23-1042. Basis for computing average monthly
wage of minor permanently incapacitated
If it is established by competent evidence that an injured employee is under
eighteen years of age and his incapacity is permanent, his average monthly earning
capacity shall be deemed, within the limits fixed by sections 23-1041 and 23-1046, to be
the monthly amount which under ordinary circumstances he would probably be able to earn
at the age of eighteen years in the occupation in which he was employed at the time of
injury, or in any occupation to which he would reasonably have been promoted if he had
not been injured. If the probable earnings at the age of eighteen years cannot be
reasonably determined, his average earnings shall be based upon four dollars per day for
a six-day week.
|