Amputation of finger when wound healing

Bonaldi v. Hamburg American Line, 36 N. J. Law J., 302.

4. Loss of several fingers; consecutive payments for each, or concurrent payments for all.

Where a workman received injuries to several fingers in the same accident, the total award must be the added amounts for an injury to each finger, as fixed by the statute, not to exceed the amount provided for the loss of a hand, and the weekly payments in such a case do not run concurrently. George W. Helme Co. v. Middlesex Common Pleas, 00 N. J. Law, 000; 87 Atl. Rep. 72.

"The Industrial Accident Board has considered the question as to the manner of payment in case where three fingers are lost by an accident to an employé. The conclusion reached by the Board is that the rate of payment in such a case shall be one-half of the weekly wages of such employé, and that the number of weeks for which such weekly payments shall continue is to be determined by the number of fingers and the schedule of compensation for the particular fingers lost. There is no provision of law by which more than ten dollars per week could be paid. This fact would make unworkable the theory that weekly payments for each finger should be made each week, continuing until the claims for the less valuable fingers drop out of the account and until the most valuable is finally paid for. The same rule would apply in cases of toes or other digits or members." Ruling of Mich. Indus. Acc. Bd., October, 1912.

5. Amputation of finger when wound healing.

A workman received compensation for temporary total disability for a number of weeks when he had the finger which was injured amputated. The employer denied liability on the ground that the amputation was not necessary. man $10 a week for 29 weeks.

finger was healing and the The board granted the workBeech v. Packard Motor Co.,

Injuries to and losses of fingers not otherwise classified

Mich. Indus. Acc. Bd., Oct. 15, 1913; The Indicator, Oct. 20, 1913, at page 418.

6. Loss of use of fingers without amputation.

An employé sustained injuries resulting in total disability for ten weeks and as a result of the injury two fingers became permanently stiffened. It was held that such injury had caused a loss to the workman of one-half the use of such fingers and was equivalent to the loss of such fingers whether amputated or not. It was further held that the real test was not the question of whether or not the surgeon cut off the finger, but whether or not the injured person was deprived permanently of the use of the finger, even though it was not amputated. Compensation was therefore awarded at the same rate allowed for the loss of one-half of each of the fingers. Rider v. C. H. Little Co., Mich. Indus. Acc. Bd., April, 1913.

A workman while operating a saw injured the second finger of his right hand by reason of which he lost the permanent use of the first phalange, although amputation was not necessary. It was held that the loss of the use of the phalange amounted to loss of that portion of the finger as if it had been amputated, and compensation was awarded amounting to fifty per cent of the workman's average weekly wages for a period of fifteen weeks. Saleska v. Rikard Lumber Co., Dec. of Mich. Arbitration Committee, Jan. 6, 1913.

7. Injuries to and losses of fingers not otherwise classified. A workman's little finger was caught by a chain while fastening the chain around a load at the plant of his employer. The finger was amputated at the first joint. Compensation was awarded at the rate of fifty per cent of the average weekly wages for the period of 1712 weeks. Radic v. American Car and Foundry Co., Dec. of Mich. Arbitration Committee, December 18, 1912.

The applicant for compensation was operating a punch

Injuries to and losses of fingers not otherwise classified

press. The employer alleged that the workman neglected to remove his hands from the work he had placed in the press before putting his foot upon the trip. The end of the index finger on the right hand and the end of the thumb on the same hand were crushed at about the middle of the first joint. Compensation was awarded at fifty per cent of the workman's average weekly wages for a period of 13 weeks. Webber v. Kales Haskel Co., Dec. of Mich. Arbitration Committee, Dec. 19, 1912.

The applicant sustained injury on a punch press which necessitated amputation of the right index finger between the first and second joints. At the time of the injury his wages amounted to $12 a week and he was totally disabled for five weeks. The testimony showed that he might have returned to work at the end of that time without loss of earning power. The employer had furnished medical attendance and had paid $62.40 as compensation. The application for further compensation, however, was dismissed. John O'Hare v. Badger Brass Mfg. Co., Wis. Indus. Com., Jan. 23, 1913.

