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ROWELL v. SECURITY STEEL CO.

Docket Nos. 94644, 95000, (Calendar Nos. 1-2).

445 Mich. 347 (1994)

518 N.W.2d 409

ROWELL v. SECURITY STEEL PROCESSING COMPANY RIGGS v. MOSSER CONSTRUCTION, INCORPORATED

Supreme Court of Michigan.

Decided June 14, 1994.

Attorney(s) appearing for the Case

Zamler, Mellen & Shiffman, P.C. (by Joel Jonas and Daryl Royal), for the plaintiffs in Rowell.

Richard L. Warsh (Daryl Royal, of counsel), for the plaintiff in Riggs.

Conklin, Benham, Ducey, Listman & Chuhran, P.C. (by David J. Berge and Martin Critchell), for the defendants in Rowell.

Schellhase, Auld & Johnston (by Robert F. Auld and Michael J. Mason) for the defendants in Riggs.

BRICKLEY, J.

The issue presented in this worker's compensation case is a consideration of the proper treatment under MCL 418.371(3); MSA 17.237(371)(3) of partially worked weeks, specifically the week of hiring and the week of injury, in the computation of an employee's average weekly wage where the employee has worked less than thirty-nine weeks.

We hold that in calculating the average weekly wage, the percentage or fraction of work performed in a partially...

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