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RUBICK v. SECURITY INSTRUMENT CORP.

No. 44, 2000.

766 A.2d 15 (2000)

Gary B. RUBICK, Claimant Below, Appellant, v. SECURITY INSTRUMENT CORP., Employer Below, Appellee.

Supreme Court of Delaware.

Decided: November 29, 2000.

Attorney(s) appearing for the Case

Joseph J. Rhoades, Esquire, and W. Christopher Componovo, Esquire (argued), of Law Offices of Joseph J. Rhoades, Wilmington, for Appellant.

Danielle K. Yearick, Esquire, of Tybout, Redfearn & Pell, Wilmington, for Appellee.

Before VEASEY, Chief Justice, WALSH and BERGER, Justices.

BERGER, Justice:

This appeal is about the calculation of wages under the Workers' Compensation Act. The sole issue is whether an injured worker must be compensated at the hourly rate he was receiving at the time of the accident, or whether the compensation may be based on the average hourly rate the worker was receiving for the six months before the accident. In this case, because the employee's hourly rate at the time of...

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