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HAROLD ELLIOTT v. WORKMEN'S COMPENSATION APPEAL BOARD (DAILY INDUSTRIES (10/21/83)

decided: October 21, 1983.

HAROLD ELLIOTT, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (DAILY INDUSTRIES, INC.), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Harold Elliott v. Daily Industries, Inc., No. A-81667.

COUNSEL

David B. Keeffe, Desisti & Keeffe, P.C., for petitioner.

J. W. Schmitthenner, Epstein & Schmitthenner, for respondent, Daily Industries, Inc.

Judges Rogers, Williams, Jr. and Craig, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 77 Pa. Commw. Page 647]

A workmen's compensation claimant has appealed from an order of the Workmen's Compensation Appeal Board upholding a referee's grant of his employer's petition for modification of a notice of compensation payable. The referee ordered that the claimant, who was receiving compensation for total disability, be paid the compensation for the specific loss of one eye provided by Section 306(c) of The Pennsylvania Workmen's Compensation Act, Act of December 5, 1974, P.L. 782, as amended, 77 P.S. § 513, and that the employer should have credit for the temporary total disability benefits that it had paid to the claimant.

The issue of the case is that of whether a claimant who suffered an injury to an eye which resulted in the loss of the eye, but who sustained no injury to any other part of his body, may have the temporary total disability benefits received under a notice of compensation payable in addition to specific loss benefits under Section 306(c) of the Act when there has been no finding as to the time when the injury resolved itself into the specific loss of the eye. Section 306(c) provides:

For all disability resulting from permanent injuries of the following classes, the compensation shall be exclusively as follows:

(7) For the loss of an eye, sixty-six and two-thirds percentum of wages during two hundred seventy-five weeks.

(25) In addition to the payments hereinbefore provided for permanent injuries of the classes specified, any period of disability necessary and required as a healing period shall be

[ 77 Pa. Commw. Page 648]

    compensated in accordance with the provisions of ...


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