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Biddle v. Kraft Foods6/14/2005
his overtime pay, even though the overtime rate exceeded his "straight time" pay rate. That argument misstates the ruling in Rubick, however, which simply limited the use of the six-month average wage formula to "output" employees.
8. Here, the IAB correctly set Biddle's wages at $16.7030, the wage rate provided in the contract in force at the time of his accident. Biddle's contract never fixed his wages at $33.4060. Rather, it provided that Biddle would be credited for two hours of work for every overtime hour he worked. The IAB concluded that Biddle's wage rate did not change when he worked overtime; instead, he simply accumulated hours more quickly. The IAB took those extra hours into consideration in calculating the number of hours in Biddle's average work week. Accordingly, the IAB did not err in its ruling.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.
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