May 7, 1997

Mr. Thomas E. Long
Superintendent
Pocahontas County Schools
926 Fifth Avenue
Marlinton, West Virginia 24954

Dear Mr. Long:

This is in response to your request for an interpretation regarding the payment of Workers? Compensation benefits. Specifically, you ask if the county should adjust the salary of an employee who is receiving benefits from Workers? Compensation for a seven day work week when the employee worked a five day work week prior to filing the Workers? Compensation claim.

The answer to your question is yes. The employee should not receive benefits for weekends if those days were not part of the regularly scheduled work week or a holiday. Please refer to the enclosed interpretation from our office dated April 12, 1990, for further guidance on the payment of Workers? Compensation benefits.

Hoping that I have been of service, I am

Sincerely,

/s/

Henry Marockie
State Superintendent of Schools