that issue w/ work comp benefits doesn't sound correct. Most states take an average weekly wage and pay a percentage of the average weekly wage, up to a maximum allowed.
Here for example we take the four pay periods prior to the date of injury, add the wages divide by the total number of weeks coverend in the pay period (typically 8) which gives an average weekly wage. We then pay 66 2/3% of the average weekly wage. We can't alter that, we can't decide to pay less or more---all of those number are mandated by state law.
While you may have an attorney, I would seriously consider consulting your state agency that oversee's work comp.

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Mental that one, I'm telling you. ---Ron Weasley, "Harry Potter and the Chamber of Secrets"