Agnello v. Workers' Compensation Appeal Board

DISSENTING OPINION BY

Senior Judge McCLOSKEY.

I respectfully dissent with the majority, although my compassion and sympathy lies with Phyllis Agnello (Claimant). The majority in this case has taken a disfigurement claim under Section 306(c)(22) of the Pennsylvania Workers’ Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 513(22), and converted it into an entirely new category of specific loss under this same Section.

With the enactment of Section 306(c), our General Assembly crafted and defino'J at least twenty separate categories of specific loss benefits. These…