Rakie v. Jefferson & Clearfield Coal & Iron Co.
Supreme Court of Pennsylvania
Appeal, No. 64, Oct. T., 1918, by plaintiff, from order of O. P. Indiana Co., No. 170, June T., 1917, reducing the award of compensation made by Workmen’s Compensation Board in case of Mrs. Felix Rakie v. Jefferson & Clearfield Coal & Iron Co. Appeal from award of Compensation Board. Before Langham, P. J. The facts are stated in the opinion of the Supreme Court. The court sustained the appeal. Plaintiff appealed.
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Appeal, No. 64, Oct. T., 1918, by plaintiff, from order of O. P. Indiana Co., No. 170, June T., 1917, reducing the award of compensation made by Workmen’s Compensation Board in case of Mrs. Felix Rakie v. Jefferson & Clearfield Coal & Iron Co. Appeal from award of Compensation Board. Before Langham, P. J. The facts are stated in the opinion of the Supreme Court. The court sustained the appeal. Plaintiff appealed. Errors assigned were in sustaining appeal from the award of the Workmen’s Compensation Board and in reducing the amount awarded.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
On September 29, 1916, while at work as an employee in defendant’s mine, Charles Rakie was accidentally killed; in the six months preceding his death there were 184 calendar days, during 88 of which the mine was closed, and deceased did not work; the record contains a finding of the referee, adopted by the compensation board, that “the deceased’s idleness during this period was not due to any fault of his own”; to arrive at a divisor, for the purpose of determining the average daily earnings of deceased, in order to calculate his weekly wage, so as to…
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