Loss of Use is a Quesion of Law
In Jacobi v. WCAB (Wawa, Inc.), No. 1110 C.D. 2007, filed February 12, 2008, it was demonstrated that competent medical evidence of permanent loss of use for all practical purposes must be presented before further support for the claim in the form of the claimant's testimony can be considered. In this case, the claimant did not fulfill his burden of proof with regards to his claim petition that alleged he had suffered a specific loss of his middle finger. The doctor in the case stated that while the claimant would have residual permanent impairment, the opinion was given before the claimant underwent a fusion surgery on the finger.
In cases such as these, when a claimant alleges that injuries have resolved into a specific loss, they have burden of proving that the loss is permanent for all practical purposes. This requires more than just limitations upon a workers' occupational activities. The loss requires a more disabling injury than one that results in a loss of use for occupational purposes only. However, it is not necessary that the injured body part be 100% useless in order for the loss of use to qualify for specific loss. This is a question of fact for the workers' compensation judge, and the severity of the loss, meaning for all practical purposes, is a question that the law addresses.
