318 Mass. 635 | Mass. | 1945
This workmen’s compensation case comes before us upon the appeal of the insurer from the decree entered in the Superior Court which “affirmed” the decision of the reviewing board to the effect that the employee was totally and permanently disabled by reason of injuries arising out of and in the course of his employment on September 23) 1935, and awarding compensation therefor.
The evidence most favorable to the employee may be summed up as follows: On September 23, 1935, while the employee was working as a press operator at a tanning plant, his hands were caught in the press. As a result of the accident both the employee’s hands were badly mangled, and it was necessary to amputate the first, middle and ring fingers of his left hand at the third joint. The little finger of that hand was fractured, and an attempt was made to repair it in the hope that it might be made straight, but the attempt failed. The employee has “a pretty good thumb” on the left hand, but the little finger is just a hook toward the palmar surface. There is no strength in that little finger. The middle, ring and little fingers of the right hand were all amputated at the third joint. The first finger of that hand was “pretty well battered . . . but they got a serviceable finger, — something that is better than nothing.” There is motion in that finger “practically”; there is “a little limitation in the middle joint” of that finger. The right hand was lacerated down to the palm. There was just enough tissue to cover that over without further amputation. The employee cannot lift much of anything. “The only fingers he has any respectable use of at all . . . [are] the thumb and first finger of the right hand.” He' could do no manual work. He could not perform his work as a, press operator. Since the accident the employee has worked part of one day at the tannery where he had a “job writing with a pencil.” He worked for about an hour but could not stand it. If he tries to use the first finger to
The medical expert called by the insurer testified in part that the employee could not do the electrical work in which he. had once been engaged nor the work of a press operator that he was doing when injured; that he was totally and permanently incapacitated for doing all the work that he had been Associated with or has tried to be associated with from 1916 to the date of the accident in 1935; that it would
The single member of the board found that the employee had always been a skilled worker and had never been a laborer; that as far as his right hand is concerned he has a practically normal thumb and an index finger which on account of the injury is about fifty per cent of normal; and that the remaining three fingers were amputated “to the metacarpophalangeal joints.” He further found the facts adduced in the evidence hereinbefore recited as to the employee’s left hand, that the employee, “a skilled worker,” is unable by reason of his injuries, which arose out of and in the course of his employment, to compete in the open labor market, and that the disability suffered by him is total and permanent; and ordered the insurer to pay compensation at the minimum rate of $9 a week, together with the amount due to the date of decision ($210.86). These findings were adopted by the reviewing board with appropriate orders for payment of compensation, and the decision of the reviewing board was “affirmed” by the judge of the Superior Court.
The contentions of the insurer are that the decree entered by the judge was erroneous, since it merely affirmed the decision of the reviewing board without more; that the evidence most favorable to the employee establishes that the employee is physically able to earn wages; and that he has failed to prove that his injuries have resulted in his total and permanent disability so as to prevent him from earning wages.
The contention of the insurer with respect to the form of the decree entered by the judge will be disposed of hereinafter. We do not concur in the other contentions of the insurer.
The decision of the reviewing board must be accepted as
The decree entered by the judge is defective in form. Webb’s Case, ante, 357. Instead a final decree is to be entered after rescript establishing that the employee is totally and permanently disabled as a result of injuries arising out of and in the course of his employment, and ordering the payment of weekly compensation in accordance with the decision of the reviewing board, together with payment of the amount due to the employee to the date of final decree after rescript.
So ordered.