By Ronald J. Fonner, Esq.
In Jackiw v. Soft Pretzel Franchise (WCAB), (January 22, 2025), there was no dispute that Jennifer Jackiw suffered a work injury that resulted in the loss of her forearm. Under the Workers’ Compensation Act (the Act), Ms. Jackiw was entitled to 370 weeks of specific loss benefits, plus a healing period of up to 20 weeks. However, a dispute arose regarding whether her weekly benefit rate should be calculated under Section 306(a) of the Act, or 306(c) of the Act, the latter of which would provide for a higher weekly rate, and thus a higher award.
The Commonwealth Court relied on prior case law and determined that the lower calculation of Ms. Jackiw’s weekly rate under Section 306(a) was proper. Ms. Jackiw appealed to the Pennsylvania Supreme Court, arguing that the amount to be used for her weekly benefit rate should be calculated under the total disability formula in Section 306(c), which would yield a higher weekly benefit, and thus a higher total amount awarded to her.
The Supreme Court acknowledged that the language in the Act is confusing. However, the Court held that the prior case law relied upon by the Commonwealth Court was incorrect. The Supreme Court determined that, for purposes of calculating benefits for specific loss/loss of use and disfigurement/scarring purposes, Section 306(c) should be used, as opposed to Section 306(a).
What does this mean for injured workers?
If a worker suffers an amputation/loss of use of a body part or disfigurement/scarring as a result of a work injury, the lowest weekly benefit to be used in determining the amount awarded to the injured worker is 50 percent of the statewide average weekly wage (AWW). The bottom line is that injured workers with lower wages will be entitled to higher benefits for injuries involving specific loss/loss of use and disfigurement/scarring.
If you have suffered a work-related injury, contact us online or call 888-534-6016. We offer free consultations for injured workers throughout Western Pennsylvania.
