Attorney Joseph C. Galanes represents the claimant. Attorney Stephen D. Ellis represents the defendant. Defendant argues that claimant is not entitled to any indemnity benefits and seeks a ruling that claimant's self-employment income cannot be used for purposes of calculating average weekly wage. Claimant seeks a ruling that he is entitled to indemnity benefits. He held the rank of Captain.
Defendant acknowledges the compensability of the claim and has paid medical expenses.
However, it refuses to pay claimant any indemnity benefits. Claimant is a flooring installer. Claimant considered himself an independent contractor, reported his income on a Form 1099 and did not have workers' compensation insurance. In reaching that decision, the Honesdale court considered two important aspects of the Pennsylvania legislative scheme. First, because the Pennsylvania legislature had deleted an earlier provision that specifically included self-employment earnings in the calculation of average weekly wage for injured firefighters and ambulance workers, the court concluded that it meant to deny inclusion of those earnings.