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Jones v. Workers' Compensation Appeal Board

Where school teacher elected to receive biweekly salary, average weekly wage was properly computed by dividing annual pay by 52 weeks rather than nine months.

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Submitted: September 21, 2001

Janice Jones (Claimant) petitions for review of the May 15, 2001 order of the Workers’ Compensation Appeal Board (Board) that affirmed the decision of the Workers’ Compensation Judge (WCJ) granting in part Claimant’s review petition and determining that a calculation of Claimant’s average weekly wage (AWW) under Section 309(c) of the Workers’ Compensation Act, rather than Section 309(e), *fn1 was proper. *fn2 The issue specifically before us is whether the Board erred in relying upon Stofa v. Workers’ Compensation Appeal Board (Florence Mining Co.), 702 A.2d 381 (Pa. Cmwlth. 1997) for the proposition that the AWW of a school teacher who elected to receive her salary biweekly had to be calculated pursuant to Section 309(c) of the Act. *fn3 We affirm.

On November 9, 1995, Claimant sustained a work-related injury to her low back, right leg and foot during the course and scope of her employment as a schoolteacher with Northern Tioga School District (Employer). Pursuant to a Notice of Compensation Payable (NCP), Claimant received benefits in the weekly amount of $429.40 based on an AWW of $644.07. *fn4

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