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

No. 2340 C.D. 1977.

41 Pa.Commw. 516 (1979)

Max Frederick Kraft, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board, Herr's Island Packing Company and Commercial Union Insurance Company of New York, Insurance Carrier, Respondents.

Commonwealth Court of Pennsylvania.

April 6, 1979.


Attorney(s) appearing for the Case

Raymond F. Keisling, with him Will & Keisling, for petitioner.

Warren S. Reding, with him Reding & Rea, and James N. Diefenderfer, for respondent.

Argued September 29, 1978, before Judges MENCER, ROGERS and CRAIG, sitting as a panel of three.


OPINION BY JUDGE CRAIG, April 6, 1979:

Claimant Max Kraft appeals the decision of the Workmen's Compensation Appeal Board (Board) setting aside certain findings of the referee and reducing compensation payments based on its substituted findings that claimant's average weekly wage for purposes of compensation under Section 309(d) of The Pennsylvania Workmen's Compensation Act (Act),1 was $21.83.

The Board held that the referee erroneously...

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