Same as teacher: whether there is an intent to work during the period of layoff or whether they are willing to accept the layoff and not get paid, and rely on unemployment at this time.
Also, it may affect the rate that they are paid because the question would be whether the lack of wages will be factored in their rate of pay or not and I really do not have any good case law on that yet but before it is time for this blog to go to print, I will find you some better information.
Robert was injured a few years ago while working as an asphalt paver. In that industry, workers actually labor for most of the year but routinely are idle during the months when Ohio weather prevents asphalt paving.
Some workers draw unemployment compensation during the off months; others seek separate employment. Robert drew unemployment compensation when he was not working in asphalt paving. The SHO found that Robert chooses to work in an industry in which he only works part of the year and that unemployment comp is neither earnings nor wages for the purposes of computing AWW.
The son of a Youngstown steelworker who worked himself in steel mills as a young man, Joseph A. Moro is acutely aware of the challenges that working people face and the dire impacts that injuries and impairments can have on them and their families. After he earned his undergraduate degree from Youngstown State University and his law degree from the University of Cincinnati College of Law, Joseph has largely dedicated his practice to handling workers’ compensation and personal injury cases. He is a fluent Spanish speaker who is certified as a Workers’ Compensation Specialist by the Ohio State Bar Association (OSBA) as well as a certified Veterans Affairs Representative. He currently serves as the OAJ Regional Representative for Youngstown-Warren and on the OSBA Workers’ Compensation Specialty Board.