Pennsylvania Statutes Title 77 P.S. Workers' Compensation § 2704. Claim petition

(a) Authorization.--If a claim for compensation is filed under this article and the claim is not voluntarily accepted as compensable, the employee may file a claim petition naming both the employer and the fund as defendants. Failure of the uninsured employer to answer a claim petition shall not serve as an admission or otherwise bind the fund under section 416.  1

(b) Amount of wages.--In a proceeding under this article, the fund shall not be liable for wage loss payments unless the amount of wages the employee earned at the time of injury is established by one of the following:

(c) Limitation on wage loss payments.--If a judge accepts testimony and finds it to be credible under subsection (b)(7) as the sole basis for determining wage loss payments, without supporting evidence established in subsection (b)(1), (2), (3), (4), (5) or (6), the wage loss payment rate shall be 66.6% of the average weekly wage for the claimant's occupation. The judge may reduce the average weekly wage loss payment upon the submission of evidence indicating a lesser wage amount or based on the claimant's length of employment with the employer. For the purposes of this subsection, the term “average weekly wage” is the average weekly wage for the claimant's occupation by metropolitan statistical area, as determined by the United States Department of Labor for the calendar year prior to the year in which the claimant's injury occurred, and shall be based on the metropolitan statistical area in which the claimant's injury occurred.