Wickstrom v. Industrial Accident Commission

STURTEVANT, J. The petitioner while employed as a carpenter’s helper was working on a scaffold attached to a high building. The scaffolding gave way and the peti-. tioner fell eight stories. By reason of the fall he suffered [137]numerous injuries but he made a substantial recovery. Within the time allowed by law and in a proper manner he applied to the defendant commission for an adjustment of his claim for disability benefits under the Workmen’s Compensation Insurance and Safety Act. The facts of employment, wages, age of employee, and injury arising out of and occurring in the course of his employment, are not controverted. The only controversy presented by the record is the nature and extent of petitioner’s disability due to said injuries. On the 13th of September, 1932, the respondent commission made an award in which it fixed the percentage of petitioner’s disability at 90% per cent and awarded him $23.77 per week for two hundred forty weeks, and in addition the sum of $11.07 per week for the remainder of his natural life. The insurance carrier, State Compensation Insurance Fund, petitioned for a rehearing and thereafter the respondent commission ordered annulled its previous award and ordered entered an award in which it found that petitioner’s condition had not become permanent and fixed his compensation in the sum of $23.77 indefinitely. On the 13th of January, 1934, petitioner asked the respondent commission for a permanent disability rating. A hearing was had on January 29, 1934, and another one was held on the 13th of March, 1934, and much evidence was introduced both on the subject of the physical injuries suffered by the petitioner and also on the subject of injuries to his nervous system. On the twenty-sixth day of April, 1934, the respondent commission filed amended findings and an award which among other things contained a finding as follows:

“2. Said employee was 40 years of age, and said injury caused permanent disability resulting in slight ulnar angulation of radius of minor arm; loss of forearm pronation; limitation of dorsal, palmar and radial flexions of wrist joint to 45/55, 55/70 and 20/30; grip of hand being 82/125; marked limited motion of spine, tips of fingers failing to reach floor on forward bending by 22 inches, 50% to 75% loss of backward bending; some pain and soreness in low back and sacral regions, in lumbar muscles and in operative scar over middle lumbar region; sciatic pain in both legs. The percentage of said permanent disability is 76, entitling the employee to $23.77 a week for 240 weeks, amounting to $5,704.80; and thereafter the sum of $5.85 a week for the