Vermont § 650 - Payment; average wage; computation

§ 650. Payment; average wage; computation

• (a)(1) Average weekly wages shall be computed in such manner as is best calculated to give
  the average weekly earnings of the worker during the 26 weeks preceding an injury. (2) If, because of the shortness of the time during which the worker has been in the employment,
  or the casual nature of the employment, or the terms of the employment, it is impracticable
  to compute the rate of remuneration, average weekly wages of the injured worker may
  be based on the average weekly earnings during the 26 weeks previous to the injury
  earned by a person in the same grade employed at the same or similar work by the employer
  of the injured worker, or if there is no comparable employee, by a person in the same
  grade employed in the same class of employment and in the same district. (3) If during the period of 26 weeks an injured employee has been absent from employment
  on account of sickness or suspension of work by the employer, then only the time during
  which the employee was able to work shall be used to determine the employee’s average
  weekly wage. (4) If the injured employee is employed in the concurrent service of more than one insured
  employer or self-insurer, the total earnings from the several insured employers and
  self-insurers shall be combined in determining the employee’s average weekly wages,
  but insurance liability shall be exclusively upon the employer in whose employ the
  injury occurred. (5) The average weekly wage of a volunteer firefighter, volunteer rescue or ambulance
  worker, volunteer reserve police officer, or volunteer as set forth in 3 V.S.A. § 1101(b)(4) who is injured in the discharge of duties as a firefighter, rescue or ambulance worker,
  police officer, or State agency volunteer shall be the employee’s average weekly wage
  in the employee’s regular employment or vocation, but the provisions of section 642 of this title relative to maximum weekly compensation and weekly net income rates shall apply. (6) For the purpose of calculating permanent total or permanent partial disability compensation,
  the provisions relating to the maximum and minimum weekly compensation rate shall
  apply. (7) If a worker at the time of the injury is regularly employed at a higher wage rate
  or in a higher grade of work than formerly during the 26 weeks preceding the injury
  and with larger regular wages, only the larger wages shall be taken into consideration
  in computing the worker’s average weekly wages.