Opinion
April 16, 1963.
June 12, 1963.
Workmen's Compensation — Total disability — Loss of both legs — Payment of compensation during specific loss period — Claimant employed without loss of wages — Discretion of board to determine total disability — Evidence — Workmen's Compensation Act.
In a workmen's compensation case, in which it appeared that claimant suffered an accidental injury which resulted in the amputation of both legs at points above each knee; that a compensation agreement was entered into between the parties, providing for payment for total disability; that even though claimant returned to work, without loss of wages, compensation payments at a total disability rate were continued until the expiration of 430 weeks from the date of the accident (the period covering the specific loss of two legs, as set forth under § 306(c) of the Workmen's Compensation Act, as amended); that the employer filed a petition to suspend further compensation payments to claimant, after the expiration of the 430 week specific loss period, until such time as claimant's disability reflected itself in a loss of earning capacity; that the board granted the petition to suspend; and that the court below, holding that under § 306(c), subsection 24 (which provides, in part, that, unless the board shall otherwise determine, the loss of both legs shall constitute total disability), the board had discretion to determine in each case whether or not claimant was in fact totally disabled as a result of the injury, and that the board's decision and findings were based upon competent and substantial evidence sufficient to sustain its findings, sustained the decision of the board; it was Held that the order of the court below should be affirmed.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeal, No. 22, April T., 1963, from order of Court of Common Pleas of Beaver County, June T., 1962, No. 135, in case of Richard C. Symons, Jr. v. National Electric Products, Inc. Order affirmed.
Same case in court below: 30 Pa. D. C. 2d 112.
Appeal by claimant from decision of Workmen's Compensation Board suspending compensation payments.
Order entered dismissing appeal and suspending payments until such time as disability is reflected in earning power, opinion by McCREARY, P.J. Claimant appealed.
Myron E. Rowley, with him Ralph E. Smith, James E. Rowley, and Rowley, Smith Rowley, for appellant.
Clem R. Kyle, for appellee.
Argued April 16, 1963.
The order of the Court of Common Pleas of Beaver County is affirmed on the able opinion of President Judge McCREARY, for the court below, reported at 30 Pa. D. C. 2d 112.