Lente v. Luci

Citations

• 275 Pa. 217
• 24 A.L.R. 1462
• 119 A. 132
• 1922 Pa. LEXIS 480

Syllabus

<p>Workmen’s compensation — Act of June 2,1915, section S06, P. L. 7S6 — Permanent injury — Practical disability — Loss of second eye in course of employment.</p> <p>1. Where a workman enters into an employment after having lost one eye, and then in the course of his employment loses his remaining eye, his employer is not liable for total disability under section 306 (a) of the Act of June 2, 1915, P. L. 736, but for the disability specified in 306 (c) of the act as “for all disability resulting from permanent injuries of the following classes the compensation shall be exclusively as follows: For loss of an eye, fifty per centum of wages during one hundred and twenty-five weeks.”</p> <p>2. The statute fixed the amount to be paid for the loss of a hand, arm, foot, leg or eye respectively without considering, but including, all incapacity, whether such incapacity were total, partial or no incapacity at all.</p> <p>3. Compensation may be made for an injury to, destruction or affection of, other organs or parts of the body produced by the permanent injury, causing a disability, separate, apart and distinct from that mentioned in section 306 (c).</p> <p>4. In such cases, where it is claimed that some other part of the body is affected, it must definitely and positively appear that it is so affected, as a direct result of the permanent injury.</p> <p>5. The causal connection must be complete, and, further, the disability must be separate and distinct from that which normally follows an injury under section 306 (c), and mlust endure beyond the time therein mentioned.</p> <p>6. Section 306 (c) applies only to so-called permanent injuries whether the member be removed or not; and as to injuries not of a permanent character, but which are of a temporary nature under process of recovery, the resultant disability for compensation purposes may be partial, total, or compensable under 306 (c), where the temporary injury lapses into a permanent one, causing the total loss of a memb