American Belt Co. v. Workers' Compensation Appeal Board

LEADBETTER, Judge.

Section 320(a) of the Workers’ Compensation Act,1 77 P.S. § 672(a) provides that an employer who illegally hires an underage employee must pay a fifty per cent penalty in addition to standard workers’ compensation benefits if that underage employee is injured. In this case, the court must determine the standard to be applied under this provision where the minor was hired based upon her false representation that she was eighteen years old.

Karyann Figuereo sought employment from petitioner on June 21, 1994. On that date, she was fifteen years of age. On her job application,…