275 Pa. 225 | Pa. | 1922
Opinion by
Claimant was injured on the right ankle. The X-ray /ví>late indicates a disease of the tibia, with the loss of bone substance. There is a scar on both the inside and outside of the ankle; its general appearance at the pres
Part1 of the testimony is as follows: “Q. Doctor, would you say from your examination that this man has lost the use of his right foot? A. Yes, he has practically lost the use of it for that line of work. He has a permanent deformity, permanent injury there, that would handicap Mm to a large degree in following his usual occupation as a miner......I think he ought to be at work and gradually break himself to work with that other foot without a cane, with a properly fitted shoe, reinforced with a brace, so as to make absolutely secure that-joint from any sudden twist or jar. The injury is confined to the lower end of the tibia. It did not involve t'he long bones of the foot, — the tarsal bones.”
These are the facts we have before us relative to the Claim allowed by the board for partial disability. Ap
When the injury happened it could be well regarded as one of partial or total disability, if it had the effect of requiring him to desist from labor to effect a cure. The wound was of a temporary character, with a possibility either of improving and entirely healing, or, as it did, of lapsing into a different condition, i. e. permanent, causing the loss of the use of a foot. This condition developed, as appears from the evidence, during the 150-week period, and while compensation was being made under section 306 (a). Claimant was then entitled to an award for the loss of the use of a foot. The first order, however, remained in effect, and, after 150 weeks had' elapsed, appellant petitioned for an annulment or termination of this order, as it had the right to do, but1 the court below continued the referee’s order for partial disability, or “until the appellant provides the claimant1 with such light work as he is able to perform so that then his loss of earning power may be determined.” This, under the facts, was error.
When the original award was determined, claimant was incapacitated for labor; consequently appellant could not object to the form of the award; but it is certain the Compensation Act contemplated this disability may cease, or a different condition arise, as in this case. It surely was not the intention to require payment for 500 weeks if disability has ended, or if it is controlled by 306 (c). When an award is made for total disability, and. it disappears, no further payment need be made under paragraph 306 (a), even though twenty weeks, more or less, is all that has been paid for. The act reads: “Nothing in this clause shall require the payment of compensation after disability shall cease.” But if total disa
So, if the injury or wound becomes permanent, causing the loss of the use of a member named in 306 (c) — the foot or ankle has healed and will be permanent1 in its present condition — for all disability to such member, resulting from such permanent injury, compensation shall be “exclusively” as provided in 306 (c).
No other part of the body was affected by this injury; that the claimant uses crutches or a cane may be the normal result of the loss of the use of the member named. That' it is painful to walk or use his foot under certain conditions is likewise within the term “all disability resulting from permanent injury.” Had this claimant acted in good faith, he would have been able to work before the end of the 150-week period, and would have, been •entitled to full compensation, under 306 (c), for the loss of the use of a foot. His own conduct brought on the continuing disability he complains of; the board should be careful to guard against claims arising from malingering in administering the beneficial purposes of the act. If court's do not give effect to the purpose of the law as intended by the legislature, stated in Lente v. Luci, 275 Pa. 217, the compensation in section 306 (c) must be added to the other paragraphs, or we must omit the paragraph from consideration and treat only of paragraphs (a) and (b); this was not the purpose of the legislature. By following the spirit of the act, we reach an equitable conclusion, fair to both employer and employee.
For a more extended analysis of the thought here expressed, attention is called to the opinion this day handed down in Lente v. Luci [t'he preceding case], where this case is properly ruled by the principles there laid down.
The order of the court below is reversed, and it is directed that an order be made allowing compensation under section 306 (c) forthelossof the use of afoot; payments to be made (if not already made) for the period there named; costs to be paid by appellee.