Appeal from the Order of the Workmen's Compensation Appeal Board in case of Edward Francis Salukas v. Mack Trucks, Inc., No. A-86561.
Richard H. Markowitz, with him, Quintes D. Taglioli, Markowitz & Richman, for petitioner.
Thomas A. Wallitsch, Weaver, Mosebach, Piosa, Hixson, Wallitsch & Marles, for respondent.
Judges Rogers, Barry and Palladino, sitting as a panel of three. Opinion by Judge Rogers.
[ 90 Pa. Commw. Page 613]
Edward Salukas (petitioner) has appealed from an order of the Workmen's Compensation Appeal Board which affirmed a referee's grant of a credit against his employer's obligation to pay workmen's compensation for wages paid the petitioner for the holiday of July 5, 1982.
The facts of this case are not in dispute. The referee accurately states them in his findings:
2. On or about June 2, 1982, Claimant suffered an injury within the course of his employment. . . .
3. As a result of said injury, Claimant was unable to perform his job from June 7, 1982, up to and including August 4, 1982.
4. On or about August 5, 1982, Claimant returned to the same or similar work at the same or greater wage than his pre-injury wage, but with an undetermined residual physical disability which did not reflect itself in a loss of earning power, all entitling the Company to a suspension of Workmen's Compensation benefits effective August 5, 1982.
[ 90 Pa. Commw. Page 6145]
. From June 7, 1982, to July 4, 1982, and from July 6, 1982, to August 4, 1982, inclusive, the Company paid to the Claimant Workmen's Compensation benefits at the rate of $284 per week in accordance with the Claimant's average weekly wage at the time of his injury.
6. For July 5, 1982, the Company did not pay the Claimant any Workmen's Compensation benefits but instead paid the Claimant one ...