Monday, November 03, 2003

No Specific Loss of Foot When Ankle is Useless

In Maple Creek Mining Co. v. WCAB (Bakos) the Employer moved to suspend benefits alleging the Claimant's ankle injury resolved into a specific loss of the foot. All the doctors testified the Claimant had lost the use of his foot based on the condition of his ankle. The WCJ and Board dismissed the case, and the Commonwealth Court affirmed. The Act does not provide for specific loss of the ankle, and there was no amputation. Accordingly, The Court held there is no statutory provision that allows the relief the Employer was seeking.

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