Virgilio v. Workers' Compensation Appeal Board

SMITH, Judge.

Phillip Virgilio petitions for review of an order of the Workers’ Compensation Appeal Board (Board) that reversed a decision of the Workers’ Compensation Judge (WCJ) for including an employer-paid arbitration award in the calculation of Virgi-lio’s average weekly wage under Section 309(d) of the Workers’ Compensation Act.1 *1208The sole issue before the Court is whether the Board erred by excluding the award from the average weekly wage calculation.

On September 3, 1997, Virgilio injured his right foot and ankle in the course of his employment as a warehouseman for Su-pervalu, Inc.…