Symons v. National Electric Products, Inc.

200 A.2d 871, 414 Pa. 505, 1964 Pa. LEXIS 588
CourtSupreme Court of Pennsylvania
DecidedJune 1, 1964
DocketAppeal, No. 223
StatusPublished
Cited by25 cases

This text of 200 A.2d 871 (Symons v. National Electric Products, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Symons v. National Electric Products, Inc., 200 A.2d 871, 414 Pa. 505, 1964 Pa. LEXIS 588 (Pa. 1964).

Opinions

Opinion by

Mr. Justice Roberts,

This is an appeal by a claimant from an order of the Workmen’s Compensation Board suspending compensation. The order was affirmed by the Court of Common Pleas of Beaver County and per curiam by the Superior Court on the opinion of the court below.

The essential facts are not in dispute. On August 21, 1952, Richard C. Symons, Jr., was at work in Am-bridge, Pennsylvania, as a molding machine operator when he met with an accident. He suffered a crushing type injury which immediately caused a compound fracture of both legs. This compelled the amputation of both legs at points above each knee. Claimant was twenty-nine years of age at the time.

Prior to the accident, claimant had been earning an average wage of $76.61 per week. Section 306(a) of the Workmen’s Compensation Act of 1915, June 2, P. L. 736, as amended to the date of the accident, 77 P.S. §511,1 granted (in the then effective schedule) [508]*508compensation for total disability at a maximum of $30 per week, but not to exceed two-thirds of claimant’s prior wage, payable for a maximum period of 700 weeks (after a waiting period of seven days following the accident).

Accordingly, after the accident, the parties entered into a workmen’s compensation agreement, providing for payment of compensation at $30 per week. This amount was paid for 430 weeks from August 28, 1952 (one week after the accident), until November 23, 1960. However, during this time, claimant participated in a remarkable rehabilitation program which was a cooperative undertaking by claimant and the workmen’s compensation carrier for the employer.

After preliminary discussion with claimant to determine his suitability as a candidate for industrial rehabilitation from the viewpoint of interest and mental attitude, defendant’s carrier brought claimant to its rehabilitation center in Boston in November of 1952. Rehabilitation efforts there included both psychological preparation and extensive physical treatment, training and guidance by orthopedists, physical therapists and occupational therapists to assist claimant in compensating for his devastating physical handicap. Claimant was initially given boots in each of which was incorporated an articulating or movable foot to increase their utility. He was trained in the use of these initial prosthetic devices during his first stay at the center, which lasted until February, 1953, and “he became extremely agile” and “self-sufficient in the use of these boots.” He returned to the rehabilitation clinic in September, 1953, and obtained new prostheses in the form of full-length artificial legs.2

[509]*509Claimant succeeded in adapting himself to his severe handicap and resumed employment with defendant on January 28, 1954. He was given a job as inspector in defendant’s wire and cable division, the duties of the job being: “Under supervision to inspect wire and cable in various stages of process; to interpret specification charts and detailed drawings; to inspect material and processes on the following equipment : tube insulators, stranders, bunchers, and similar types of equipment; to check the following when applicable against physical specification requirements: diameter of copper, number of strands, diameter overall; thickness of insulation; length and direction of lay, copper and conductor or tape.”3

Defendant’s personnel manager testified that this work required “limited phsyical effort,” but “continuous visual attention and mental alertness.” The “fatigue factor” was not great, since the work involved “light handling, not continuous.” However, this was not an artificially created job, intended simply to give claimant some form of work. To the contrary, this very job classification was in existence prior to the time he handled it and was performed by other employees. The same witness testified that claimant performs his work “without any undue or unreasonable assistance,” he does not receive any more assistance than any other inspector, and claimant has “a very good work record. . . . His record indicates in all factors of quality, quantity, etc., he has been conscientous and has done a good job.” Claimant’s job is not temporary, but is likely to continue. He works a regular weekly period of five days at eight hours per day. He drives his own automobile to work, places it in a park[510]*510ing space at the plant, and from that parking area walks to his job without assistance.

Although at the time of the accident claimant was earning a wage of $1.54 per hour, as of the date of the hearing before the referee (October 18, 1961), the wage for his former job was $1.98 per hour. However, the job as inspector, which claimant is successfully able to perform and at which he earns his wages, pays considerably more. From his initial rate on January 28, 1954, of $1.82 per hour, he received five increases, the last four all reaching amounts higher than even the increased molding machine operator’s rate in force at the time of the hearing. For four years prior to the hearing (since September, 1957), claimant had been earning wages at the rate of $2,275 per hour, or $ .735 per hour higher than his wage at the time of the accident.4

Defendant continued to pay workmen’s compensation to claimant under the original agreement at the maximum rate of $30 per week in accordance with the Act, even after claimant returned to work in 1954. These payments were continued until November 23, 1960, which was the date of expiration of the 430 week period.

