93 Pa. Super. 221 | Pa. Super. Ct. | 1928
Argued March 5, 1928. In February, 1923, in the course of employment, claimant's left leg was broken and his right so injured as to require amputation of the foot. Total disability (section 306-a of the compensation act) resulting from the injury ceased 8 months after the tenth day.
For disability resulting from the loss of his right foot he was entitled to compensation for 150 weeks under 306-c. He claimed payment for 8 months total disability under 306-a, and for 150 weeks additional disability under 306-c at the $12 weekly maximum and has judgment for the claim.
Under 306-d compensation is payable after the tenth day except as to clause 306-e not now involved.
Claimant construes the statute as providing compensation according to the severity of the injuries. The purpose of the act was to displace the common law liability for wrong and to substitute a system of redress for industrial accident for which the common law furnished inadequate relief or none at all. *223 Compensation is provided according to a classification of disability stated in the act, and not on the basis of the severity of injury.
Appellant contends that in effect the 150 week disability period provided by 306-c for the loss of a foot includes the 8 month period of disability under 306-a; that the act contains no provision for adding a claim payable for total disability under 306-a to a disability claim payable under 306-c.
Recent decisions support this view. In Baffi v. L.V. Coal Co.,
The order is reversed and the record is remitted with instructions for further proceedings in accordance with this opinion.