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Ellwood Quality Steel Co. v. Workers' Compensation Appeal Board

Received disfiguring scar while on the job is not entitled to Workers' Compensation benefits because while he presented evidence supporting incidents of burns on the job, he failed to show that disfiguring scarring was incidental to, or the usual result of, his claimants' work.

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Submitted: December 8, 2000

Ellwood Quality Steel Company (Ellwood) and its workers’ compensation insurance carrier, Royal & Sun Alliance, petition for review of the Workers’ Compensation Appeal Board (Board) order affirming a workers’ compensation judge’s grant of David Harper’s claim petition seeking specific loss benefits under Section 306(c)(22) of the Workers’ Compensation Act (Act) *fn1 for permanent disfigurement of his neck.

Harper’s claim petition alleged that on June 9, 1997 while he was working as a furnace operator for Ellwood, as he was removing a temperature probe from liquid steel a piece of hot slag flew up and hit him in the neck under his coat, causing a disfiguring scar. Harper testified in support of his petition, describing the circumstances surrounding the injury and stating that he normally wears a flame-retardant coat, pants, and gloves; a hard hat; safety glasses; muffs; and a respirator when he works. He testified that he and co-workers most often sustain burns to their hands when sparks or slags go down their gloves. Ellwood presented the testimony of Rick Rhoades and Erwin Campbell. Mr. Rhoades, an arc furnace operator, testified that he frequently receives burns during the course of his work and has burn scars on his hands and body; he has no burn scars on his face and neck. Mr. Campbell, a smelter supervisor in charge of the area where Harper worked, testified that he has hundreds of burn scars, on his face, hands, neck, back, and stomach. He acknowledged that not all burns cause scars.

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