Unora v. Glen Alden Coal Co

In Unora v. Glen Alden Coal Co., 377 Pa. 7, 104 A.2d 104 (1954), the Supreme Court stated that, while physical impairment was one element of disability for purposes of the Act, "the second ingredient of disability is de facto inability to earn wages, as evidenced by proof that claimant has not in fact earned anything." Id. at 12, 104 A.2d at 107. The Supreme Court went on to state that "the proper balancing of the medical and the wage-loss factors, is, then, the essence of the 'disability' problem in workmen's compensation." Id. (quoting 2 Arthur Larson, Law of Workmen's Compensation 57.10 at 2-3 (1952)). Based on these statements the Supreme Court, in Republic Steel, interpreted Unora for the principle that "entitlement to benefits under the Act is contingent upon proof that the claimant suffered an injury or disease in the work place and the injury or disease affects his or her ability to earn a wage." Republic Steel, 537 Pa. at 36, 640 A.2d at 1268. The Supreme Court held that, because the claimant had retired, there was no evidence in the record that the claimant had suffered any loss of earning power due to his occupational disease and, therefore, the claimant was not entitled to benefits. Id. at 36, 38 n.3, 640 A.2d at 1268-69, 1270 n.3. In Unora, the claimants were coal miners suffering from anthracosilicosis, an occupational disease. Unora, 377 Pa. at 9, 104 A.2d at 105. The Medical Board declined to find them totally disabled on the grounds that they could still "perform work of a limited general nature." Id. at 15, 104 A.2d at 108. The Supreme Court held that: Where the injured person can handle only a specially-created job, one light of effort and responsibility but laden with rest and comfort (employment plums that do not often dangle from the tree of everyday economics) the burden is on the defendant-employer to show that such a job is in fact within reach. Id. at 13, 104 A.2d at 107. The Supreme Court remanded the matter to the Medical Board for reconsideration, partly because the Medical Board based its decision only on reports, and did not give a hearing to claimants' counsel.