McStay v. Workmen's Compensation Appeal Board

Opinion by

Judge Doyle,

Before this Court is an appeal by Richard J. McStay (Petitioner) from a decision and order of the Workmen’s Compensation Appeal Board affirming a referee’s determination of Petitioner’s average weekly wage for the purposes of disability compensation.

Petitioner was employed as an automobile mechanic by the Alex L. Itri Garage & Body Shop (Employer). The terms of Petitioner’s employment were that he work as needed and that he would be paid a percentage of the amount Employer charged for Petitioner’s services. After only four days of work, Petitioner was burned. As a result…