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Thread: Scar Award

  1. #1
    Join Date
    May 2008
    Posts
    237

    Default Scar Award

    I know you cannot collect on a scar award while your collecting temp benefits, but I was just wondering when does your attorney put in a petition to request an award for a scar? is it while your collecting, so you receive it after you return to work? or it does it get addresses when all is said and done? thanks, just wondering.

  2. #2
    Join Date
    Jan 2008
    Location
    New Oxford, Pa. USA
    Posts
    430

    Default Re: Scar Award

    Iod,

    I believe it's awarded when all is said and done. I know how bad the ic are with late payments and I agree from your other post that they do this just to mess with you, but hang in there and be strong.

    Nipper

  3. #3
    Join Date
    May 2008
    Posts
    237

    Default Re: Scar Award

    Thank you both, mine is on my neck after a cervical fusion, the lawyer feels it's somethin that is still visible after 9 months, and feels it will be a permanent scar..I was just curious to when they are suppose to submit the request for the award? I know you can't receive it until the case is settled or I return to work...just not sure if that's somethin that should of been in the works or not...thanks again..

  4. #4
    Join Date
    Oct 1971
    Posts
    3,479

    Default Re: Scar Award

    Quote Quoting dickholland View Post
    in a lot of states getting a award for scarring is tough ! if the scar is visiable to anyone walking down the street, then YES you would get a award. if it is covered by clothing like a scar on your back, then it will be difficult to get a award .
    Oh yeah? what's your source?
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  5. #5
    Join Date
    Dec 2007
    Location
    Tunkhannock, PA
    Posts
    1,101

    Default Re: Scar Award

    In PA for a scar to be compensable it must be located on the face, head or neck and must be serious, permanent, unsightly and not usually incident to the employment. These requirements are set forth in Section 306(c) (22) of the PA Workers’ Compensation Act. The neck ends at the junction of the clavicle, scapula, and sternum. U.S. Steel Corp. v. WCAB (Gouker), 416 A.2d 619 (Pa.Cmwlth. 1980). The judge has discretion to award benefits based upon personal observation of an employee’s facial and neck scars. LTV Steel Co. v. WCAB (Hawk), 638 A.2d 292 (PA. Cmwlth. 1994). The employee is not entitled to compensation for disfigurement where the judge concludes that the scars are not of sufficient character to produce an unsightly appearance. Davis v. WCAB (H.M. Staiffer & Sons. Inc.), 760 A.2d 899 (Pa. Cmwlth. 2000). The courts in PA have declined to adopt a specific period of compensation for disfigurement claims and have specifically rejected a rule of thumb of 10 weeks per inch in a standard linear scar case. DPW/Norristown State Hosp. v. WCAB (Reichert), 858 A.2d 693 (Pa. Cmwlth. 2004).

    In regard to when to pursue a disfigurement claim, I would normally wait about 9 months to make sure the scar is permanent. I would then approach the adjuster, and if an agreement is not reached, you will have to file a Claim Petition to seek recognition of the scarring claim.

    Damn Tony, these posts take forever to write when I include the list of authority upon which I am relying!
    Timothy D. Belt, Esquire
    Helping injured workers in Northeast Pennsylvania.
    belt-law@belt-law.com
    www.belt-law.com

    DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.

  6. #6
    Join Date
    Oct 1971
    Posts
    3,479

    Default Re: Scar Award

    Timothy Belt
    Damn Tony, these posts take forever to write when I include the list of authority upon which I am relying!
    That's cool, it's not neccasary in cases where people are knowlegable or reputable.
    I do however reserve the right to call out people who I believe are giving misleading or false info or playing lawyer.
    We all know you're cool...
    Take care, thanks for your help
    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  7. #7
    Join Date
    Dec 2007
    Location
    Tunkhannock, PA
    Posts
    1,101

    Default Re: Scar Award

    I'm happy to help.
    Timothy D. Belt, Esquire
    Helping injured workers in Northeast Pennsylvania.
    belt-law@belt-law.com
    www.belt-law.com

    DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.

  8. #8
    Join Date
    May 2008
    Posts
    237

    Default Re: Scar Award

    Thanks Tim for all your valuable info, it's very much appreciated...and Thanks Tony for watching our back....notice the ones you call out, never return with the info, (unlike our Tim, who can always back up his facts!)

  9. #9
    Join Date
    Apr 2008
    Posts
    66

    Default Re: Scar Award

    Quote Quoting Timothy Belt View Post
    In PA for a scar to be compensable it must be located on the face, head or neck and must be serious, permanent, unsightly and not usually incident to the employment. These requirements are set forth in Section 306(c) (22) of the PA Workers’ Compensation Act. The neck ends at the junction of the clavicle, scapula, and sternum. U.S. Steel Corp. v. WCAB (Gouker), 416 A.2d 619 (Pa.Cmwlth. 1980). The judge has discretion to award benefits based upon personal observation of an employee’s facial and neck scars. LTV Steel Co. v. WCAB (Hawk), 638 A.2d 292 (PA. Cmwlth. 1994). The employee is not entitled to compensation for disfigurement where the judge concludes that the scars are not of sufficient character to produce an unsightly appearance. Davis v. WCAB (H.M. Staiffer & Sons. Inc.), 760 A.2d 899 (Pa. Cmwlth. 2000). The courts in PA have declined to adopt a specific period of compensation for disfigurement claims and have specifically rejected a rule of thumb of 10 weeks per inch in a standard linear scar case. DPW/Norristown State Hosp. v. WCAB (Reichert), 858 A.2d 693 (Pa. Cmwlth. 2004).

    In regard to when to pursue a disfigurement claim, I would normally wait about 9 months to make sure the scar is permanent. I would then approach the adjuster, and if an agreement is not reached, you will have to file a Claim Petition to seek recognition of the scarring claim.

    Damn Tony, these posts take forever to write when I include the list of authority upon which I am relying!
    Tim, what if you have 2 scars one right below the other, less then a 1/4 inch apart from each other, both about 2 inches long, would that be considered 2 seperate scars or would they just pay for one? Also, my lawyer told me that they are worth anywhere between 20 to 40 wks each. Which I find that hard to believe. These scars are from cervical neck operations. I am one of the lucky w/c people I guess after reading what alot of all these other people have been through. I wish all of you people on w/c the best. It really pisses me off to read what some of you have to go through to get medical treatment. Totally wrong, the way these ins co's treat some people.

  10. #10
    Join Date
    Dec 2007
    Location
    Tunkhannock, PA
    Posts
    1,101

    Default Re: Scar Award

    Both scars would be considered. The value of the scar is based upon its appearance and the discretion of the judge, so without seeing the scar and knowing what the judge in your area normally awards for similar scars, I would have no way to evaluate the value of your scar.
    Timothy D. Belt, Esquire
    Helping injured workers in Northeast Pennsylvania.
    belt-law@belt-law.com
    www.belt-law.com

    DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.

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