Part of the August 8 PBI Medical Lecture Series addressed common legal issues that arise in reference to upper extremity problems. The course materials addressed, among many other items of great interest, the Workers’ Compensation Act’s provisions regarding specific loss. While the precepts for a specific loss claim should be very familiar to the workers’ compensation practitioner, a brief review is warranted.
Under Section 306(c) of the act, compensation is payable for the permanent loss of use of an extremity of the body, either through amputation or on the basis that the loss of use of the body part is for “all practical intents and purposes.” The level of disability need not rise to 100 percent uselessness. See U.S. Steel v. W.C.A.B. (Peacock), 454 A.2d 1180 (Pa. Commw. 1983). What makes a specific loss claim unique is that any loss of earnings or earning power by the injured worker is entirely irrelevant. There is no consideration of any “disability” that may stem from the injury. See Bethlehem Mines v. W.C.A.B. (Kozlovac), 529 A.2d 610 (Pa. Commw. 1987).
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