What is the relationship between average weekly wage and suitable gainful employment?
Suitable gainful employment is employment after the injury that returns the injured worker as close as possible, and as soon as practicable, to his or her average weekly wage at the time of the work accident. The facts of the case will determine how close the suitable gainful employment earnings will be to the average weekly wage. The suitable gainful employment earnings may be much lower than the average weekly wage, if that is all that is possible. On the other hand, the suitable gainful employment earnings may be greater than the average weekly wage if that is the way to get the closest to the average weekly wage, as soon as practicable. 8. What is the “80 percent rule?” There is no “80 per cent rule” that states training is not due unless there is at least a 20 percent decrease in earning power. The statute does contain a provision about entitlement to rehabilitation temporary total disability benefits if the injured worker does not have a loss in earning power of 80% of the injure
