Davis v. Workmen's Compensation Appeal Board
Davis v. Workmen's Compensation Appeal Board
Opinion of the Court
Opinion by President
A Workmen's Compensation Appeal Board (Board) referee directed Olsten Temporary Services (Olsten) to pay certain medical costs of Jerome Davis. The Board modified that decision. Davis appeals; we affirm.
Davis, a driver for Olsten, sustained facial scars after a work-related vehicular accident. He petitioned for, and was awarded, temporary total disability benefits and a serious and permanent disfigurement award
After a hearing, the same referee directed Olsten to pay for the surgery.
Davis argues that the Board based its decision on incorrect facts, i.e., it assumed he sought compensation for purely cosmetic surgery. He contends that a claimant is entitled to compensation for surgery to correct an
In Campbell, the claimant suffered a disfiguring eye injury. It was not determined at that time whether the injury would result in the loss of the. eye. We held that the potential right to pursue specific loss benefits under Section 306(c)(7) of the Act
Here, Davis was aware of the beneficial aspects of surgery before pursuing a permanent disfigurement award.
In affirming the Boards modification, we are merely reiterating the Acts intent to prevent a double recovery. As Olsten suggests, Davis is free to elect the surgery and, under the modification, the employer would provide all costs of the surgery in excess of the award. We believe that result is consistent with the Act, and therefore, affirm the order of the Board.
Order
The order of the Workmen's Compensation Appeal Board, No. A-92464 dated August 25, 1987, is affirmed.
In affirming, we note that our scope of review is limited to a determination of whether the Board erred as a matter of law, violated constitutional rights, or whether its findings of fact are supported by substantial evidence. Mercy Catholic Medical Center v. Workmen's Compensation Appeal Board (Fry), 114 Pa. Commonwealth Ct. 218, 538 A.2d 636 (1988).
After the parties agreed to a seven-week disability period, the referee awarded Davis forty-five weeks of disfigurement benefits. Neither party appealed the referees award.
Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §513(22).
In addition, the referee awarded Davis costs and fees.
77 P.S. §513(7).
We are mindful that in Campbell and Republic Steel v. Workmen's Compensation Appeal Board (Deppenbrook), 82 Pa. Commonwealth Ct. 596, 476 A.2d 989 (1984), we held that .Section 306(f)(4) of the Act does not require a claimant refusing surgery and opting for a disfigurement award to forfeit all rights to compensation arising from the work-related injury. Here, Davis retains all rights to future compensation for the injury; however he is not entitled to twice recover for one scar.
Deposition of Dr. Castillo, 11/18/83, p. 11.
Id. at pp. 18-19.
Id.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.