Shirley Taylor, Claimant Below, Appellant v. Diamond State Port Corp., Employer-Below, Appellee

Summary

The court held that an injured employee's average weekly wage under 19 Del. C. § 2302(b)(1) is calculated using the weeks in which the employee actually performed work, rather than all weeks in which the employee remained employed. Because Taylor worked during only 16 of the 26 weeks preceding her injury, her wage rate had to be based on her total wages divided by 16. The court reversed the Superior Court and remanded for entry of judgment consistent with that interpretation.