Title 34, Chapter 9, Section 260
( 34-9-260)
Except as otherwise provided in this chapter, the average weekly wages of the injured employee at the time of the injury shall be taken as the basis upon which to compute compensation and shall be determined, subject to limitations as to the maximum and minimum amounts provided for in Code Sections 34-9-261 and 34-9-265, as follows: (1) If the injured employee shall have worked in the employment in
which he was working at the time of the injury, whether for the
same or another employer, during substantially the whole of 13
weeks immediately preceding the injury, his average weekly wage
shall be one-thirteenth of the total amount of wages earned in
such employment during the 13 weeks; (2) If the injured employee shall not have worked in such
employment during substantially the whole of 13 weeks immediately
preceding the injury, the wages of a similar employee in the same
employment who has worked substantially the whole of such 13 weeks
shall be used in making the determination under the preceding
paragraph; (3) If either of the foregoing methods cannot reasonably and
fairly be applied, the full-time weekly wage of the injured
employee shall be used; (4) If compensation is due for a fractional part of the week, the
compensation for such fractional part shall be determined by
dividing the weekly compensation rate by the number of days
employed per week to compute the amount due for each day; (5) If the injured employee is a volunteer firefighter included
under this chapter for volunteer fire-fighting services rendered
to a county or municipality of this state or a volunteer law
enforcement officer included under this chapter for volunteer law
enforcement services rendered to a county or municipality of this
state, such firefighter's or volunteer law enforcement officer's
average weekly wage shall be deemed to be the Georgia average
weekly earnings of production workers in manufacturing industries
for the immediately preceding calendar year, as published by the
Georgia Department of Labor; (6) The average weekly wage of a member of the Georgia National
Guard or State Defense Force serving on state active duty pursuant
to an order by the Governor shall be the greater of: (A) Seven-thirtieths of the monthly pay and allowances of the individual at the time of the injury, computed in accordance with Code Section 38-2-250, adjusted from time to time for appropriated increases in such monthly pay and allowances, excluding longevity increases; or (B) If the injured member of the Georgia National Guard or the
State Defense Force worked at the time of the injury in any
employment other than serving as a member of the Georgia
National Guard or the State Defense Force, the average weekly
wage of the individual in such other employment as determined
pursuant to paragraphs (1) through (5) of this Code section or,
if such individual worked at the time of the injury for more
than one employer, the average combined weekly wage of the
individual in such multiple employment as determined pursuant to
paragraphs (1) through (5) of this Code section. |