Legal Opinion

Miles v. Gallagher

Superior Court of Pennsylvania

Decided March 22, 1961No. Appeal, 380PublishedCited by 3 opinions

1Opinion of the Court

Opinion by

Rhodes, P. J.,

The appeal in this workmen’s compensation case raises the following question: Where a claimant, who has previously lost the index finger of his left hand in a noncompensable accident, loses his arm in a compensable accident, is the employer liable to pay the full compensation for the specific loss of the arm under section 306(c) of the Workmen’s Compensation Act, as amended, 77 PS §513, namely 215 weeks, or is the employer’s liability reduced to the extent of the 35-week period covering the noncompensable loss of the index finger?

There is no factual dispute. The…

2Cases cited5 opinions

  1. Lente v. LuciSupreme Court of Pennsylvania · 1922
  2. Yanik v. Pittsburgh Terminal Coal Corp.Superior Court of Pennsylvania · 1942
  3. Thatcher v. Weinstein (Et Al.)Superior Court of Pennsylvania · 1943
  4. Leech v. Builders Supply Co.Superior Court of Pennsylvania · 1931
  5. Dover v. Amer. Reduction Co. (Et Al.)Superior Court of Pennsylvania · 1941

3Cited by3 opinions

  1. Schemmer v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2003
  2. Jacob v. Columbia Insurance GroupNebraska Court of Appeals · 1994
  3. Heintz Division Kelsey Hayes Co. v. Workmen's Compensation Appeal BoardCommonwealth Court of Pennsylvania · 1974

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