Zerby v. Workers' Compensation Appeal Board

DISSENTING OPINION BY

Judge FRIEDMAN.

I respectfully dissent. David Zerby (Claimant) argues that the Workers’ Compensation Appeal Board (WCAB) erred in calculating his average weekly wage (AWW) pursuant to section 309(d) of the Workers’ Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 582(d). Claimant maintains that the WCAB should have calculated his AWW pursuant to section 309(d.1) of the Act, 77 P.S. § 582(d.1), The majority agrees with the WCAB, but I agree with Claimant.

I. Statutory Provisions

Sections 309(d) and 309(d.1) of the Act, 77 P.S. §§ 782(d) & 782(d.1),…