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JAMES PHILLIPS v. WORKMEN'S COMPENSATION APPEAL BOARD AND UNITED STATES STEEL CORPORATION (12/05/74)

decided: December 5, 1974.

JAMES PHILLIPS, APPELLANT,
v.
WORKMEN'S COMPENSATION APPEAL BOARD AND UNITED STATES STEEL CORPORATION, APPELLEES



Appeal from the Order of the Workmen's Compensation Appeal Board in case of James Phillips v. U.S. Steel Corporation, No. A-67164.

COUNSEL

Roland J. Artigues, with him Galfand, Berger, Senesky, Lurie & March, for appellant.

Richard F. Lerach, with him James D. Strader and James N. Diefenderfer, for appellees.

Judges Wilkinson, Jr., Rogers and Blatt, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 16 Pa. Commw. Page 7]

This is a workmen's compensation case.

The appellant, a claimant, sustained a laceration of the pad of the first phalange of his right middle finger. Five stitches were required to close the wound. The claimant lost no time from work and has suffered no loss of earning power. He can perform his work as an electrician and is able to tie his shoes, button his shirts and otherwise use the right hand normally except that he is not quite able to make a complete fist. A physician found that the claimant suffers a 19% impairment of the function of the distal interphalangeal joint. The appellant seeks compensation for loss of use of one-half

[ 16 Pa. Commw. Page 8]

    of the finger. A referee and the Workmen's Compensation Appeal Board denied benefits. We affirm.

The following provisions of The Pennsylvania Workmen's Compensation Act*fn1 are involved.

Section 306(c)(15), 77 P.S. ยง 513(15) (Supp. 1974-1975)

"The loss of any substantial part of the first phalange of a finger, or an amputation immediately below the first phalange for the purpose of providing an optimum surgical result, shall be considered loss of onehalf of the finger. Any ...


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