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Loss of hand when other hand already injured

removed in the hospital. Compensation was awarded on the ground that incapacity for work was caused by the second injury. Martin v. Barnett (1910), 3 B. W. C. C. 146.

12. Removal of eye already blind.

As a result of an accident years ago a workman was blind in one eye, but the infirmity was unknown to his employer and he was fully able to work. As a result of a new accident the blind eye had to be removed and the workman could no longer conceal his infirmity. On recovering from the effects of the operation he was entirely unable, owing to the deformity which was now obvious, to obtain work either from his old employer or from anyone else. He claimed that the accident had thus, in effect, incapacitated him for work. The County Court judge held that any incapacity was due to the accident which had blinded the eye years ago and decided that the workman was not entitled to compensation. This decision was affirmed by the Court of Appeal. Ball v. William Hunt & Sons (1911), 104 L. T. 327; 4 B. W. C. C. 225. This case was reversed in the House of Lords, but is not yet reported. It was remanded to the County Court to determine the disability.

13. Loss of hand when other hand already injured.

Applicant had his right hand torn off above the wrist while in the employ of the defendant. Several months were spent in unprofitable negotiations looking toward a settlement. The only questions at issue were the average annual earnings and the probable loss of earning power. Applicant had previously lost the middle fingers of the other hand and suffered the permanent stiffening of the joints of the remaining fingers. Held that it was well settled law that whoever takes a crippled employé into his employ takes him subject to his crippled condition. The compensation awarded was $272.76 for the temporary total and permanent partial disability during recovery from the injury, and that this

Injuries to legs

was to be followed by the payment of $9.50 weekly for 238.3 consecutive weeks, and that the injured man was entitled to a sum equal to three times his average annual earnings, amounting to $2,536.50. In addition there was allowed $100 for medical and surgical treatment. Krznarich v. Crown Columbia Paper Co. and The Employers' Liability Assurance Corporation, Ltd., Cal. Indus. Acc. Bd., Nov. 7, 1913.

14. Injuries to legs.

Applicant broke both bones of his left leg. The fracture was a bad one, though not compound, and the bones were reset by manipulation, with the result that, while the ends of the fibula united properly, those of the tibia lapped by. Compensation was paid in full for the medical and surgical benefit and compensation up to the time when the defendant offered applicant a position at a lower wage and 65% of the difference between the lower wage and the amount he was receiving at the time of the injury. This proposition was refused by the applicant. Held that applicant was entitled to compensation as of the time of the injury, and he was awarded a disability indemnity of 20% impairment of the physical machine, based on 10% for impairment and 10% for inability to compete with well men. The total amount awarded was $50.60 in addition to $474.26 already paid, together with the sum of $2.28 per week for 734 consecutive weeks. Gildea v. Natomas Consolidated of California, Cal. Indus. Acc. Bd., Nov. 21, 1913.

Applicant had been paid the sum of $45.00 as compensation, together with the expense of hospital and medical attendance. He claimed additional compensation for injury to the ligaments and muscles of legs and bruised ankles, sustained during the employment. Held, after examination by medical referees, that applicant was entitled to additional compensation in ths sum of $19.29. Butler v. Pacific Wakefield Co., et al, Cal. Indus. Acc. Bd., Sept. 6, 1913.

Applicant fell and fractured his left leg. A dispute arose

Waiting for opportunity to have operation performed at hospital

over the amount and duration of compensation payable. Held that applicant was entitled to $212.40, less such sum as defendant had paid, said amount to be paid in weekly installments of $7.08, and in addition pay $4.26 a week for sixteen consecutive weeks, until April 30, 1914, at which date, unless ordered by the Industrial Accident Board, all disability indemnities on account of said injury shall cease. Pietrovosky v. Western Meat Co., Cal. Indus. Acc. Bd., Dec. 22, 1913.

Applicant lost left foot, between the knee and the ankle. He was engaged in a seasonable occupation, i. e., for a period of time less than a year. The employer had paid the expense of medical attendance and the hospital expenses, together with compensation in the sum of $45.50. Held that applicant was entitled to additional compensation of $146.25, accrued to the date of the award and the additional sum of $2700.00, payable in weekly installments of $3.75 each, until the further order of the Board. The controversy was friendly and was started for the purpose of obtaining a ruling as to the exact amount due applicant. Brousset v. Fresno Flume and Lumber Co., Cal. Indus. Acc. Bd., Oct. 9, 1913.

