J.G. Furniture Division/Burlington v. Workers' Compensation Appeal Board

DISSENTING OPINION BY

Judge LEADBETTER.

In this case involving the specific loss of a finger more than eight years after the incident causing the trauma, we are asked to determine whether the claimant’s specific loss benefits should be calculated using the average weekly wage as of the date of the original injury or the date the injury resolved into a specific loss. While I believe that the majority has reached a fair and reasonable result, I also believe that to reach this result we must reconsider a substantial body of case law interpreting the term “injury,” which this panel is not free to…