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wage attachment and workers comp Maryland

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  • wage attachment and workers comp Maryland

    Can't find an answer anywhere
    Does anyone know if there a a wage attachment on your earnings does the wage attachment amount get included in the amount of weekly earnings used by workers comp to figure out your benefits or not.

  • #2
    I do not know Maryland rules. I can say that I have done wage reporting in other states, and in those other states wages reported for worker's comp purposes where not reduced for wage assignments.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      In most cases the w/c company is looking at GROSS wages.

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      • #4
        Or something close to gross wages. In California for example, you back out the overtime premium for WC reporting, and there is also a wage limit for officers only. I have done maybe 20-25 states worth of WC reporting and there is some differences between states for wage reporting. However I have never heard of state that reduces wage reporting for wage assignments.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          The MD statues do not specifically say "gross" wages but in most every circumstance for most every other state it is the average weekly gross wages earned that determines the TTD amount as well as other forms of payment such as TPD etc. Ca is one of the only states that backs out OT or any other form of wages. Most states and Maryland is included also allows for

          (2) For purposes of a computation under paragraph (1) of this subsection, wages shall include:
          (i) tips; and
          (ii) the reasonable value of housing, lodging, meals, rent, and other similar advantages that the covered employee received from the employer.

          It certainly would make sense that the wage assignment be removed for purposes of calculating AWW as gross. Also if more than one job is worked at the time of the injury MD allows for those wages as well. Go here for a complete description of MD AWW calculations.

          http://michie.lexisnexis.com/marylan...main-h.htm&cp=
          Last edited by Kick Me; 09-24-2007, 09:26 PM.
          Information posted by me is my "OPINION". I do NOT give legal advice to anyone as like most here I am NOT an attorney.

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          • #6
            I have, as has DAW, been responsible for completing MANY a statement of wages for Work Comp determinations. NEVER has the instruction stated to take into consideration ANY deductions; it's wages only (and not necessarily even all of those).

            Depending on the type of "wage attachment", TTD payments can be exempt from "garnishment" (in the strict sense of the word).
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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