Tagliavia v. Barton Malow Co.

Plaintiff appeals by leave granted from an opinion and order of the Workers’ Compensation Appellate Commission affirming with significant modification the magistrate’s decision which awarded him benefits. The issue on appeal concerns the calculation of plaintiff’s average weekly wage. We affirm.

The underlying facts are essentially undisputed. Plaintiff began working as a construction worker for defendant Barton Malow Company on January 10, 1986. On February 19, 1986, plaintiff was permanently disabled when he was struck by a one-ton load of concrete dropped from an overhead crane.

Plaintiff’s…