12 Pa. Commw. 530 | Pa. Commw. Ct. | 1974
Opinion by
This is an appeal filed by Lebanon Steel Foundry and Pennsylvania Manufacturers’ Insurance Company, Insurance Carrier (Lebanon) from an order of tbe Workmen’s Compensation Appeal Board (Board) dated
There is no dispute as to the facts. On May 1, 1971, Kiscaden, while in the course of his employment, injured his right hand while drilling stripping pin holes. The record indicates that he suffered a specific injury to the proximal interphalangeal joint of the right ring finger, and as a result, now suffers a permanent stiffness and partial loss of motion. Although Kiscaden received medical treatment, he incurred no loss of work and no loss of wages. The record discloses the following summary made by the physician who treated him: “In short, it is my opinion that this patient has incurred an Industrial Loss on the basis of my findings which are confirmed with the x-ray examination. It is a well known fact that the whole hand cannot function with the same strength and stability if any one of several joints are involved with limitation of motion as I have described.”
After hearing, the referee disallowed compensation after finding that although Kiscaden had suffered a work-related accident and injury resulting in “approximately 50 percent” limited range of motion, he had not suffered a total loss of the use of the finger. Upon appeal to the Board, Kiscaden personally appeared, and the Board viewed the injured finger. Thereafter the Board issued its adjudication wherein it amended the referee’s findings and found that Kiscaden had lost the use of one half of his injured finger. In Lebanon’s appeal to this Court, it presents the rather narrow issue of whether the Board could reverse the findings of the referee in light of the holding of this Court in Universal Cyclops Steel Corporation, et al. v. Krawsczynski, 9 Pa. Commonwealth Ct. 176, 305 A. 2d 757 (1973). Universal Cyclops held that since May 1, 1972, which is the effective date of the most recent amendments to the
The most recent amendment to the Act at 77 P.S. §513(24) states in pertinent part: “Permanent loss of the use of a . . . finger . . . shall be considered as the equivalent of the loss of such . . . finger. ...”
In Sims v. American Can Company, 6 Pa. Commonwealth Ct. 423, 296 A. 2d 290 (1972), this Court stated: “Section 306(c) [77 P.S. §513] should be so construed that every reasonable intendment of its express language should be upheld in behalf of the employee. Ciotti v. Jarecki Manufacturing Co., 128 Pa. Superior Ct. 233, 193 A. 323. The Workmen’s Compensation Act, 77 P.S. §1 et seq., is remedial and is to receive a liberal construction. Ottavi v. Timothy Burke Stripping Company, 140 Pa. Superior Ct. 389, 14 A. 2d 188.” 6 Pa. Commonwealth Ct. at 425, 296 A. 2d at 291.
Based upon the case of Bush v. Keystone Carbon Company, 211 Pa. Superior Ct. 422, 236 A. 2d 231 (1967), Lebanon contends that Kiscaden had the bur
Obdeb
And Now, this 27th day of March, 1974, it is hereby ordered that judgment be entered on behalf of Jack L. Kiscaden and against Lebanon Steel Foundry and/or Pennsylvania Manufacturers’ Association Insurance Company, whereby they are directed to pay to Jack L. Kiscaden, in addition to the medical expenses already paid, workmen’s compensation benefits at the rate of $60.00 per week for a period of ten weeks beginning May 1, 1971, together with interest at the rate of six percent per annum on all deferred amounts of workmen’s compensation payable hereunder, with credit to the defendant for any workmen’s compensation already paid.