Appeal from the Order of the Workmen's Compensation Appeal Board in case of Paul E. Deppenbrook v. Republic Steel Corporation, No. A-81787.
Scott E. Becker, Thomson, Rhodes & Grigsby, for petitioner.
Leonard P. Kane, Jr., Fried, Kane, Walters & Zuschlag, for respondents.
Judges Craig, Barry and Palladino, sitting as a panel of three. Opinion by Judge Palladino.
[ 82 Pa. Commw. Page 598]
Republic Steel Corporation (Petitioner) appeals from an order of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's order awarding workmen's compensation to Paul E. Deppenbrook (Claimant) for serious and permanent disfigurement under Section 306(c)(22) of The Pennsylvania Workmen's Compensation Act (Act).*fn1 We affirm.
Claimant was employed by Petitioner as a scrap shear operator when, on September 19, 1978, he sustained injuries to his face when he was struck by a steel bar. Claimant lost no compensable time from work as a result of the injury. All medical expenses incurred as a result of the injury were paid by the Petitioner. Claimant filed a claim petition alleging disfigurement as a result of facial scarring and a distorted nose suffered in the accident at work.
At the hearing, the scarring of Claimant's face was described by the referee in the presence of Petitioner's counsel without objection as:
[ 82 Pa. Commw. Page 599]
10. That as a result of the September 19, 1978 injury the Claimant sustained serious and permanent facial disfigurement of an unsightly nature which is not usually incident to his employment consisting of a light pigmented scar approximately 1/2 inch in width and in excess of 1 inch in length located on the outer edge of the right eyebrow. In addition the claimant's nose is distorted and there is a change in its contour, there is a pink pigmented scar on the right side of the nostril and a raised area on the bridge of the nose.
The referee awarded Claimant forty-eight weeks compensation. Petitioner appealed to the Board which affirmed the referee.
In order to receive an award pursuant to Section 306(c)(22) of the Act, a claimant must establish that his disfigurement (1) is serious and permanent, (2) results in an unsightly appearance and (3) is not usually incident to his employment. Purex Corp. v. Workmen's Compensation Appeal Board, 66 Pa. Commonwealth Ct. 499, 502, 445 A.2d 267, 269 (1982). Where, as here, the party with the burden of proof prevails before the compensation authorities, our scope of review is limited to a determination of whether constitutional rights were violated, an error of law was committed, or the findings of fact were not supported by ...