Hastings Industries v. Commonwealth

611 A.2d 1187, 531 Pa. 186, 1992 Pa. LEXIS 393
Supreme Court of Pennsylvania·Decided June 17, 1992·No. No. 90 W.D. Appeal Docket 1990·Published·Cited by 28 cases

Opinions

OPINION OF THE COURT

FLAHERTY, Justice.

At issue is the scope of review by the Workmen’s Compensation Appeal Board (WCAB) in a facial disfigurement case under the Pennsylvania Workmen’s Compensation Act.1 We must decide whether WCAB may modify the amount of a referee’s award, based on the board’s view of the facial disfigurement, when it determines that the referee capriciously disregarded evidence of the severity and unsightliness of the disfigurement.

Appellant, Melvin Hyatt, was injured at work in a natural gas explosion on May 3,1985. In addition to other injuries, he suffered facial lacerations which required extensive suturing, causing permanent facial disfigurement. He received temporary total disability payments for his other injuries, then sought benefits under section 306(c)(22) of the workers’ compensation act, 77 P.S. § 513(22), to compensate him for the partial disability of the facial disfigurement.

[188] The referee viewed appellant’s disfigurement and described it as follows:

A scar commencing approximately 1” inch above the right corner of the right eyebrow and extending horizontally 1)4” to the right sideburn, being 54” wide at the eye side and 5é” wide at the sideburn; an inverted “V” scar on the right ear lobe approximately )é” wide throughout with the left edge being 54” and the right edge 54” in length; a “Y” scar with the “tail” line commencing under the right ear lobe and extending down onto the throat 1]4” and the left edge extending behind the right ear and upward 1)4”, and the top portion of the “Y” being approximately V in width and the bottom tail section tapering to }é” in width; said scars being a whitish-pink color compared with the surrounding tan skin.

He found as facts that the described disfigurement was caused by an industrial injury, that it was serious and permanent, that it caused an unsightly appearance, and that it was not usually incident to appellant’s employment. He concluded, as a matter of law, that the injury was compensable and that appellant was entitled to 17 weeks of compensation therefor. The Workmen’s Compensation Appeal Board (WCAB) viewed the injury and held that, although the referee’s description of the scarring was accurate, the award of 17 weeks’ compensation was a capricious disregard of competent evidence. The WCAB therefore amended the award to provide compensation of 50 weeks, stating that the increase was necessary to achieve uniformity among the referees of Pennsylvania.

The Commonwealth Court reversed the WCAB and reinstated the referee’s award of 17 weeks. The court relied on School District of Philadelphia v. Workmen’s Compensation Appeal Board, 109 Pa.Cmwlth. 463, 467, 531 A.2d 547, 549 (1987), alloc. denied, 519 Pa. 657, 546 A.2d 60 (1988), which held that “the amount of an award for a disfigurement is a question of fact which cannot be disturbed if the referee’s finding describes the disfigurement adequately and that description has a basis in the record.” Because the WCAB accepted the referee’s injury as accurate, the Commonwealth [189] Court held that the WCAB had no authority to disturb the referee’s award, even for the sake of uniformity, citing Wyoming Sand & Stone v. Workmen’s Compensation Appeal Board, 76 Pa.Cmwlth. 458, 464 A.2d 617 (1983).

Section 423 of the workers’ compensation act, 77 P.S. § 854, provides:

§ 854. Findings on appeal
In any such appeal the board may disregard the findings of fact of the referee if not supported by competent evidence and if it deem proper may hear other evidence, and may substitute for the findings of the referee such findings of fact as the evidence taken before the referee and the board, as hereinbefore provided, may in the judgment of the board, require, and may make such disallowance or award of compensation or other order as the facts so founded [sic] by it may require.

Interpreting the statute in McGartland v. Ampco-Pittsburgh Corp., 489 Pa. 205, 207, 413 A.2d 1086, 1087 (1980), we held that “[w]here the referee’s findings are supported by competent evidence, the Board cannot take additional evidence and substitute its own findings of fact for those of the referee.” McGartland had suffered the amputation of the index, middle, and ring fingers of his left hand and, based on his view of the injury and a physician’s unequivocal statement that the claimant’s hand was lost for all practical purposes, the referee made a factual finding that the claimant sustained the loss of use of his left hand and awarded compensation. Based on nothing more than its observation of the claimant’s hand, the WCAB reversed the referee’s finding and award of benefits. We reversed, holding that because the referee’s findings were supported by competent evidence, the WCAB could not take additional evidence, by viewing the injury, and substitute its own factual findings for those of the referee.

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Hastings Industries v. Commonwealth, 611 A.2d 1187, 531 Pa. 186, 1992 Pa. LEXIS 393 (Pa. 1992).

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