Judge's 'Toothy Grin' Test Overturned

The Commonwealth Court of Pennsylvania overturned a trial judge who decided a facial disfigurement claim after asking the woman to pull out her dentures and smile. Phyllis Agnello was employed by Owens-Illinois on Jan. 7, 2004, when she fell at work and injured her neck, jaw and teeth. She suffered a break in her lower jaw requiring the removal of three teeth. Agnello had the remaining lower teeth removed for unrelated reasons and replaced with a full lower denture. She later filed a claim petition seeking an award for permanent disfigurement for the loss of three of her lower front tee...