Lorri Bosse v. Sargent Corporation

Summary

The Court affirmed the Board’s decision to calculate Bosse’s average weekly wage under paragraph B rather than the fallback method in paragraph D. For an employee who worked more than 26 weeks but fewer than 200 days before the injury, paragraph B generally applies unless exceptional circumstances make it an unfair, inaccurate, or unrealistic measure of future earning capacity. The Court held that the Board properly considered Bosse’s involuntary layoffs, the possibility of future full-time work, and the disparity between her actual wages and the paragraph B calculation.