ARTICLE D-TEMPORARY TOTAL DISABILITY

1. Unsuccessful efforts to obtain employment.

If a man has unsuccessfully made reasonable bona fide efforts to obtain employment at work which he is physically capable of performing he is not able to earn anything. Clark v. Gas Light & Coke Co. (1905), 7 W. C. C. 119; Ball v. William Hunt & Sons (1912), 5 B. W. C. C. 459.

2. Waiting for opportunity to have operation performed at hospital.

Where a miner ruptured himself, and on the advice of a doctor did no work while he was waiting for an opportunity to have an operation performed in the hospital, it was held

Miscellaneous specific cases in which compensation was awarded that he was entitled to compensation during the time he was waiting for a bed, as his conduct in this respect was reasonable, and was based upon the advice of his physician. Evans v. Cory Bros. & Co. (1912), 5 B. W. C. C. 272.

3. Heart trouble developing after injury.

A common laborer received a small fracture of the right ninth rib when caught between a wall and a wagon which he and several others were pushing. He continued working until the end of the day, which was about four hours. After disability of six weeks he was discharged as cured of the injury, the treatment having been given by the workmen's physician. Compensation in the amount of $55.62 was also paid. During the workman's disability he developed heart trouble (myro carditis) and he claimed that this was caused by the accident. The Commission found that heart trouble was not the proximate result of the accident and refused further compensation. Simon Derbeck v. Pfister & Vogel Leather Co., Wis. Indus. Com., May 18, 1912.

4. Workmen earning same wages as before the injury.

An applicant had sustained a fracture of the right leg, the left wrist and the small bone in the right shoulder. He received compensation at the rate of $10 per week until he returned to work. When the compensation was discontinued he applied for specific indemnity, on the ground that he was permanently crippled. The application was denied, on the ground that the workman was now receiving the same wages as he did before the accident. Payne v. Riverside Scrap Iron and Metal Co., Mich. Indus. Acc. Bd., October 15, 1913; The Indicator, October 20, 1913, at page 417.

5. Miscellaneous specific cases in which compensation was awarded.

A workman sustained a hernia while lifting a heavy piece of iron off a lathe. Compensation was awarded of $7.46 per

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Miscellaneous specific cases in which compensation was awarded

week for the period of total disability not to exceed five hundred weeks. Capitol Brass Works v. Holle, Dec. of Mich. Arbitration Committee, February 1, 1913.

While moving an old sewer pipe a workman cut the tendons of his left arm just above the wrist. He resumed work at the same wages after the actual disability ceased. The employer was directed to pay $91.91, being 65% of the wages for 14 weeks, and also medical expenses amounting to $25.75. Anton Bier v. City of Janesville, Wis. Indus. Com., Feb. 15, 1912.

A workman engaged in a gravel pit suffered disability through a slide of gravel. Compensation was awarded for seventeen weeks, amounting to $95.54, together with $193.58 as medical expenses. George Edminster v. Waupaca County, Wis. Indus. Com., May 4, 1912.

Another workman was injured in the same accident and it appeared that his earnings had been reduced by one-half for four weeks. Compensation was awarded to him in the sum of $67.12, and the sum of $47. for medical expenses. August Popke v. Waupaca County, Wis. Indus. Com., May 4,

1912.

A workman stepped on a hot bar of iron and received injuries which caused disability for twenty-seven weeks, when he resumed work at his former wages. His weekly wages before the accident were $13.67. The employer paid all medical expenses and full compensation under the act for the time of the disability. The workman claimed continued disability and demanded further compensation. Two surgeons testified that he had entirely recovered. The Commission awarded further compensation in the sum of $17.78, as 65% of the weekly wages for two additional weeks. Brzotek v. Illinois Steel Co., Wis. Indus. Com., July 22, 1912.

The applicant sustained injuries to his foot and was disabled for twenty weeks and five days. His average weekly wages amounted to $14.42. The charges for medical attention were paid and compensation for 13 weeks. The em

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