Kerwin v. American Railway Express Co.

Citations

• 273 Pa. 134
• 116 A. 655
• 1922 Pa. LEXIS 533

Syllabus

<p>Workmen’s compensation — Loss of use of arm — Decrease in earning power — Evidence of injury — Review of evidence on appeal— Act of June 26, 1919, P. L. 61$.</p> <p>1. On appeal from order of the common pleas confirming an award of the Workmen’s Compensation Board, it is the duty of the appellate court, under the Act of June 26, 1919, P. L. 642, to consider whether there is evidence to support the findings of the board, and if so, whether the law has been properly applied.</p> <p>2. The evidence in this case was held sufficient to support the findings of the board, and of the court below, of increased disability resulting in the loss of the use of claimant’s arm.</p> <p>3. If an injury results in the permanent loss of the use of an arm, compensation for such loss cannot be avoided by showing the claimant’s ability to earn as much in another occupation not requiring the use of the injured member.</p> <p>4. While loss of earning power may be evidence tending to show the extent of injuries, yet the mere fact that earning power has not decreased, will not prevent recovery for* injuries actually sustained.</p>