Summary
In Collier v. Kaufmann Baer Co., 352 Pa. 412, 43 A.2d 9 (1945), our Supreme Court adopted the language of the Superior Court used in interpreting the formula to determine the average weekly wage under the forerunner of the present section of the Act.
Summary of this case from A. Shelley Trkng. v. W.C.A.BOpinion
March 21, 1945.
June 29, 1945.
Before MAXEY, C. J., DREW, LINN, STERN, PATTERSON and JONES, JJ.
Appeal, No. 29, March T., 1945, from judgment of Superior Ct., April T., 1944, No. 7, reversing the order of C. P., Allegheny Co., Jan. T., 1943, No. 298, in case of Louise M. Collier v. Kaufmann Baer Company et al. Judgment affirmed.
Same case in Superior Court: 155 Pa. Super. 301.
Appeal by defendant from decision of Workmen's Compensation Board.
Appeal dismissed and judgment entered for claimant, before McNAUGHER, EGAN and ELLENBOGEN, JJ., opinion by EGAN, J. Defendants appealed to the Superior Court, which reversed the judgment of the court below. Appeal by plaintiff to Supreme Court allowed.
E. B. Wolfe, with him John B. Nicklas, Jr., and McCrady, Nicklas Hirschfield, for appellant.
H. E. McCamey, with him William W. Matson and Dickie, Robinson McCamey, for appellee.
In the opinion of the Superior Court in this Workmen's Compensation case appears the following statement: "It is plain to us that on the record before us, claimant's average weekly wage is to be determined under sub-section (d) [of the Workmen's Compensation Act of June 21, 1939, P. L. 520, Section 1, 77 P.S. 582]. . . . But claimant's complete employment record, at least for the year immediately before the accident, should have been introduced into evidence."
At the argument we directed that a stipulation be filed by the respective parties showing what the appellant's weekly wages were during the entire period of her employment. This has been done. There is nothing in the stipulation which would justify the holding that appellant's employment was on a weekly basis. The Superior Court was warranted in concluding that there was no competent evidence to support the finding that the employee's weekly wage was $20.00.
The judgment of the Superior Court is affirmed on the opinion of Judge KENWORTHEY and the record is remitted to the Workmen's Compensation Board for further proceedings in accordance with that opinion.