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FULLER COMPANY AND NATIONAL UNION FIRE INSURANCE COMPANY PITTSBURGH v. WORKMEN'S COMPENSATION APPEAL BOARD (COLON) (07/24/86)

decided: July 24, 1986.

FULLER COMPANY AND NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, INSURANCE CARRIER, PETITIONERS
v.
WORKMEN'S COMPENSATION APPEAL BOARD (COLON), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Pablo Colon v. Fuller Company, No. A-88457.

COUNSEL

Richard P. Nuffort, Zimmerman, Pfannebecker & Nuffort, for petitioners.

Theodore Baurer, for respondent, Pablo Colon.

Judges MacPhail and Colins, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.

Author: Barbieri

[ 99 Pa. Commw. Page 194]

Before the Court in this workmen's compensation case is an appeal by Fuller Company, Employer, Petitioner, from an order of the Workmen's Compensation Appeal Board (Board) which affirmed the decision of a referee awarding compensation to Pablo Colon, Claimant, for disfigurement under Section 306(c)(22) of The Pennsylvania Workmen's Compensation Act (Act).*fn1 We will affirm.

The facts are undisputed. Claimant suffered his injuries on January 23, 1980 described by the referee in his findings as follows:

4. While he was thus engaged, at or about 12:00 o'clock noon, the stone-grinding wheel with which Claimant was working suddenly and without warning shattered, and the many fragments thereof flew apart, several of them striking Claimant in and about the fact, [sic] one of them even becoming embedded directly into his face.

5. The immediate effects of these many impacts of stone fragments with Claimant's fact [sic] included severe lacerations of the face, with

[ 99 Pa. Commw. Page 195]

    profuse bleeding, for which Claimant was treated in the Emergency Room of Lancaster General Hospital, Lancaster, Pennsylvania, as soon as he could be removed there.

11. Dr. Kean, in his letter report of May 9, 1982, stated: 'These scars are unsightly and disfiguring and they will leave a permanent problem. He reiterated his prognosis as to permanent at his deposition, e.g. :

He will always have a scar.' (N.T., Kean, 22)

'He will have scarring even after (a recommended treatment). . . . If he's not treated, he will just continue looking like he does.' (Id., 24)

'[H]e will always have a scar. He will never be left without a ...


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