USX CORP. v. W.C.A.B. (McDERMOTT)


152 Pa.Commw. 174 (1992)

618 A.2d 1150

USX CORPORATION f/k/a United States Steel Corporation, Petitioner, v. WORKMEN'S COMPENSATION APPEAL BOARD (McDERMOTT), Respondent.

Commonwealth Court of Pennsylvania.

Decided December 8, 1992.


Attorney(s) appearing for the Case

Martha R. Conley, for petitioner.

Norman Weinstein, for respondent.

Before DOYLE and FRIEDMAN, JJ., and BARRY, Senior Judge.


BARRY, Senior Judge.

USX Corporation (USX) appeals from a decision of the Workmen's Compensation Appeal Board (the Board) which affirmed a referee's decision awarding Mark McDermott (McDermott) partial disability benefits. USX argues that the referee erred when computing McDermott's average weekly wage by inflating McDermott's earnings from a second employer. McDermott argues that the referee erred by deflating the earnings from the second employer. Because neither...

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