77 Ind. App. 277 | Ind. Ct. App. | 1922
Under the provisions of the Workmen’s Compensation Act, Acts 1915 p. 892, §80201 et seq. Burns’ Supp. 1918, the Industrial Board has certified to this court the following facts:
“On and prior to the 9th day of February 1920 one Gus Swartz was in the employment of ‘A’ at an average weekly wage of $26.88; that on said date he received a personal injury by an accident arising out of and in the course of his employment, of which ‘A’ had actual knowledge at the time; that said injury was received by the said Swartz by falling a distance of approximately forty-five feet, alighting on a concrete floor; that there was a compound, comminuted fracture of the right leg at the ankle joint. The left arm was broken at the wrist; there were severe bruises at the lower part of the spinal column, with probably a fracture of two vertebrae; severe injury to the left side of the chest and a very severe injury on the left side of the head; that the plaintiff’s injuries have impaired his equilibrium so that he is staggery and unsteady on his feet; that said injuries have resulted in a 50% permanent disability, that is the plaintiff has permanently lost 50% of his ability to work and earn wages; that all the foregoing facts are admitted by the employer.”
Based on these facts, the Industrial Board has submitted the following question: “Would an award of 250 weeks compensation to Gus Swartz be according to law?”