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Roberson v. Insurance Co. of the State of Pennsylvania12/8/1999
disability rating was to the lower leg, which included the atrophy in the plaintiff's calf muscle from nonuse during the healing process which might improve over time.
In our de novo review, we find that the trial court's award of 40 percent vocational disability is reasonable in light of the plaintiff's job history, level of education, age, and her testimony that she continues to have some problems with extensive walking, climbing and descending stairs, long distance driving, and other activities that require use of her weakened foot. These same problems caused her to leave her position at the NFIB for a lower paying job at Department of Children Services. The evidence does not preponderate against a 40 percent vocational disability award. In this case, ยง 50-6- 207(3)(A)(ii)(o) sets the award for the loss of a leg at 66-2/3 percent of the average weekly wage for eighty (80) weeks, and we affirm the trial court's judgment accordingly.
Therefore, we reverse the trial court's award of 15 percent permanent partial disability to the body as a whole based on the jaw injury . We affirm the trial court's award of 40 percent permanent partial disability related to her right leg.
This case is remanded to the trial court for any further action necessary, consistent with this opinion. Costs of this appeal shall be equally shared by the parties.
F. LLOYD TATUM, SENIOR JUDGE
CONCUR:
JANICE M. HOLDER, JUSTICE
L. T. LAFFERTY, SENIOR JUDGE
JUDGMENT ORDER
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and Conclusions of law, which are incorporated herein by reference. Whereupon, it appears to the Court that the Memorandum Opinion of the Panel should be accepted and approved; and It is, therefore, ordered that the Panel's findings of fact and Conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court. Costs will be equally shared by the parties, for which execution may issue if necessary.
IT IS SO ORDERED this 8th day of December, 1999.
PER CURIAM
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