When such an employment circumstance exists, the formula outlined in Workers’ Compensation Law § 14(1), which is based on the approximate number of days worked by a five or six-day employee during an entire year, cannot ‘reasonably and fairly be applied’ to <a href="https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/11/a-blind-leap-across-an-inscrutable-chasm-arbitrary-and-capricious-loss-of-wage-earning-capacity-lwec-determinations/">determine the claimant’s earnings</a>