The applicant who was employed as a general helper held a team of horses during the owner's absence. One of the horses kicked his left hand, necessitating the amputation of the little finger. Prior to the date of hearing the employer had paid $105 as compensation and $130 as medical expenses. It was held that the employer should be compelled to pay $88.40 as additional compensation to the date of the hearing. Allen Harris v. City of Milwaukee, Wis. Indus. Com., Sept. 14, 1912.

A workman lost three fingers of the right hand while employed as a fireman and oiler at annual wages of $612. He was totally disabled for nine weeks when he returned to work at the same wages. The employer had paid compensation and medical expenses. The workman claimed permanent partial disability. The commission dismissed the application without further compensation. Harry Lewan

Loss of toes

dowski v. Illinois Steel Co., Wis. Indus. Com., Oct. 2, 1912. An applicant lost the tips of the thumb, index and second fingers, which were removed below the first joints, as a result of an explosion of a dynamite cap from which he was endeavoring to pick the contents for the purpose of forming a nipple for his mine lamp. The employer denied liability on the ground that nipples were supplied to the men at a nominal cost, that the applicant had no right to have a dynamite cap in his possession, and that the act constituted wilful misconduct. The board, however, held in favor of the workman and granted compensation for 9212 weeks. Macieza v. Mass Consolidated Mining Co., Mich. Indus. Acc. Bd., Oct. 15, 1913; The Indicator, Oct. 20, 1913, page 417.

A workman applying for work was asked if he understood the use of saws, to which he replied that he did, and he was put to work without any agreement as to the amount of wages which he was to receive. On the same day that he started to work he was injured by one of the saws. It was held that the workman was entitled to compensation of at least the minimum amount specified in the statute of $5 a week, for the number of weeks specified in the act for the loss of a thumb and the partial loss of the use of the first finger and the loss of the use of the fourth finger. Mueller v. Oelkers Mfg. Co., (Essex Common Pleas, February, 1913); 36 N. J.

Law J. 117.

8. Loss of toes.

A workman received injuries to his right foot when a manhole cover slipped from his hands. As a result of the injury it was necessary to amputate the great toe at the proximal joint and the second toe at the distal joint. The Commission found that the workman would be totally disabled for twentyfour weeks. At the time of the accident he was earning $2 a day. The award was that the employer pay $7.50 a week for eight weeks in addition to the medical expense which the employer had paid for sixteen weeks. Reinhold

Loss of one eye

Klatt v. Milwaukee Electric Ry. & Light Co., Wis. Indus. Com., April 22, 1913.

9. Loss of one eye.

The employer of a workman who had lost an eye, and who had been in receipt, first of full, and subsequently of partial compensation, having proposed to terminate the weekly payments, a mutual submission was made to a medical referee under Schedule I (15). The medical referee having reported that the workman was "as fit as any other one-eyed man" to resume work underground, his employers applied to end the compensation as from the date of the medical referee's report. It was held that the miner should be permitted to present proof showing that his wage-earning capacity was not as great in his present condition as it would have been if he had the use of both eyes. Arnott v. Fife Coal Co. (1911), 48 Scotch L. R. 828; 4 B. W. C. C. 361.

A miner lost one eye by an accident. The medical referee to whom the matter had been referred, reported that he was fit for work. The employer thereupon made application to have the compensation ended or diminished. At the hearing the workman maintained that since the date of the referee's examination he had lost the use of his other eye owing to the accident, and that he was unfit for his work. The arbitrator found that the miner was totally incapacitated, but that it was not proved that his blindness in the second eye was due to the effects of the accident, and held that the onus of proving that the supervening incapacity was due to the accident lay upon the miner. The arbitrator diminished the payments. It was held that the onus was upon the miner and had not been discharged. M'Ghee v. Summerlee Iron Co. (1911), 48 Scotch L. R. 807; 4 B. W. C. C. 424.

Where a miner in the course of his employment received an injury which made his right eye almost useless and his left eye was already of little use by reason of a disease common to miners. The court below held that the miner had