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MARY E. REED v. COMMONWEALTH PENNSYLVANIA (06/24/80)

decided: June 24, 1980.

MARY E. REED, WIDOW OF JAMES T. REED, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND STORK DIAPER SERVICE, INC., RESPONDENT



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Mary E. Reed, widow of James T. Reed v. Stork Diaper Service, Inc., No. A-72313.

COUNSEL

David F. Kaliner, for petitioner.

Lowell A. Reed, Jr., with him Patricia A. Mattern, Rawle & Henderson, for respondent, Stork Diaper Service, Inc.

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

Author: Mencer

[ 52 Pa. Commw. Page 326]

On July 3, 1974, James T. Reed, now the deceased husband of Mary E. Reed (claimant), sustained a work-related and compensable injury which resulted

[ 52 Pa. Commw. Page 327]

    in the amputation of his right leg above the knee. In this workmen's compensation case, the decedent was awarded a specific loss benefit to cover a period of time of 410 weeks plus a 25-week healing period.

On June 12, 1975, the decedent suffered an amputation of his lower left leg, as a result of his first injury. A supplemental agreement for compensation under date of March 26, 1976 was entered into by decedent and his employer, Stork Diaper Service, Inc. One of the provisions of that supplemental agreement was that the loss of both of decedent's legs "shall constitute total disability, unless the [Workmen's Compensation] Appeal Board otherwise determines." The Workmen's Compensation Appeal Board (Board) did not "otherwise determine" and the decedent was paid total disability benefits until his death of an unrelated cause on July 15, 1976.

Thereafter, the claimant, widow of James T. Reed, filed a petition to review existing compensation agreement, seeking to obtain further compensation benefits for the specific losses suffered by her husband. The referee awarded the claimant the balance of the specific loss payments but, on appeal, this award was reversed by the Board. This appeal followed*fn1 and we affirm.

The Pennsylvania Workmen's Compensation Act (Act)*fn2 provides for three classifications for compensation,

[ 52 Pa. Commw. Page 328]

    to a claimant, since its payment is not limited to a term of weeks as ...


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