*1 408 DEMPSEY. COMPANY v. BETHLEHEM STEEL October 1, Bell, error. Cooper,

Walter G. John Sammons Salem, Joe J. The contends that once received the maximum number of weeks

has 1937, amended the Acts as (Ga. 528, pp. 1949, and 1955 L. 531; 1357, Ga. L. 1955, 211; Code, Supp., L. 1358; pp. Ann. may again never receive whether loss of previous member is involved in the or not. It has been awards part previous where person leg lost

held of his workmen’s injury, previous whether loss involved arising not, due and in the to an out of course of tion remaining employment part leg he loses the of that can only his part leg lost the result of receive leg. loss latter and not for the entire See Brock, (142 Mutual American &c. 165 Ga. applied eyesight. loss of 101). This same rule has been to the Employers Liability Corp., Wisham Assurance 489). is controlled Compensation in such E. cases (Ga. L. 1955, Act by of 1955 114-406 as amended Code 114-406) Code, pp. 212; Supp., Ann. Code 114-408. However, construing Georgia cases have been no found Work- Ann., Compensation (Code, question Ch. as to the men’s presented in the case. Where an has received the maximum allowable under Code su- *2 eligible pra, a total is he for for lapse injury occurring greater another time than tionfor after of compensation the number paid? weeks which for of Code 114-409 and only 114-410 deal with the loss of mem- §§ bers compensation for which provided is under Code § supra, and are therefore not under in consideration the case since it compensation has been held that the Code 114-404 for a total incapacity distinguished is § disability, such the compensation loss of a member for which allowed under Code 114-406. See Federated Mutual &c. Ins. § Co. App. Ga. Whiddon, 830) S. E. 2d and cases cited. Code permanent disability 114-408 deals with a for § which compensation allowed under Code 114-406. Code 114-406 does not deal incapacity, except with an in it that in allows, compensation addition to the for the industrial handi- cap, compensation, not exceed ten weeks, incapacity for total to (presumably period the of time for the wound heal). to

Code 114-404 deals the with of amount allow able maximum compensation the allowable in case; does each not set the forth of amount allow able from injuries all and in cases involving all employee. that Therefore, in view of above, what has been said in view of that the fact the act to be liberally construed general (Van in order purpose to effect its Treeck v. Travelers Co., 121 E. 215; Austin Bridge Brothers Whitmire, this court must hold the limit referred to in Code 114-404 is the limit for which compensation may as the of result one and not the limit that regardless can draw of of the number injuries may enough be unfortunate to suffer.

Accordingly, judgment the Superior Court of Fulton County any assigned. not error reason

Judgment Gardner, J., P. Toiunsend, Carlisle and affirmed. Quillian, Felton, J., concur. JJ., C. dissents. 114-404, my opinion, in dissenting. J., Code

Felton, C. compensate compensation to payment a maximum provides for The work. section permanent incapacity to for total correct construction always construed and if that been so The incapacity. does not cover total law temporary with dealing other sections decisions this view. partial incapacity bear out not mean therein does num- incapacity for is to cover total for the provided which lasts if an ber of It means that weeks stated. he shall work of his life rest per-

be entitled a limited which amount of presumably period time mitted to be over instalments for the injured employee. provision The of the interest period payment compensation in instalments over limited for a provided limited not alter fact that sum is does employment. incapacity in the same kind of *3 by adjudication an total employee An bound there- accepts payable if incapacity and under, collecting from barred additional he is forever tion, partial any employer. hold otherwise total, To1 or (cid:127) Code kind. encourage invite frauds worst would be to recovery partial permanent provides against 114-410 double permanent total injuries up add disability when two successive recovery double against 114-408 disability provides and Code § to me that the injuries. partial permanent It is inconceivable incapacitated for employee totally law would limit an who adjudicated permit life to a maximum amount and who totally permanently to be who was com- go the maximum to back to work and recover partial disability. or total If an pensation for a second disability an award for obtains the benefit of pays by bound employer it. The who it is bound pro- likewise second protected it. A other are purposes defeated. Code tected or the the law maximum shall contemplates that life incapacitated who disability. employee obtains such If an be but one and there can adjudicated award binding adjudication correct or not. it is whether the on him reaped fruits erred, If he has witnesses, board and courts deny estopped and is award its correctness. erroneous v. INTERSTATE LIFE & ACCIDENT ANDERSON INSURANCE COMPANY. Rehearing September denied October *4 Veasey, Evans,

W. Tom Jr., plaintiff Randall in error. J. Cecil Davis, J. 1. The contention is that he given notice that the defendant written intended to file brief (Ga..L. as is under evidence

726, 744; Code, Ann. Supp., whereas the defendant