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Environmental Options Group v. Workers' Compensation Appeal Board

Injured worker's testimony was substantial evidence of expected weekly hours for purposes of computing weekly wage and temporary total disability payments.

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Submitted: October 19, 2001

Environmental Options Group (Employer) petitions for review of an order of the Workers’ Compensation Appeal Board (Board), affirming as modified an order of the Workers’ Compensation Judge (WCJ), which granted the claim petition and petition for review of utilization review determination filed on behalf of Edward Brown (Claimant) and denied and dismissed Employer’s modification/suspension/termination petition. *fn1 We now affirm.

Employer performs abatement work of asbestos, lead and other hazardous wastes. In April of 1997, Employer was looking for a supervisor to oversee the removal of roof asbestos, floor tile and mastic from a post office in Bellmaur, New Jersey. Claimant had the appropriate New Jersey licenses for asbestos, lead and hazardous materials abatement. On April 22, 1997, Employer hired Claimant as a supervisor of this New Jersey job. Claimant would also be required to perform other work at Employer’s request.

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