Legal Opinion

Scott v. Workers' Compensation Appeal Board

Commonwealth Court of Pennsylvania

Decided January 3, 2003PublishedCited by 4 opinions

1Opinion of the Court

OPINION BY

Judge COLINS.

The single issue presented for the Court’s review is whether stock options issued to an employee by the employer are to be included in the calculation to determine an employee’s average weekly wage for purposes of the Workers’ Compensation Act (Act), 77 P.S. § 582(e). 1 This issue of whether stock options are to be included in the definition of wages is one of first impression. We affirm the Board’s conclusion that the calculation of an employee’s average weekly wage does not include stock options issued to an employee.

There is no dispute that claimant Scott established…

2Cases cited2 opinions

  1. Marchlen v. Township of Mt. LebanonSupreme Court of Pennsylvania · 2000
  2. Arthur Shelley Trucking & Insurance Co. of North America v. Workmen's Compensation Appeal BoardCommonwealth Court of Pennsylvania · 1988

3Cited by4 opinions

  1. Shire v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2003
  2. Bixler v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2003
  3. Hmelyar v. Phoenix ControlsAppellate Court of Illinois · 2003
  4. Hmelyar v. Phoenix ControlsAppellate Court of Illinois · 2003

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