School District v. Workmen's Compensation Appeal Board

603 A.2d 266, 145 Pa. Commw. 319, 1992 Pa. Commw. LEXIS 103
CourtCommonwealth Court of Pennsylvania
DecidedJanuary 30, 1992
DocketNo. 2424 C.D. 1990
StatusPublished
Cited by8 cases

This text of 603 A.2d 266 (School District 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
School District v. Workmen's Compensation Appeal Board, 603 A.2d 266, 145 Pa. Commw. 319, 1992 Pa. Commw. LEXIS 103 (Pa. Ct. App. 1992).

Opinion

BLATT, Senior Judge.

The School District of Philadelphia (employer) petitions for review of a decision and order of the Workmen’s Compensation Appeal Board (Board) which affirmed the referee’s decision dismissing the employer’s petition for termination, amended to a petition for modification, and reinstat[321]*321ing total disability compensation to Evelyn Pittman (claimant).

The facts of this case are not in dispute. The claimant worked as a vocational sewing teacher for the employer, and during the course of her employment, she accidentally severed her left index finger in a cloth-cutting machine. Thereafter, she received total disability compensation pursuant to Section 306(a) of The Pennsylvania Workmen’s Compensation Act (Act).1 The employer subsequently filed a termination petition which it later amended to aver that the claimant’s injury had resolved itself into a specific loss of use of her left index finger so that her entitlement to benefits was limited to 50 weeks as specified under Section 306(c)(10) of the Act, as amended, 77 P.S. § 513(10).

Following several hearings, the referee concluded that the claimant’s injury had resolved itself into a specific loss of use of her left index finger. He then granted the employer’s petition to terminate because the compensation the employer had already paid to the claimant exceeded that to which she was entitled under Section 306(c)(10) of the Act.

On appeal, the Board reversed the decision of the referee on the ground that the employer had failed, as a matter of law, to meet its burden of proving that the claimant’s specific loss was limited to her left index finger. The Board then remanded to the referee to determine whether or not the employer’s petition to terminate should be granted on the basis of a greater specific loss.2 The employer peti[322]*322tioned this Court for review of the Board’s remand order, and in an unreported opinion, we quashed the appeal as interlocutory without reaching the merits of the case. School District of Philadelphia v. Workmen’s Compensation Appeal Board (Pittman) (No. 1245 C.D.1986, filed March 31, 1987).

On remand, the referee again found that the claimant did not sustain any loss of use for all practical intents and purposes beyond her left index finger. Nevertheless, he concluded that pursuant to the remand order of the Board, the claimant must be deemed to be totally disabled. He, thus, dismissed the employer’s petition for termination and reinstated the claimant’s total disability compensation. It is from the order of the Board affirming the decision of the referee on remand that the employer appeals to this Court.3

On appeal, the employer asserts that the Board improperly substituted its own view of the medical evidence of record for that of the referee, and thus erred in concluding that the claimant suffered an injury separate and apart from the injury to her left index finger. The claimant contends that the condition of her left hand constitutes a destruction, derangement, or deficiency of another part of her body that did not follow as a normal consequence of the specific loss of use of her left index finger, and thus the Board properly dismissed the employer’s petition for termination and reinstated her total disability compensation.

Where, as here, the employer alleges that the claimant’s injury is compensable as a specific loss rather than a total disability, the employer must show that the claimant suffers a permanent loss of use of the injured body part for all practical intents and purposes. Linkiewicz v. Workmen’s Compensation Appeal Board (Pullman Standard), 132 Pa. Commonwealth Ct. 472, 573 A.2d 265 [323]*323(1990). This question is one of fact to be resolved by the referee. Id., 132 Pa.Commonwealth Ct. at 474-75, 573 A.2d at 266.

In addition, we note that in cases of specific loss claims, the well-established rule is that an employee who sustains an injury adjudged compensable under Section 306(c) of the Act is not entitled to additional compensation even though he may be totally disabled by his permanent injury. Rowan v. Workmen’s Compensation Appeal Board, 58 Pa. Commonwealth Ct. 56, 426 A.2d 1304 (1981). The exception to the general rule is that a claimant is entitled to total disability benefits under Section 306(a), in addition to benefits for specific loss under Section 306(c), where there is a destruction, derangement, or deficiency in the organs of the other parts of the body. Truck Lubricating & Washing Co. v. Workmen’s Compensation Appeal Board, 54 Pa. Commonwealth Ct. 495, 421 A.2d 1251 (1980). Thus, if a specific loss injury results in a disability which is separate and distinct from that which normally follows such an injury, and which is the direct result of the injury, then benefits for total disability are allowed in addition to benefits for specific loss. Lente v. Luci, 275 Pa. 217, 119 A. 132 (1922). In the Lente case, the Supreme Court held that the destruction of other body parts, which a claimant must show, does not include pain, annoyance, inconvenience, disability to work, or anything normally resulting from the permanent injury. Lente, 275 Pa. at 222, 119 A. at 134.

Crucial to the claimant’s right to total disability benefits is the testimony of Dr. Thomas J. Brobyn, M.D., whose deposition was presented on behalf of the claimant. Dr. Brobyn testified, as follows, regarding the claimant’s complaints of pain and stiffness in her left index finger following her surgery:

A. Her complaint when she initially came here was that her index finger was very painful to touch, that if she touched it or it came in contact with anything she experienced exquisite pain ... And as a result, she developed a lot of stiffness in the joints of her finger and had really [324]*324not been able to recover from the laceration of the tendon.
Q. Now, would that be uncommon for the type of injury that she had sustained?
A. I would qualify for this type of an injury it is not uncommon, but it is definitely not unheard of. Now, that’s a roundabout way of saying it is not terribly unusual, but it’s not a frequent — I’m hedging a bit — but it certainly happens.
Q. Just so we’re clear, when you say it happens, specifically what are you talking about?
A. I can’t give you a figure to say this happens in 10 percent of the people with a crushed laceration of the hand. In people who have crush injuries or amputations of their fingers, traumatic amputations, it is not uncommon for people to develop painful neuromas.

Deposition of Dr. Thomas J. Brobyn, M.D. (Deposition), April 15, 1983, P. 9-11.

Dr. Brobyn testified further regarding the effect of the claimant’s injured finger on the rest of her hand:

A. It’s my opinion and has been my opinion for a long time that this finger makes the use of her left hand exceedingly difficult.
Q. Why is that?
A.

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Bluebook (online)
603 A.2d 266, 145 Pa. Commw. 319, 1992 Pa. Commw. LEXIS 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/school-district-v-workmens-compensation-appeal-board-pacommwct-1992.