Claim of Fernandez v. Orioles

Appeal from a decision of the Workmen’s Compensation Board, filed June 24, 1976. Claimant was struck on the head by a pitched ball while batting in an International League baseball game in Rochester on August 3, 1969. He was' 30 years old at the time. The awards made for reduced earnings from the date of the accident through January 1, 1973 are not challenged. The only question on appeal is whether the $70 weekly awards for calendar year 1973 were properly made. The claimant’s pre-accident average weekly wage was fixed by stipulation at $250. In calendar year 1973 claimant earned $3,500 as a…