George Jerko, Indiana, Llewellyn E. Lloyd, Johnstown, for appellant.
Francis A. Dunn, Johnstown, for appellee.
Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, Arnold and Gunther, JJ.
[ 170 Pa. Super. Page 447]
On December 15, 1942, appellant's right leg was crushed in a coal mine accident. An open compensation agreement was executed December 28, 1942, under which payments for total disability were made for 179 weeks at $18 a week. On June 4, 1946, the employer petitioned for a modification and the referee modified the agreement to provide payments for a 55%
[ 170 Pa. Super. Page 448]
partial disability as of May 27, 1946. Payments at the rate of $11.79 were made for the remainder of the 300 week period which ended on September 20, 1948, when appellant signed the final receipt. He received a total of $4,648.59.
A sinus condition developed at the site of the fracture of the right tibia and on September 7, 1949, he was hospitalized for treatment. On October 14, 1949, the right leg was amputated 6-1/2 inches distal to the knee joint. By December 12, 1949, the stump was completely healed and appellant was discharged from the hospital. Appellant's injury was confined to the right leg area and no other organs or parts of his body were affected. On January 9, 1950, almost 16 months after the last payment of compensation, he petitioned for an order to set aside his final receipt and for reinstatement of compensation, claiming that the amputation entitled him to additional payments as for a total disability from September 7, 1949 to December 12, 1949. The compensation authorities, affirmed by the court below, denied his claim, and this appeal followed. The judgment will be affirmed.
The Workmen's Compensation Act, § 306, as amended by the Act of June 21, 1939, P.L. 520, § 1, 77 P.S. § 511, et seq., which was in force when the accident occurred, provides compensation for (a) total disability for a maximum period of 500 weeks, (b) partial disability for not more than 300 weeks, and (c) permanent injuries to certain parts of the body. For the loss of a foot the compensation under (3) is 66-2/3% of wages for 150 weeks, and amputation between the knee and ankle is equivalent to the loss of a foot. For the permanent injuries classified in clause (3) the compensation therein provided is exclusive and covers 'all disabilities' resulting therefrom; and the compensation provided in (a), (b) and (c) 'run concurrently.'
[ 170 Pa. Super. Page 449]
See Moran v. Glen Alden Coal Co., 154 Pa. Super. 608, 36 A.2d 845.
Had the leg been amputated immediately or shortly after the accident or during the 300 or 500 week period thereafter ensuing, appellant's claim would have been limited to the compensation provided by § 306(c). Sharcheck v. Beaver Run Coal Co., 275 Pa. 225, 119 A. 135; Croll v. Miller, 133 Pa. Super. 448, 2 A.2d 527; Flood v. Logan Iron & Steel Co., 136 Pa. Super. 101, 5 A.2d 621; Maher v. New Castle Grocery Co., 138 Pa. Super. 310, 10 A.2d 837; Hayden v. Stony Spring Coal Co., 157 Pa. Super. 423, 43 A.2d 384; Demin v. Yellow Cab Co., 166 Pa. Super. 199, 70 A.2d ...