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75+ Attorneys in 7 Offices
Cipriani & Werner has over 75 attorneys in 7 cities with expertise in commercial litigation, civil litigation, workers’ compensation, and more.
Pittsburgh
Harrisburg
Philadelphia
Scranton
Marlton
Wheeling
Charleston
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Cipriani & Werner has built expertise in commercial litigation, civil litigation, and workers’ compensation.
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Our Offices
Cipriani & Werner has offices throughout Pennsylvania, New Jersey, and West Virginia.
650 Washington Road Suite 700Pittsburgh, PA 15228Phone: (412) 563-25001011 Mumma Road Suite 201Lemoyne, PA 17043-1145Phone: (717) 975-9600450 Sentry Parkway Suite 200Blue Bell, PA 19422Phone: (610) 567-0700409 Lackawanna Ave Suite 402Scranton, PA 18503-2059Phone: (570) 347-0600155 Gaither Drive Suite BMt. Laurel, NJ 08054Phone: (856) 761-38001144 Market Street Suite 300Wheeling, WV 26003Phone: (304) 232-3600500 Virginia St. East Suite 750Charleston, WV 25301Phone: (304) 341-0500 -
C&W Journal
C&W Journal
Cipriani & Werner provides legal insight for business professionals.
May 2012 Edition
Layoffs Lower Wage Calculations
Source
Reifsnyder v. WCAB (Dana Corporation), 883A.2d 537 (Pa. 2005)
Analysis
Whenever possible, the claimant’s earnings history is to be the basis of their wage calculation. Calculating wages upon anticipated earnings is speculative and, in cases in which the claimant is often laid off, a means of artificially inflating ones wages. Therefore, the Supreme Court ruled that quarterly earnings periods depressed by layoff are to be included in the wage calculation of long term employees.
What it Means for You
Do not assume that because a claimant was laid off and not actually working for a period of time in the year proceeding the work injury that the method of calculating wages changes in the Claimant’s favor. Employers could benefit significantly by maintaining an employment relationship with temporarily laid off employees. Contact a Cipriani & Werner attorney to confirm that are using the best wage calculation method.
Journal Edition
August 2006
