Workmen's compensation — Injury — Eye — Evidence — Act of June 4, 1937, P.L. 1552 — Remitting record — Question of law.
1. Where neither the eye nor the use thereof is wholly lost, the claimant is not entitled to compensation under the provision of Section 306(c) of the Workmen's Compensation Act, but is limited to compensation for disability, total or partial, if any, under paragraphs (a) and (b) of the same section.
2.
Massett v. Armerford Coal Mining Company, 82 Pa. Super. 579, held controlling.
3. The Act of June 4, 1937, P.L. 1552, amending the Workmen's Compensation Act, is not applicable in a case where a judgment was entered in an appeal from an award before the passage of the Act.
4. Where, on appeal by defendant to the common pleas from an award of compensation, it appears that the evidence does not sustain a finding that the injury to claimant's eye amounts to the permanent loss of the use of the eye, for which compensation can be awarded under Section 306(c), for the loss of an eye, and it is admitted that claimant has received the total compensation to which he is entitled under paragraphs (a) and (b), in sustaining the appeal the court may enter judgment for the defendant and is not required to refer the record back to the board for further findings.
Argued April 11, 1938.
PER CURIAM, April 25, 1938:
The judgment appealed from in this case was entered before the passage of the Act of June 4, 1937, P.L. 1552, amending the Workmen's Compensation Act. The Act of 1937 is not involved.
Nothing can profitably be added to the clear and concise opinion of President Judge HIRT, which appears in the Reporter's statement.
Judgment affirmed.