Degree of disfigurement can often be subjective but the Pennsylvania (PA) Workers’ Compensation Act and case law have developed very specific rules as to what types of disfigurement are compensable and what type are not.
The work-related loss of teeth has been held compensable in some situations. One major issue that has decided cases in this area, is whether the prosthesis which replaced the lost teeth, is fixed or movable. The Pennsylvania Commonwealth Court has held in cases where the Employee has replaced the lost teeth with removable dentures, that the disfigurement is compensable. In that case, the judge viewed the Employee without her dentures to determine the severity of the disfigurement. The judge focused on the fact that though the Employee did not go around in public without her dentures, she had to view her disfigurement in the mirror each morning.
In other cases, the presence of a fixed, bridge prosthesis has prevented a recovery. The Commonwealth Court has held that a fixed, bridge prosthesis does not necessarily preclude recovery. The court wrote, “The presence of the bridge prosthesis does not eliminate the claimant’s disfigurement altogether. Instead, it diminishes the effect.” This statement means that while the fixed, bridge prosthesis did not eliminate the possibility of collecting benefits for the disfigurement, it certainly would reduce the severity of the disfigurement and therefore reduce the amount of benefits to be paid.
