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COMMONWEALTH PENNSYLVANIA v. WORKMEN'S COMPENSATION APPEAL BOARD (HOCKENBERRY) (06/10/87)

decided: June 10, 1987.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION AND STATE WORKMEN'S INSURANCE FUND, PETITIONERS
v.
WORKMEN'S COMPENSATION APPEAL BOARD (HOCKENBERRY), RESPONDENTS



Appeal from the order of the Workmen's Compensation Appeal Board, in case of Stephen J. Hockenberry v. Penn Dot, No. A-90298.

COUNSEL

Catherine A. Blue, Assistant Chief Counsel, with her, Paul J. Dufallo, for petitioner, Department of Transportation.

John W. McTiernan, for respondent.

Judges Craig and Doyle, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.

Author: Barbieri

[ 106 Pa. Commw. Page 512]

Before us in this workmen's compensation case is the petition of State Workmen's Insurance Fund (SWIF), appealing from an order of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's decision that included in an award for disfigurement, compensation for the first seven days of disability suffered by Stephen J. Hockenberry, Claimant. We affirm.

The issue here is one of statutory construction. Awards for disfigurement are authorized under subsection (22) of Section 306(c) of The Pennsylvania Workmen's

[ 106 Pa. Commw. Page 513]

Compensation Act (Act),*fn1 77 P.S. § 513. The initial paragraph of Section 306(c) reads

For all disability resulting from permanent injuries of the following classes, the compensation shall be exclusively as follows: . . . (Emphasis added.)

The precise question for our determination is whether Claimant suffered more than fourteen days of "disability" required in order to warrant the payment for the first week of disability under the terms of Section 306(c)(e), 77 P.S. § 514, which reads:

No compensation shall be allowed for the first seven days after disability begins, except as provided in this clause (e) and clause (f) of this Section. If the period of disability lasts fourteen days or more, the employe shall also receive compensation for the first seven days of disability.

The uncontradicted facts establish that Claimant was injured on June 27, 1984, sustaining the disfigurement for which the referee fixed the benefit period of eight weeks. Claimant had also suffered total disability from the injury for the period June 28, 1984 to and including July 8, 1984, ...


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