Claimant FH, a resident of Chambersburg, Adams County, PA, suffered a work injury while employed as a laborer for Tuscarora Woods, Inc. He was using a forklift to empty containers which were not properly secured, when a container fell into a burning pit, causing Claimant FH to suffer 2nd and 3rd degree burns to the face, chest and arms. Claimant FH was an illegal alien, and the workers’ compensation insurance carrier, Eastern Alliance, denied payment of workers’ compensation benefits. Claimant FH treated at Johns Hopkins, Chambersburg Hospital, and Lutheran Home Care Services for the burns, undergoing surgery to place new skin on his left arm from the fingers to the elbow.
We filed a Claim Petition, which went before Judge Brian Eader in Harrisburg, Dauphin County, Pennsylvania. The Judge described Claimant FH’s burns as the size of 2 quarters on the center left side of the neck, a red mark on the top of the ear, a burn on the left side of the face with puffiness, and puffy lips. The Judge found that despite Claimant’s illegal alien status, he was entitled to disfigurement benefits due to 2nd and 3rd degree burns on the face, ears, upper chest, bilateral forearm and neck, which caused a permanent and unsightly disfigurement of the head, neck and face.
Claimant FH was awarded 275 weeks of disfigurement benefits plus 10% interest totaling $113,256.00, and payment of medical bills. Eastern Alliance appealed to the Workers’ Compensation Appeal Board and the Judge’s decision was affirmed.
