Pretzel factory worker who lost arm loses comp benefits appeal

A Pennsylvania appellate court Thursday turned down an appeal for additional workers compensation benefits by a pretzel factory worker whose arm was amputated following a workplace accident.

The Commonwealth Court upheld a workers comp judge’s decision in ruling for Bensalem, Pennsylvania-based Soft Pretzel Franchise Systems Inc. in a case brought by Jennifer Jackiw, who lost her arm in June 2020.

As part of her workers compensation, Ms. Jackiw received weekly indemnity benefits, and she petitioned for additional specific loss benefits related to the amputation.

Ms. Jackiw and Soft Pretzel disagreed on how the weekly wage should be calculated for purposes of comp benefits. The comp judge ruled the rate should be based on a section of the comp law related to total disability, which may not exceed the state’s average weekly wage.

Ms. Jackiw argued the rate should be based on another section of the statute governing specific loss related to catastrophic injuries. If the rate were calculated using the latter, Ms. Jackiw would have been entitled to a higher payment.

In affirming the comp judge’s decision, the Commonwealth Court wrote that “despite her tragic injury, Claimant simply has not provided a compelling reason to set aside 40 years of precedent.”