Opinion

Plum v. Hotel Washington

  • 125 Pa. Super. 280
  • 189 A. 792
  • 1937 Pa. Super. LEXIS 43
Court
Superior Court of Pennsylvania
Filed
Oct 26, 1936
Status
Published
Author
Cunningham
On the bench
Keller, Cunningham, Baldrige, Stadteeld, Parker, James, Rhodes
Cited by
13 cases

The opinion

Concurring Opinion by

Cunningham, J.:

Under the facts found by the compensation authorities in this case, I concur in the conclusion reached by the majority, but think the opinion does not go far enough. Some guidance should be given referees and the board for cases in which it appears an employee is receiving wages equal to, or higher than, those he was receiving at the time of the accident, having re

*286

gard to changes in wage scales and other relevant considerations.

As the compensation authorized by Section 306 (b) of the statute is intended to take the place of wages lost during the time an employee’s earning power is impaired by an accidental injury, and as the second paragraph of Section 413 expressly provides, inter alia, for the suspension of an original or supplemental agreement, or an award, when justified by existing conditions, I am of opinion the compensation authorities should determine, under the facts in each case, whether the claimant is actually earning the wages he is receiving. If so, then, although he may still have a physical impairment, he is not entitled to compensation for the period during which he earns such wages. On the other hand, if he does not actually earn such wages, and could not earn them on the open market, but is receiving them merely because his employer sees fit to pay them, he is entitled to compensation in addition to his wages.

Baldrige, J., joins in this opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.