Friday, November 07, 2003

Commonwealth Court Remands Case to Board to Explain How the Range of Weeks Most Judges Would Award For Disfigurement is Arrived At

In Lord & Taylor v. WCAB (Bufford) the record supported only a finding that a scar that is three-quarters of an inch to an inch in length is permanent and related to the work injury. The WCJ awarded thirty weeks. The Board stated the award was significantly outside the range most judges would select. Without stating the range, the Board awarded 100 weeks. The Commonwealth Court remanded for the Board to explain 1) what disfigurement is covered by the award; 2) what is the range most WCJ's would award; and 3) how the Board arrives at that range. The Board can then state whether the WCJ's award fell in the range, and modify the award if it did not.

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