City of Jeannette v. Workmen's Compensation Appeal Board (DiBridge)

Commonwealth Court of Pennsylvania

City of Jeannette v. Workmen's Compensation Appeal Board (DiBridge)

520 A.2d 533, 103 Pa. Commw. 361, 1987 Pa. Commw. LEXIS 1890

CourtCommonwealth Court of Pennsylvania

DecidedJanuary 28, 1987

DocketAppeal, No. 2389 C. D. 1985

StatusPublished

This text of 520 A.2d 533 (City of Jeannette v. Workmen's Compensation Appeal Board (DiBridge)) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Jeannette v. Workmen's Compensation Appeal Board (DiBridge), 520 A.2d 533, 103 Pa. Commw. 361, 1987 Pa. Commw. LEXIS 1890 (Pa. Ct. App. 1987).

Pincite

Opinion

Opinion by President Judge Crumlish, Jr.,

The City of Jeannette appeals a Workmens Compensation Appeal Board (Board) order affirming a referees determination that Ralph DiBridge, in receiving partial disability benefits, was entitled to a presumption of maximum wages under Section 601 of The Pennsylvania Workmens Compensation Act (Act).¹ We reverse and remand.

The City of Jeannette employs six full-time salaried firemen and one full-time chief. DiBridge, who suffered a coronary while dragging a firehose, is one of approximately forty additional “call firemen” who are paid $3.25 an hour when and if he chooses to attend a fire or training session.

DiBridge works in the same firehouse as Glenn S. Gelder and contends, like Gelder, that he is a volunteer fireman. City of Jeannette v. Workmens Compensation [363]*363Appeal Board (Gelder), 103 Pa. Commonwealth Ct. 334, 520 A.2d 531 (1987).

For the reasons stated in that companion case, we hold that DiBridge is a paid fireman and must be classified an employee within the scope of the Act. Thus, his wages must be determined under the provisions set forth in Section 309, 77 P.S. §582(d).²

The Board decision is reversed and this case is remanded to the Board for computation of benefits consistent with this opinion.

Order

The Workmens Compensation Appeal Board order, No. A-88091 dated July 30, 1985, is reversed and this case is remanded to the Board for computation of benefits consistent with this opinion.

Jurisdiction relinquished.

Now, April 10, 1987, having previously granted reconsideration, we hereby reaffirm our prior opinion and Order filed January 28, 1987.

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