Workers' compensation appeals board erred in modifying claimant's AWW and using §309(d) to calculate the AWW because the testimony showed that at the time of claimant's injury, his wages were fixed by the week at $2,000 and his AWW had to be calculated on how he earned his wages at the time of his injury. Reversed.
April 04, 2017 at 12:00 AM
1 minute read
Workers’ Compensation • AWW Calculation • “Fixed by the Week”
Lidey v. Workers’ Comp. Appeal Bd., PICS Case No. 17-0461 (Pa. Commw. March 17, 2017) Brobson, J. (9 pages).
Workers’ compensation appeals board erred in modifying claimant’s AWW and using §309(d) to calculate the AWW because the testimony showed that at the time of claimant’s injury, his wages were fixed by the week at $2,000 and his AWW had to be calculated on how he earned his wages at the time of his injury. Reversed.
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