Olszewski v. Workmen's Compensation Appeal Board

Dissenting Opinion by

Senior Judge Barbieri:

Most respectfully, I must record my dissent and disagreement with the view of the majority that the permanent loss of use of one-half of the Claimants fourth or little finger for all practical intents and purposes, as found by the referee, was properly reversed by the Board in this case.

While it is true that Section 513 of The Pennsylvania Workmens Compensation Act (Act), 77 P.S. §513, providing for specific losses of body members, contains no statutory authorization for less than the complete loss of use of a member, nevertheless, by case law loss…