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Crews v. Workers' Compensation Appeal Board

Under section 306(c) of the Workers' Compensation Act, claimant was entitled to disability benefits for a brain injury as well as specific loss benefits for two other injuries sustained in the same work-related incident because all three injuries were separate and distinct from one and another.

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Submitted: December 17, 1999

Carl Crews (Claimant) petitions for review of an order of the Workers’ Compensation Appeal Board (Board) which affirmed in part and reversed in part the order of the Workers’ Compensation Judge (WCJ) that granted in part and denied in part Claimant’s request for specific loss benefits and review of the injuries delineated by the notice of compensation payable (NCP). For the reasons set forth herein, we affirm in part and reverse in part.

The facts as found by the WCJ may be summarized as follows. On December 23, 1992, Claimant fell 30 feet from a two-story scaffold while working for Mitchel Ripkin (Employer). Employer issued an NCP that described the injuries as fractures of both wrists and unclear vision in the left eye. Claimant began receiving total disability benefits effective December 24, 1992. On February 28, 1995, Claimant filed a petition to review the NCP, alleging that the NCP did not list all of the injuries which Claimant received and also that he sustained a specific loss pursuant to Section 306(c) of the Workers’ Compensation Act (Act). *fn1 Through his petition to review, Claimant alleges that the NCP failed to delineate the injuries he sustained as a result of his fall. Claimant contends that in addition to his ongoing wage loss disability attributable to his brain injury, he sustained two separate specific loss injuries, the loss of use of his left eye and the loss of use of his upper left extremity. Reproduced Record (R.R.) at 10a.

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