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WILLIAM B. KLINE AND RENEE KLINE v. ARDEN H. VERNER COMPANY (10/13/82)

submitted: October 13, 1982.

WILLIAM B. KLINE AND RENEE KLINE, APPELLANTS,
v.
ARDEN H. VERNER COMPANY, ARDEN H. VERNER, ARDEN H. VERNER COMPANY, INC. AND ARDEN H. VERNER T/A PAINTERS, INC. AND T/A PAINTERS, INC.



No. 832 Pittsburgh, 1981, Appeal from Order of the Court of Common Pleas, Civil Division, of Allegheny County, No. GD80-14068

COUNSEL

Thomas Kovalchick, Arnold, for appellants.

Fred C. Trenor, II, Pittsburgh, for appellees.

Wieand, Beck and Montgomery, JJ.

Author: Wieand

[ 307 Pa. Super. Page 575]

William B. Kline, employed as a painter, was injured in a work related fall from a ladder. He was unable to work for approximately a month and received workmen's compensation benefits for that period. He sustained injuries to the pelvic region characterized as "priap[i]sm secondary to perineal trauma" which resulted in loss of the functional use of his penis. Because this is not among the enumerated specific losses compensable under Section 306 of the Pennsylvania Workmen's Compensation Act, as amended,*fn1 Kline commenced an action in trespass against the employer, Arden H. Verner Company, alleging permanent injury caused by the negligence of a fellow employee. The trial court entered summary judgment for the employer, and this appeal followed. We affirm.

Section 303 of the Workmen's Compensation Act, as amended and re-enacted by the Act of December 5, 1974, P.L. 782, No. 263, § 6(a), 77 P.S. § 481(a), provides:

The liability of an employer under this act shall be exclusive and in place of any and all other liability to such employes, his legal representative, husband or wife, parents, dependents, next of kin or anyone otherwise entitled to damages in any action at law or otherwise on account of any injury or death as defined in section 301(c)(1) and (2) or occupational disease as defined in section 108. (Footnotes omitted.)

Appellant has been compensated under the provisions of the Workmen's Compensation Act. He has been paid by his employer the full benefits to which he is entitled. His contention that he should be permitted to maintain an action at law because the permanent impairment which he has

[ 307 Pa. Super. Page 576]

    sustained is not otherwise specifically compensable is untenable. When an employee sustains injuries which bring him within the Workmen's Compensation Act, the amount he is to be compensated depends upon the provisions of the Act. That compensation is his exclusive remedy. Its exclusivity is not destroyed and the employee does not acquire additional remedies merely because the provisions of the Act fail to provide what he deems to be adequate or full compensation for injuries sustained.

In Scott v. C.E. Powell Coal Co., 402 Pa. 73, 166 A.2d 31 (1960), an employee sustained a compensable injury which left him with a permanent loss of the senses of taste and smell. He sought to maintain an action in trespass to recover for the permanent loss of these senses but made no claim for medical expenses or loss of earnings. He contended that because the loss of the senses of taste and smell was not among the enumerated specific losses compensable by a fixed amount irrespective of actual disability, he could recover damages therefor in an action of trespass. The Supreme Court rejected this argument and refused to allow the action, noting the anomaly that would result from a contrary holding:

If we were to adopt the appellant's argument it would be necessary to establish two standards for those employees, all parties to the same workmen's compensation agreement, who lose their senses of taste and smell as a result of accidental injuries. The injured worker whose salary was diminished as a result of the loss of his senses of taste and smell would be limited to recovery under the provisions of the Workmen's Compensation Act, whereas the injured employee, whose loss of the senses of taste and smell in no way impairs his earning capacity, would be permitted to bring an ...


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