Kozlowski v. Chrysler Corp.

Judge Holbrook’s concurring opinion reviews the history of this case. We agree that the case must again be remanded, but our reasons are different than those expressed by Judge Holbrook. The Workmen’s Compensation Appeal Board holding is ambiguous.1 The Burke2 test would require an award of compensation if: (1) Both of the plaintiff’s legs are unusable in industry because (2) use of the legs triggers an employment-related injury whose effects are so severe that they prevent the plaintiff from working.

Burke would require compensation for total and permanent disability if the use of plaintiff’s…