Fidelity & Casualty Co. of New York v. Industrial Accident Commission

TYLER, P. J.

Certiorari

for the purpose of reviewing the proceedings of respondent Industrial Accident Commission and its order therein by which on June 29, 1923, it made an award against petitioner and in favor of respondent James F. Fulmer of compensation in the sum of $5,436.63 for a partial permanent disability suffered by said Fulmer as the result of an injury received in the course of his employment.

It appears from the record that the respondent Fulmer on or about the eighth day of March, 1920, was employed by H. W. Jacobs as an electrical lineman, and the Fidelity and Casualty Company of New York was the insurance carrier of the employer. Fulmer was at that time thirty-two years of age and received weekly wages of $38.50. On said date he was working upon a certain power pole engaged in painting it. He was near the top of the pole supported by his lineman’s belt. As he was about to descend the pole his right hand came in contact with the wet surface thereof and he received an electric shock. He did not fall from the pole, being supported by his belt. He remained supported

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in this manner for approximately one hour, when he was lowered from the pole still unconscious. As the result of the shock he sustained burns on his left hand and right foot. He was removed to a hospital and was under the care and treatment of Dr. Jackson Temple. While in the hospital some kidney trouble developed accompanied by pain in the lower region of the back. The burn on the hand necessitated the amputation of the middle minor finger at the proximal joint. The petitioner, as the insurance carrier of Fulmer’s employer, paid the medical and hospital expenses and certain compensation to Fulmer, who, on December 27, 1920, not being in accord with petitioner as to the total amount to be paid him, filed an application with the Industrial Accident Commission requesting that it fix such amount.

Thereafter hearings were had and on March 30, 1921, the Commission made and filed an award in favor of the applicant, in which it found that he had “sustained a permanent disability consisting of the loss of the minor (left) middle finger at the proximal joint, and limited flexion of the index, ring and little fingers, which for applicant’s occupation and age, 32 years, is equal to 16% per cent of total disability, entitling him to a weekly payment of $20.83 for 66 weeks, and amounting to the total sum of $1374.78.” The Commission further found that the injury suffered by the applicant “also caused a certain disability to the back which is only partially disabling and which it is not possible to fix as permanent at this time.”