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DONALD E. BAILEY v. WORKMEN'S COMPENSATION APPEAL BOARD (LAWTON FEED & SUPPLY (03/27/87)

decided: March 27, 1987.

DONALD E. BAILEY, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (LAWTON FEED & SUPPLY, INC.), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board, in case of Donald E. Bailey v. Lawton Feed & Supply, Inc., No. A-89348.

COUNSEL

William C. Price, Jr., with him, David C. Martin, Jr., for petitioner.

Edward G. Kuyat, Jr., Kuyat & Walker, for respondent, Lawton Feed & Supply, Inc.

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

Author: Palladino

[ 105 Pa. Commw. Page 107]

Donald E. Bailey (Petitioner) appeals from the order of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's order granting a Modification Petition.

In July, 1977, Petitioner, a cement truck driver for Lawton Feed & Supply, Inc. (Employer), sustained a compensable injury when his right hand became caught in a cement chute severely injuring three of his four

[ 105 Pa. Commw. Page 108]

    fingers. Petitioner was placed on disability and received workmen's compensation benefits until his return to work in June, 1978. Because cold weather caused Petitioner to experience pain and stiffness in his injured hand, he was also placed on total disability during the winter and early spring months of each year through 1984.

In September, 1983, the Employer filed a Petition for Modification contending that as of August 23, 1983, Petitioner's injury had resolved into the permanent loss of use*fn1 of his right four fingers. A hearing was held and the referee found in pertinent part:

9. Claimant's thumb and four fingers are completely intact and no part of them has been severed or amputated.

10. After considering all of the medical evidence presented, claimant has lost the use of his first, second and third fingers for all practical intents and purposes. Furthermore, since the third and fourth fingers generally work together, claimant has also lost ...


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