Those weeks the claimant actually worked during the 14 weeks before the accident;
(3) Vacation wages paid; and
(4) Those items set forth in Labor and Employment Article, §9-602(a)(2), Annotated Code of Maryland.
B. Subsequent Determination.
(1) Amount Disputed. If the employer, employer's insurer, or the Uninsured Employers' Fund asserts that the average weekly wage determined by the Commission under §A of this regulation exceeds the actual average weekly wage of the claimant, that party, before paying benefits at the lower rate, shall file with the Commission, with a copy to the claimant, or the claimant's attorney if the claimant is represented, a statement containing the basis of the assertion that the actual average weekly wage is less than the amount determined by the Commission. The statement shall be filed within 60 days after the date of the initial award.
(2) Waiver. The failure to file the statement in compliance with §B(1) of this regulation constitutes a waiver of the right to dispute the average wage as originally determined.
