Disfigured or Scarred
Question: What does it mean to become “disfigured” or “scarred” under the Pennsylvania Worker’s Compensation Act?
Answer: Under the Pennsylvania Workers’ Compensation Law, there is a specific section that covers “disfigurements” of the head, neck or face. In order to be covered under the Pennsylvania Workers’ Compensation Act, the disfigurement must be;
1. Serious and permanent;
2. Unsightly and;
3. Not usually incident to employment;
4. No lower than the end of the junction of the clavicle, scapula and sternum.
(See also U.S. Steel Corp. v. WCAB, (Gouker), 416 A.2d. 619 (Pa. Commw. Ct. 1980).
Under this section of the Worker’s Compensation Act, 77 P.S. section 513 (22), the Judge has the discretion to make an award of up to 275 weeks of compensation but only after viewing the scars or disfigurement. The Judge can also find that the scar is not unsightly and refuse to make an award. The parties can also stipulate an amount not to exceed 275 weeks as well.
If you have questions about disfigurement or scarring under the Pennsylvania Workers’ Compensation Act, call our office at 717-238-1657 for a free evaluation.