An employee's constitutional challenge to a workers' compensation claim denial did not convince a Commonwealth Court panel that a statute restricting certain disfigurement loss benefits to injuries of the head, face or neck is invalid.

The claimant, represented by Pond Lehocky Giordano, sought benefits for what she said was severe scarring on her legs as a result of a workplace accident. She argued the limit set forth in Section 306(c)(22) of the Workers' Compensation Act violates the remedies clause of the Pennsylvania Constitution and the equal protection principles of both the state and U.S. constitutions.

The Commonwealth Court, however, disagreed. On Monday it upheld a Workers' Compensation Board affirmation of a judge's denial of the employee's claim on the grounds that the act does not authorize benefits for disfigurement of the legs.