Crucible, Inc. v. Workmen's Compensation Appeal Board

549 A.2d 258, 120 Pa. Commw. 564, 1988 Pa. Commw. LEXIS 845
CourtCommonwealth Court of Pennsylvania
DecidedOctober 24, 1988
DocketAppeal No. 3385 C.D. 1986
StatusPublished
Cited by5 cases

This text of 549 A.2d 258 (Crucible, Inc. v. Workmen's Compensation Appeal Board) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crucible, Inc. v. Workmen's Compensation Appeal Board, 549 A.2d 258, 120 Pa. Commw. 564, 1988 Pa. Commw. LEXIS 845 (Pa. Ct. App. 1988).

Opinion

Opinion by

Senior Judge Narick,

Crucible, Inc. (Employer) has petitioned for review of an order of the Workmens Compensation Appeal Board (Board) affirming a referees grant of benefits to Terri A. Pope (Claimant).

Claimant was originally injured at work on January 9, 1980 when a forklift ran over her left foot. She received compensation from her Employer from that date until July 30, 1980, when the parties entered into a [566]*566supplemental agreement suspending benefits. On April 20, 1981, the parties concluded a second supplemental agreement, which provided: “all injury sustained on 1/ 9/80 has resolved itself into the loss of one-half of the left great toe pursuant to Section 306(c) [of The Pennsylvania Workmens Compensation Act (Act)].”1 That agreement further provided that the suspension of benefits under the previous supplemental agreement2 would remain in full force and effect.

On July 24, 1981, Claimant filed the petition for reinstatement of benefits which is the subject of these proceedings. The Employer defended on the grounds that Claimant had been fully compensated for her injuries when she received the payments for the specific loss of use of her left great toe, and that the injury for which she sought compensation — pain, swelling and discoloration in her left foot — was not a separate and distinct compensable injury.

Following hearings and the submission of medical evidence, a workmens compensation referee determined that Claimant was entitled to disability benefits3 from August 26, 1981 until her recovery on December 10, 1982. On appeal, the Board remanded for the referee to make findings as to whether Claimants disability was the result of a separate and distinct injury which was a normal and direct result of the injury to her great toe. In response to the remand order and without taking additional evidence, the referee added the following finding: “[C]laimant has a disability that extends into the foot beyond 50% of the left great toe.” The Board found this finding insufficient on appeal and reversed [567]*567the referees grant of benefits. Claimant petitioned for reconsideration of that order, however, and on October 17, 1986, the Board issued an order reversing its prior decision and reinstating the referees award, prompting Employers appeal to this Court.

The two issues we are asked to consider are whether Claimant was entitled to reinstatement of workers’ compensation benefits without a specific finding by the referee that her disability was separate and distinct from the disability attributable to her left great toe and whether Claimant met her burden of proving that her disability was due to an injury separate and distinct from the specific loss of use of one-half of her left great toe.

It is a well established rule in cases involving specific loss claims that a claimant who sustains an injury compensable under Section 306(c) of the Act is not entitled to compensation beyond that specified in that section even though he may be totally disabled by the injury. See, e.g., Truck Lubricating & Washing Co. v. Workmens Compensation Appeal Board, 54 Pa. Commonwealth Ct. 495, 421 A.2d 1251 (1980); Carnovale v. Supreme Clothes, Inc., 7 Pa. Commonwealth Ct. 253, 298 A.2d 640 (1973). The exception to this general rule is that a claimant is entitled to disability benefits for injuries which are separate and distinct from those which normally follow the specific loss injury. Id. Our Supreme Court has summarized this exception as follows:

‘[Wjhere it is claimed that some other part of the body is affected, it must definitely and positively appear that it is so affected as a direct result of the permanent injury; the causal connection must be complete, and, further, the disability must be separate and distinct from that which normally follows an injury under [Section 306] (c), and must endure beyond the time there[568]*568in mentioned. There must be a destruction, derangement or deficiency in the organs of the other parts of the body. It does not include pain, annoyance, inconveniences, disability to work or anything that may come under the term “all disability,” or normally resulting from the permanent injury.’

Killian v. Heintz Div. Kelsey Hayes, 468 Pa. 200, 207, 360 A.2d 620, 624 (1976) quoting Lente v. Luci, 275 Pa. 217, 221-22, 119 A. 132, 133 (1922) (emphasis deleted).

Here, despite the Board’s remand order directing him to make findings on the question of whether the injury to Claimant’s foot was separate and distinct from that of her toe, the referee merely noted that the injury extended beyond the toe into the foot. The Board ultimately adopted Claimant’s position that this factual finding was sufficient to establish that Claimant’s foot injury was separate and distinct from the specific loss of 50% of her left great toe. Believing itself to be bound by this finding because of the referee’s status as ultimate fact-finder, the Board, citing Ryan v. Workmens Compensation Appeal Board (Automatic Timing & Controls Co.), 82 Pa. Commonwealth Ct. 643, 477 A.2d 16 (1984), upheld the referee’s award of benefits. We disagree that this finding was sufficient to establish separate and distinct injury. However, even if we were to view the finding as broadly as Claimant interprets it, from our review of the record, there is not substantial competent evidence which could have supported such a finding.4

In those cases in which we have allowed compensation in addition to specific loss benefits, there has been evidence to support the existence of an injury separate [569]*569and distinct from the permanent injury which did not normally follow the loss of the affected member. See, e.g., Painter v. Workmens Compensation Appeal Board (Universal Cyclops), 91 Pa. Commonwealth Ct. 59, 496 A.2d 907 (1985) (hand-shoulder syndrome following loss of use of arm independently disabling); Penn Mar Boundaries, Inc. v. Workmens Compensation Appeal Board (Albright), 76 Pa. Commonwealth Ct. 565, 464 A.2d 670 (1983) (psychosomatic pain and pain in leg and hip due to inability to ambulate properly following amputation of part of foot); Rowan v. Workmens Compensation Appeal Board, 58 Pa. Commonwealth Ct. 56, 426 A.2d 1304 (1981) (total disability from neuroma pain following partial amputations of three fingers); Truck Lubricating (disability from rare neuroma pain resulting from finger amputation).

Here, Claimant was compensated for the specific loss of one-half of her left great toe. The following year, she was disabled by pain and swelling in her left foot, which her physician specifically related to the original crush injury on January 9, 1980.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Sharon Steel Corp. v. Workers' Compensation Appeal Board
790 A.2d 1084 (Commonwealth Court of Pennsylvania, 2002)
St. Joseph Hospital v. Workers' Compensation Appeal Board
725 A.2d 1287 (Commonwealth Court of Pennsylvania, 1999)
Acme Markets, Inc. v. Workmen's Compensation Appeal Board
562 A.2d 419 (Commonwealth Court of Pennsylvania, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
549 A.2d 258, 120 Pa. Commw. 564, 1988 Pa. Commw. LEXIS 845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crucible-inc-v-workmens-compensation-appeal-board-pacommwct-1988.