 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Washington Inventory Service v. Workers' Compensation Appeal Board9/29/2005
Washington Inventory Service (Employer) petitions for review of a decision of the Workers' Compensation Appeal Board (Board), affirming as modified a decision of the Workers' Compensation Judge (WCJ), granting in part and denying in part a suspension petition filed by Employer. We now reverse and remand.
Employer employed Kathy King (Claimant) as an inventory taker. Claimant began her employment with Employer on February 28, 2002. In the course and scope of her employment on March 18, 2002, Claimant was involved in an automobile accident. Claimant sustained numerous injuries in this accident. Claimant received total disability benefits pursuant to a notice of compensation payable (NCP) issued by Employer on April 4, 2002. The NCP described Claimant's injuries as "RIGHT WRIST & LEFT RIB FRACTURES" sustained while she was a "RESTRAINED PASSENGER IN THE COMPANY VAN WHICH WAS INVOLVED IN AN ACCIDENT.." (R.R. 146a).
The NCP further provided for a weekly compensation rate of $135.00 based upon an average weekly wage of $150.00. At the same time, Employer submitted a statement of wages describing how it arrived at Claimant's average weekly wage of $150.00. Specifically, this statement of wages indicated that Claimant earned an hourly wage of $7.50 and that she was expected to work twenty hours per week (20 hours/week x $7.50/hour = $150.00). Also at this time, Employer submitted a notification of suspension, indicating that as of March 29, 2002, Claimant returned to work at earnings equal to or greater than her pre-injury earnings.
In fact, on March 29, 2002, Claimant was set to begin what Employer described in various letters as "modified at home sedentary duty." (R.R. at 149a, 154a). This modified duty consisted of completing paperwork at home for Employer. However, as a result of her work-related right wrist fracture and, specifically, the cast on her right wrist, Claimant was unable to perform this modified-duty work. Nevertheless, Claimant continued to receive compensation from Employer, albeit compensation that Employer classified as administration pay on Claimant's earnings statements. Interestingly, this administration pay was in the amount of $150.00 per week, the same amount as Claimant's purported average weekly wage, minus certain taxes.
On July 23, 2002, Employer filed a petition to suspend Claimant's compensation benefits, alleging that she returned to work on March 29, 2002, at wages equal to or greater than her pre-injury wages. Claimant did not respond to Employer's petition as she was unrepresented by counsel. The case was assigned to the WCJ and proceeded with hearings. During the course of these hearings, Claimant obtained counsel and challenged Employer's calculation of her average weekly wage as well as its entitlement to a suspension of her benefits as of March 29, 2002.
At these hearings, Claimant testified on her own behalf relating a history of her brief employment with Employer, her work accident and her subsequent work-related injuries. In describing her work duties, Claimant indicated that she " raveled around to different stores.doing inventories." (R.R. at 70a). Prior to her work accident, Claimant indicated that she performed seven or eight inventories, including two or three inventories at out-of-state locations. During the approximate three weeks that she worked for Employer prior to the accident, Claimant indicated that she spent at least four nights away from home. Claimant also indicated that, with respect to out-of-town trips, she received a per diem of $14.00 for food expenses and $27.00 for hotel expenses.
As to the number of hours that she would be expected to work, Claimant indicated that she
Page 1 2 3 4 Pennsylvania Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|