Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Ralph DiBridge v. City of Jeannette, Docket No. A-88091.
Dennis N. Persin, Stewart, Belden, Herrington & Belden, for petitioner.
Morrison F. Lewis, Jr., for respondent, Ralph DiBridge.
President Judge Crumlish, Jr., and Judge Doyle, and Senior Judge Kalish, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.
[ 103 Pa. Commw. Page 362]
The City of Jeannette appeals a Workmen's Compensation Appeal Board (Board) order affirming a referee's determination that Ralph DiBridge, in receiving partial disability benefits, was entitled to a presumption of maximum wages under Section 601 of The Pennsylvania Workmen's Compensation Act (Act).*fn1 We reverse and remand.
The City of Jeannette employs six full-time salaried firemen and one full-time chief. DiBridge, who suffered a coronary while dragging a firehose, is one of approximately forty additional "call firemen" who are paid $3.25 an hour when and if he chooses to attend a fire or training session.
[ 103 Pa. Commw. Page 363]
DiBridge works in the same firehouse as Glenn S. Gelder and contends, like Gelder, that he is a volunteer fireman. City of Jeannette v. Workmen's Compensation Page 363} Appeal Board (Gelder), 103 Pa. Commonwealth Ct. 334, 520 A.2d 531 (1987).
For the reasons stated in that companion case, we hold that DiBridge is a paid fireman and must be classified an employee within the scope of the Act. Thus, his wages must be determined under the provisions set forth in Section 309, 77 P.S. § 582(d).*fn2
The Board decision is reversed and this case is remanded to the Board for computation of benefits consistent with this opinion.
The Workmen's Compensation Appeal Board order, No. A-88091 dated July 30, 1985, is reversed and this case is remanded to the Board for computation of ...