Berskis v. Lehigh Valley Coal Co.

Citations

• 273 Pa. 243
• 116 A. 888
• 1922 Pa. LEXIS 557

Syllabus

<p>Workmen’s compensation — Injury to leg — Total disability — Permanent injuries — Glassification of disabilities — Term of weekly payments — Act of June 2, 1915, P. L. 786.</p> <p>1. Where a -workman who has suffered a compound fracture of the leg below the knee, and has been paid under a compensation agreement fifty per centum of his wages for 150 weeks, at the end of which time his leg has not been cured, and his total disability continues, but it does not appear that he has lost his foot, or, permanently, the use of it, his employer cannot maintain that claimant belongs in the class of compensible persons covered by section 306, paragraph (e), of the Act of June 2, 1915, P. L. 736, who have lost a foot or permanently lost the use of a foot, and whose compensation is limited by the act to 150 weeks.</p> <p>2. It is only when the loss of a member is actual, or the loss of use permanent, that the payments stop at the fixed number of 150 weeks.</p> <p>3. In such case, when the injury ceases, the employer may pursue the method provided by the act to curtail the payments, by proving that the total disability has ceased, or, that the total disability has been followed by partial disability and showing, according to the provisions of paragraph (b), of section 306, of the act, what the rate of compensation for partial disability should be, and obtaining credit for the number of weeks during which compensation was paid for total disability.</p>