USX Corp. v. Workmen's Compensation Appeal Board

BARRY, Senior Judge.

USX Corporation (USX) appeals from a decision of the Workmen’s Compensation Appeal Board (the Board) which affirmed a referee’s decision awarding Mark McDermott (McDermott) partial disability benefits. USX argues that the referee erred when computing McDermott’s average weekly wage by inflating McDermott’s earnings from a second employer. McDermott argues that the referee erred by deflating the earnings from the second employer. Because neither party’s argument has been properly preserved for review, we affirm.

The referee made the following determinations of fact.…