80 Pa. Super. 68 | Pa. Super. Ct. | 1922
Opinion by
This is an appeal from the affirmance of an award of the Workmen’s Compensation Board and depends on the sufficiency of evidence to sustain the award. Claimant was a machinist at the Cramp shipyard, and on August 18, 1920, while engaged in erecting machinery, was “reaming a pipe out for fitting a knuckle gear in” when the pipe struck him in the right eye and injured it. Compensation was agreed to and on November 5, 1920, claimant executed the final receipt stating that
We all agree there is not sufficient evidence to support the finding of the board, a matter we must determine: Kerwin v. Express Co., 273 Pa. 134, 136.
Compensation for disability, total or partial, is provided in section 306, clauses a and b, P. L. 1919, p. 644, with the qualification that from the cases of partial disability (clause b) certain exceptions have been made, (collected in clause c) for which compensation shall be exclusively as specified in clause c, not depending on loss of earning power as provided for cases in Lente v. Luci, 275 Pa. 217; Berskis v. L. V. Coal Co., 273 Pa. 243; Quinn v. Ship Building Corp., 77 Pa. Superior Ct. 304; Cartin v. Standard Tin Plate Co., 263 Pa. 56; Pater v. Superior Steel Co., 263 Pa. 244; Chovic v. Crucible Steel Co., 71 Pa. Superior Ct. 350.
In clause c, compensation is provided “For the loss of an eye......Permanent loss of the use of......[an] eye shall be considered as the equivalent of the loss of......[an] eye.”
Claimant' sustained an impairment of vision, compensable by clause b if there was resulting loss of earning power, and by clause c, if he lost the use of his eye. He was compensated for the only loss of earnings shown, and unless he can establish the loss of the use of the eye, he is not within clause c.
It is obvious that the evidence does not1 support a finding of the loss of the use of the eye, unless those words are employed in the statute in some special sense and not with their ordinary meaning. The position of the compensation board was, that as claimant, with impaired vision in the right eye, could not thereafter do the particular kind of work he did before, he had lost the use of the eye within the meaning of the statute. Though we interpret the statute liberally to accomplish the remedial purposes of its enactment, we cannot adopt that meaning. The result would be that1 if injury
In Quinn v. American Ship Building Corporation (supra) this court said of section 806 (c): “Both the loss of the eye and the loss of the permanent use of the eye are covered by it. The latter is to be construed as equivalent to the former. The term ‘the permanent loss of the use of the eye’ is not to be taken as requiring an entire deprivation of sight. If the sight is practically destroyed and only a little vision left, the act should afford compensation for this the same as if the sight were gone entirely.”
In Chovic v. Pittsburgh Crucible Steel Co. (supra), this court said: “Whether a man has lost the use of a hand depends upon whether the hand has become useless in any employment for which that particular man is mentally and physically qualified.” In Kerwin v. Exp. Co. (supra), it was conceded that claimant was “not able to pursue the occupation he followed at the time of receiving injury or perform other manual work requiring the use of his arm.” We may not1 hold that a man has lost the use of an eye when the impairment of vision is not sufficient to disqualify him for employment for which he is mentally and physically qualified, The evidence does not justify the conclusion that claimant is disqualified within the rule of those cases; there is evidence that he cannot now perform a certain kind of work which he performed as a machinist, but that lim
The judgment is reversed and the record remitted with instructions to reinstate the conclusion of the referee.