66 2/3 % means 66 2/3 %
Stop what you're doing. We have all been simply multiplying a claimant's average weekly wage (AWW) by .6667 or apparently per this opinion, .66667 to determine a claimant's compensation rate (CR) and we are all wrong .
The First DCA has indicated that the simplified method outlined above that has been employed for over three decades to calculate a claimant's appropriate CR by those practicing in this arena is inaccurate.
For those of you who haven't seen the opinion yet, it can be read in it's entirety at: http://opinions.1dca.org/written/opinions2013/04-03-2013/12-4813.pdf.
Briefly, the facts of the case are as follows. The Employer/Carrier (E/C) calculated the claimant's CR by multiplying his AWW by .66667, resulting in a CR of $529.48. The Judge of Compensation Claims (JCC) determined that the appropriate CR was $529.50 - reached by multiplying the claimant's CR by .6667. An award of correction of the underpayment of benefits based on the .02 difference in the CR was awarded. The E/C appealed the JCC's determination of the claimant's CR.
Although unimportant for purposes of this blog, the First DCA reversed the award after determining that the E/C had paid at a CR higher than that which is required by strict application of the statute per the below methods ($529.47 per week).
Instead of the foregoing, the First DCA has indicated that there are only two truly correct methods to calculate a claimant's CR.
- AWW x 66% (.66) = a
AWW x 1% (.01) = b
b x 2/3 = c
a + c = d
round d to cents
- AWW x 2 = a
a/3 = b
round b to cents
As you can see, the second method is slightly less complicated and is probably the preferred method that will be utilized by most of us in the industry.