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LENKIEWICZ v. W. C. A. B. ET AL.

No. 1681 C.D. 1976.

39 Pa.Commw. 241 (1978)

Loretta Lenkiewicz, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and The Pittsburgh Press Club, Respondents.

Commonwealth Court of Pennsylvania.

December 14, 1978.

Attorney(s) appearing for the Case

Ronald A. Berlin, for petitioner.

Elmer G. Klaber, for respondents.

Submitted on briefs, September 13, 1977, to Judges CRUMLISH, JR., WILKINSON, JR. and ROGERS, sitting as a panel of three. Reargued October 31, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, DiSALLE and CRAIG. Judges BLATT and MacPHAIL did not participate.

OPINION BY JUDGE CRUMLISH, JR., December 14, 1978:

Before us is the question of what constitutes a "gratuity" for the purpose of computing workmen's compensation benefits.

In 1971, while working as a waitress for The Pittsburgh Press Club (Employer/Respondent), Loretta Lenkiewicz (Petitioner) was seriously injured and rendered totally disabled. A compensation agreement was voluntarily executed providing Petitioner with weekly compensation based on her average...

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