Merkel v. Workers' Compensation Appeal Board

OPINION BY

Judge FRIEDMAN.

Jeffrey Merkel (Claimant) 1 petitions for review of the July 31, 2006, order of the Workers’ Compensation Appeal Board (WCAB), which affirmed the decision of a workers’ compensation judge (WCJ) to deny and dismiss Claimant’s review petition. We affirm.

Claimant filed a review petition, alleging that Hofmann Industries, Inc. (Employer) incorrectly calculated Claimant’s average weekly wage (AWW) in connection with Claimant’s March 13, 1998, work injury. In response, Employer filed a motion to dismiss, asserting that, in 1999, Claimant filed a review petition raising the…