Lane Enterprises, Inc. v. Workmen's Compensation Appeal Board

644 A.2d 726, 537 Pa. 426, 1994 Pa. LEXIS 239
CourtSupreme Court of Pennsylvania
DecidedJuly 5, 1994
Docket28 Western District Appeal Docket 1993
StatusPublished
Cited by25 cases

This text of 644 A.2d 726 (Lane Enterprises, Inc. v. Workmen's Compensation Appeal Board) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lane Enterprises, Inc. v. Workmen's Compensation Appeal Board, 644 A.2d 726, 537 Pa. 426, 1994 Pa. LEXIS 239 (Pa. 1994).

Opinions

OPINION

ZAPPALA, Justice.

We granted the Appellants’ Petition for Allowance of Appeal to consider a single issue: whether an annual bonus should be prorated as wages over the whole year or only in the quarter in which it was paid.1 Both the Workmen’s Compensation Appeals Board and Commonwealth Court, 150 Pa.Cmwlth. 395, 615 A.2d 975, concluded that claimant’s bonus paid on February 27, 1987, should be considered as part of claimant’s wages for the quarter in which it was paid. Because we disagree, we reverse.

[428]*428Our scope of review in this matter is well founded. We will not disturb the Board’s action unless an error of law has been committed, constitutional rights have been violated, or necessary findings of fact are not supported by substantial evidence. Republic Steel Corp. v. Workmen’s Compensation Appeal Board (Petrisek), 537 Pa. 32, 640 A.2d 1266 (1994). Because we hold that both the Board and Commonwealth Court committed an error of law, we must reverse the Board’s action and remand this matter to the Board for recalculation of claimant’s benefits.

The claimant, Audley Patton, worked as a welder for Lane Enterprises, Inc. (Lane) until April 24, 1987, when he developed a work-related disability from exposure to zinc fumes. A Notice of Compensation Payable was issued on November 28, 1988, providing for a weekly disability rate of $313.77 based upon an average weekly wage of $470.65. This Notice was calculated from a wage statement completed by Lane including a $2,750 bonus paid to the claimant and prorated over each of the four quarters included in the wage statement.

Approximately a year later, claimant filed a Petition for Review seeking to have the entire bonus included in the quarter in which it was actually paid. In response to claimant’s Petition for Review, Lane filed a Petition for Review seeking a reduction in the amount of compensation payable by excluding the bonus as wages in calculating the “average weekly wage” under the Act.

Section 309 of the Act sets forth the appropriate calculations for determining “wages” for compensation purposes:

§ 582. Wages; computation for purpose of determining compensation
Wherever in this article the term “wages” is used, it shall be construed to mean the average weekly wages of the émploye, ascertained in accordance with rules and regulations of the department as follows:
(a) If at the time of the injury the wages are fixed by the week, the amount so fixed shall be the average weekly wage;
[429]*429(b) If at the time of the injury the wages are fixed by the month, the average weekly wage shall be the monthly wage so fixed multiplied by twelve and divided by fifty-two;
(c) If at the time of the injury the wages are fixed by the year, the average weekly wage shall be the yearly wage so fixed divided by fifty-two;
(d) If at the time of the injury the wages are fixed by the day, hour, or by the output of the employe, the average weekly wage shall be the wage most favorable to the employe, computed by dividing by thirteen the total wages of said employe earned in the employ of the employer in the first, second, third, or fourth period of thirteen consecutive calendar weeks in the fifty-two weeks immediately preceding the injury, or in case the employe receives wages, monthly or semi-monthly, by dividing by thirteen the total wages of said employe earned in the employ of the employer in the first, second, third, or fourth period of three consecutive calendar months in the year immediately preceding the injury;

(Footnote omitted.) 77 P.S. § 582. In affirming the Board, the Commonwealth Court relied upon subsection (d) above and its own holding in Boro of Midland v. Workmen’s Compensation Appeal Board (Granito), 127 Pa.Cmwlth.Ct. 462, 561 A.2d 1332 (1989).

In Boro of Midland, a dispute arose as to the allocation of vacation pay. The claimant argued that the vacation pay should be included in the quarter it was paid, while the employer contended that it should be prorated over the entire year. In affirming the Board which had accepted the claimant’s argument, initially, Commonwealth Court acknowledged that the Workmen’s Compensation Act is remedial in nature and that no provision of the Act indicated that vacation pay should be prorated throughout the year rather than be included in a particular quarter. The court was then persuaded by two factors: 1) a lack of evidence to contradict a factual conclusion that the employer had treated the vacation pay as wages during the fourth quarter, and 2) reliance upon a [430]*430provision of § 309(d) which provides that the “average weekly wage shall be the most favorable to the employee.” Under these circumstances, the Commonwealth concluded that the Board committed no error of law when it included claimant’s vacation pay in the quarter it was received.

Like the court in Boro of Midland, Commonwealth Court in this instance concluded that § 309(d) required the referee to include the bonus in the quarter it was received rather than being prorated over the year. It did so by relying upon the language of subsection (d) which states that “... the average weekly wage shall be the wage most favorable to the employee

Unlike Commonwealth Court, we are not persuaded that the above-quoted language of subsection (d) supports the conclusion that a bonus must be included in the quarter paid to ensure the most favorable wage to the employee. Instead, the above-quoted language plainly refers to selecting the highest average weekly wage from the four 13-week periods. The phrase immediately following the above-quoted language states “computed by dividing by thirteen the total wages a said employee earned in the employ of the employer in the first, second, third, or fourth period of thirteen weeks____” Clearly, Commonwealth Court has taken the “most favorable” language above out of context.

Likewise, reliance upon Boro of Midland is misplaced. Unlike the employer in Boro of Midland, Lane did provide evidence that the bonus claimant received was “earned” as the result of job performance during 1986. In fact, the referee specifically found that the bonus was based upon profits and performance during 1986. In contrast, the employer in Boro of Midland argued that claimant’s vacation pay was earned during 1983 when in fact the employer treated it as wages in the fourth quarter of 1984. Accordingly, the Boro of Midland does not control the disposition of this appeal.2

[431]*431Section 309 does not directly address the issue here of the proper allocation of a “bonus.” There is no dispute that the bonus is calculated on the basis of yearly performance. Section 309(c) indicates that if at the time of injury the wages are fixed by the year, the average weekly wage is calculated by dividing the yearly wage by fifty-two.

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Lane Enterprises, Inc. v. Workmen's Compensation Appeal Board
644 A.2d 726 (Supreme Court of Pennsylvania, 1994)

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Bluebook (online)
644 A.2d 726, 537 Pa. 426, 1994 Pa. LEXIS 239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lane-enterprises-inc-v-workmens-compensation-appeal-board-pa-1994.