including retraining or educational programs and the award may be adjusted in accordance with fulfillment of the conditions; (F) The division may decrease an award to qualify an employee eligible for maximum benefits under any other state or federal pension plan; (G) Any award granted under this subsection shall not exceed twelve (12) months unless the division determines an award for a period exceeding twelve (12) months but not greater than four (4) years is appropriate. (ii) In the case of a surviving spouse, upon application to the division and a showing of necessity, the division may award continued monthly payments to the spouse not to exceed onethird (1/3) of the statewide average monthly wage for the twelve (12) month period immediately preceding the quarter in which the injury occurred. An award granted under this paragraph shall not exceed twelve (12) months but may be renewed and shall cease at the time the spouse dies or remarries. (h) All awards to a or individual with a legal disability shall be paid: (i) To the legal guardian or conservator if one exists; or (ii) As the division determines to be in the best interests of the minor or individual if there is no legal guardian or conservator. (j) As used in this section: (i) "Actual monthly earnings" means the injured employee's actual monthly earnings at the time of injury excluding any payment for casual or unscheduled overtime and any fringe benefit; (ii) "Overtime" payments for work in excess of forty (40) hours per week; (iii) "Statewide average monthly wage" the statewide average monthly wage for the twelve (12) month period immediately preceding the quarterly period in which the injury occurred as determined pursuant to W.S. 2714802.
including retraining or educational programs and the award may be adjusted in accordance with fulfillment of the conditions; (F) The division may decrease an award to qualify an employee eligible for maximum benefits under any other state or federal pension plan; (G) Any award granted under this subsection shall not exceed twelve (12) months unless the division determines an award for a period exceeding twelve (12) months but not greater than four (4) years is appropriate. (ii) In the case of a surviving spouse, upon application to the division and a showing of necessity, the division may award continued monthly payments to the spouse not to exceed onethird (1/3) of the statewide average monthly wage for the twelve (12) month period immediately preceding the quarter in which the injury occurred. An award granted under this paragraph shall not exceed twelve (12) months but may be renewed and shall cease at the time the spouse dies or remarries. (h) All awards to a or individual with a legal disability shall be paid: (i) To the legal guardian or conservator if one exists; or (ii) As the division determines to be in the best interests of the minor or individual if there is no legal guardian or conservator. (j) As used in this section: (i) "Actual monthly earnings" means the injured employee's actual monthly earnings at the time of injury excluding any payment for casual or unscheduled overtime and any fringe benefit; (ii) "Overtime" payments for work in excess of forty (40) hours per week; (iii) "Statewide average monthly wage" the statewide average monthly wage for the twelve (12) month period immediately preceding the quarterly period in which the injury occurred as determined pursuant to W.S. 2714802.
title27.docx