Under Section 306(c) of the Act (77 P.S. §513), the loss of one leg entitles a claimant to 215 weeks of compensation.5 Hence, defendant reasoned that the loss of two legs would entitle the claimant here to payment for twice that period, or 430 weeks, which was in fact paid. Claimant received total compensation payments, aside from the medical and hospital care cost and the [511]*511further cost of rehabilitation at the clinic, in the amount of $12,900.

Defendant then filed a petition to suspend further payment, rather than a petition to terminate. The theory of the petition was that claimant regularly had been earning sums in excess of his wages at the time of the accident and that having been paid all the compensation provided under the specific schedule set forth in Section 306(c) for the loss of two legs, he was entitled to no further compensation unless disability extended beyond the loss of two legs and is to be considered total under a further provision of Section 306(c). That provision states: “Unless the hoard shall otherwise determine, the loss of both hands or both arms or both feet or both legs or both eyes shall constitute total disability to be compensated according to the provisions of clause (a).”6 (Emphasis supplied.)

For total disability, the Act in Section 306(a) provided for the payment of a maximum of 700 weeks of compensation not to “exceed in the aggregate the sum of twenty thousand dollars.”7 Section 306(d) (77 P.S. §513) then provided that the period of payment of compensation for total disability and the specific periods for the losses mentioned in clause (c) shall run concurrently.

The workmen’s compensation referee, after taking testimony, found that because of the loss of both legs, claimant was totally disabled.

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

Related

Arnold v. Workers' Compensation Appeal Board
110 A.3d 1063 (Commonwealth Court of Pennsylvania, 2015)
Fields v. Workers' Compensation Appeal Board
104 A.3d 79 (Commonwealth Court of Pennsylvania, 2014)
Allegheny Power Service Corp. v. Workers' Compensation Appeal Board
954 A.2d 692 (Commonwealth Court of Pennsylvania, 2008)
Scapellato v. Workmen's Compensation Appeal Board
671 A.2d 1196 (Commonwealth Court of Pennsylvania, 1996)
Arena v. Packaging Systems Corp.
507 A.2d 18 (Supreme Court of Pennsylvania, 1986)
Centennial School District v. Commonwealth, Department of Education
503 A.2d 1090 (Commonwealth Court of Pennsylvania, 1986)
United States Steel Corp. v. Commonwealth
427 A.2d 727 (Commonwealth Court of Pennsylvania, 1981)
Model Laundry & Dry Cleaning v. Simmons
596 S.W.2d 337 (Court of Appeals of Arkansas, 1980)
Vovericz v. Commonwealth
398 A.2d 734 (Commonwealth Court of Pennsylvania, 1979)
Commonwealth v. Merrill
391 A.2d 1132 (Commonwealth Court of Pennsylvania, 1978)
Killian v. Heintz Div. Kelsey Hayes
360 A.2d 620 (Supreme Court of Pennsylvania, 1976)
Workmen's Compensation Appeal Board v. Hartlieb
348 A.2d 746 (Supreme Court of Pennsylvania, 1975)
Billet v. Keystone Roofing Manufacturing Co.
291 A.2d 921 (Commonwealth Court of Pennsylvania, 1972)
Barrett v. Otis Elevator Co.
246 A.2d 668 (Supreme Court of Pennsylvania, 1968)
Carpinelli v. Penn Steel Castings Co.
227 A.2d 912 (Superior Court of Pennsylvania, 1967)
Hauptle v. Bausch & Lomb Optical Co.
212 A.2d 902 (Superior Court of Pennsylvania, 1965)
Evans v. Atlantic Steel Castings Co.
212 A.2d 845 (Superior Court of Pennsylvania, 1965)
Baum Estate
211 A.2d 521 (Supreme Court of Pennsylvania, 1965)
Lackman v. F. W. Woolworth Co.
208 A.2d 33 (Superior Court of Pennsylvania, 1965)

Cite This Page — Counsel Stack

Bluebook (online)
200 A.2d 871, 414 Pa. 505, 1964 Pa. LEXIS 588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/symons-v-national-electric-products-inc-pa-1964.