JCC Awards Higher AWW, Impairment, and TPD After Finger Amputation

In Blaise v. Quality Enterprises USA Inc./Bridgefield Casualty Insurance Company, OJCC Case No. 26-002503JAW, Judge Jack A. Weiss addressed average weekly wage, impairment benefits, and temporary partial disability after a December 2024 pipe-layer accident caused a partial right index-finger amputation.

The Judge rejected the employer/carrier's attempt to limit AWW to the $920 contract rate based on a 40-hour week. Because the claimant's pre-injury and post-injury payroll showed regular overtime, the order used the claimant's actual five weeks of earnings and set AWW at $1,172.43.

The order also awarded impairment benefits at the corrected AWW, with applicable penalties and interest. On the TPD claim, the Judge found the claimant remained under light-duty restrictions from January 10, 2026 through February 11, 2026, and that the employer/carrier did not prove the wage loss was unrelated to the work injury or barred by medical non-compliance.

The result was a grant of the AWW increase, impairment benefits at the higher rate, and TPD benefits for the pre-MMI period, with jurisdiction reserved on fees and costs.

Source: Compensation Order