204 Pa. Super. 465 | Pa. Super. Ct. | 1964
Opinion by
This is a workmen’s compensation case. The claimant has appealed from an order of the County Court of Allegheny County, dated February 6, 1964, which affirmed an order of the Board directing the employer to pay compensation for a period of one hundred and eighty weeks for the specific loss of claimant’s lower right leg, plus twenty-five weeks healing period. It will be necessary to recite the factual and procedural situation in some detail.
Walter I. Groncki was employed as a trackman by the Allegheny Pittsburgh Coal Company. On February 18, 1955, he was struck by falling roof coal, and sustained a “fractured right ankle and laceration of leg”. On March 11, 1955, an open agreement was executed calling for payment of compensation for total
The difficulty with claimant’s contention is that the modification petition was filed on October 14, 1960, and the status of the compensation agreement was altered as of that' date by the ultimate modification in accordance with the employer’s theory. Claimant may not take advantage of the time involved in litigation to secure an award greater than that to which he is entitled under the statute. Where an employe has lost the use of a leg as the result of a compensable accident, he is not entitled to additional compensation for total disability under Section 306(a) of the act unless the injury extends beyond the leg: Wills v. Stineman Coal
We have not overlooked the fact that this accident occurred prior to the amendment of February 28, 1956, P. L. (1955) 1120, which inserted the twenty-five weeks healing period in Section 306(c) of the act. Compensation is to be awarded under the provisions of the statute in effect on the date of the accident: Schrecengost v. Heilman Trucking Co., 174 Pa. Superior Ct. 299, 101 A. 2d 417. However, the employer has raised no question in this regard, and has in fact paid claimant compensation for a total period of two hundred and fifteen weeks covering the loss of the entire leg. We also note with approval, as did the Board, the offer of the employer “to supply the claimant with an artificial limb”.
Order affirmed.
The Pennsylvania Workmen’s Compensation Act of June 2, 1915, P. L. 736, 77 P.S. Section 1 et seq.