Thursday, October 02, 2003

In Second Specific Loss to the Same Extremity, a Credit is Given for Prior Specific Loss

In J. Schemmer v. WCAB (US Steel) the Commonwealth Court affirmed the WCJ and Board's grant of the Employer's Petition to Modify to a specific loss. The Court also restated the principle that when the Claimant has lost a body part in a prior injury, the compensation for that part can be credited from a loss further up the extremity. In the case, the Claimant lost his lower leg in a motorcycle accident, then lost an additional portion of the leg in the work injury.

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