Ringgold School District v. Workmen's Compensation Appeal Board
Ringgold School District v. Workmen's Compensation Appeal Board
Dissenting Opinion
Dissenting Opinion by
I agree with the major premise of the majority opinion that the claimants compensation should be based on the salary he was earning at the time of the initial injury, as we are here presented with a recurrence of that injury rather than a new injury or an aggravation of a prior injury. Unfortunately for the employer, the argument it advances to this effect has been waived, as this argument is presented to this Court without having been advanced before the Board. Hence this dissent.
When the employer appealed the referees award which computed compensation on claimants 1982 earning levels, the employer alleged only that the referees factual findings were not supported by substantial evidence. No allegation of error was made concerning reliance on an improper average weekly wage standard. Under these circumstances, I believe that the employer is precluded from now raising this question for the first time in this Court. See Dilliplaine v. Lehigh Valley Trust Co., 457 Pa. 255, 322 A.2d 114 (1974). Accordingly, I would affirm the order of the Board.
Opinion of the Court
Opinion by
Ringgold School District, petitioner, appeals here from the order of the Workmens Compensation Appeal Board (Board) modifying the referee’s award to reflect a compensation rate of $150.00 per week rather than $225.00, Claimant Michael Belak’s actual weekly wage at the time of the recurrence of his work-related disability.. Petitioner asserts as the sole basis for its appeal that disability benefits should be based upon Claimant’s weekly wage on the date of the original injury rather than his wages at the time of the recurrence of the disability. In the original agreement for compensation the wage is $155.77, with weekly benefits at $106.50.
Claimant was initially injured in the course of his employment as a maintenance helper with Ringgold School District on May 3, 1978 when he slipped and fell on his employer’s property while cutting grass with a
Order
Now, this 20th day of March, 1986,. the decision of the Workmens Compensation Appeal Board in the above matter is vacated and the case is remanded to the Workmens Compensation Appeal Board for computation of benefits in accordance with the preceding opinion. Jurisdiction relinquished.
Section 306(a) of the Act, 77 P.S. §511.
Reference
- Full Case Name
- Ringgold School District, Petitioner v. Workmen's Compensation Appeal Board (Belak), Respondents
- Cited By
- 6 cases
- Status
- Published