Friday, June 13, 2003
To the extent there was still confusion whether volunteer firefighters and emergency medical personnel get the maximum comp rate or two-thirds of the maximum comp rate, the Commonwealth Court has put the issue to rest. In V. Fearon v. WCAB (Borough of Ashland) the Court rejected the Claimant's assertion that the statewide average weekly wage defined in Section 601(b) of the Act is actually the maximum comp rate times 1.5. The Court held that what the Department of Labor and Industry publishes as the statewide average weekly wage under Sections 105.1 and 105.2 of the Act is the Section 601(b) presumed wage for firefighters and emergency medical personnel, and the presumed compensation rate is 2/3 of this wage.
Posted by Robert Vonada at 7:18 AM