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ERNEST LEE JOHNSON v. WORKMEN'S COMPENSATION APPEAL BOARD AND WALLACE LEISURE PRODUCTS (10/11/74)

decided: October 11, 1974.

ERNEST LEE JOHNSON, APPELLANT,
v.
WORKMEN'S COMPENSATION APPEAL BOARD AND WALLACE LEISURE PRODUCTS, INC., APPELLEES



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Ernest Lee Johnson v. Wallace Leisure Products, Inc., No. A-67562.

COUNSEL

Charles F. Quinn, with him Mazzocone and Quinn, for appellant.

Joseph Hakun, with him MacCoy, Evans and Lewis and James N. Diefenderfer, for appellees.

Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Wilkinson.

Author: Wilkinson

[ 15 Pa. Commw. Page 255]

For purposes of this decision, it is not contested that claimant-appellant has suffered the total loss of use of his right hand and is entitled to an award for specific loss benefits pursuant to Section 306(c) of the Pennsylvania Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. ยง 513 (Supp. 1974-1975), which provides, inter alia :

". . . .

"(1) For [disability resulting from] the loss of a hand [compensation shall be exclusively] sixty-six and two-thirds per centum of wages during three hundred thirty-five weeks.

"This compensation shall not be more than sixty-six and two-thirds per centum of the Statewide average weekly wage nor less than sixty-six and two-thirds per centum of the maximum compensation payable per week for total disability as provided in subsection (a)*fn1 of this section, but in no event more than the employe's average weekly wage. . . ."

Claimant's-appellant's average weekly wage was $64.00. The Statewide average weekly wage for the job classification of claimant-appellant was $141.00.

[ 15 Pa. Commw. Page 256]

The position of claimant-appellant is that Section 306(c) provides that he should be paid not more than two-thirds of the Statewide average weekly wage, i.e., two-thirds of $141.00 = $94.00. The same Section provides that he shall not be paid more than his wages, i.e., $64.00. Finally, it is claimant-appellant's position that he may not be paid less than he would have received for total disability, i.e., $47.00.

The referee agreed with claimant-appellant and awarded two-thirds of the maximum compensation payable for total disability, based on the Statewide average weekly ...


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