92 So. 389 | La. | 1922
Rehearing
On Application for Rehearing.
The judgment herein is amended so as to read as follows:
Lead Opinion
Plaintiff suffered a broken ankle while in the employ of defendant company in February, 1918, and remained totally disabled until the following November, when, with the aid of an ankle brace and a crutch, he could go about and do light work, and he has continued in the latter condition, and, as we understand, is likely to continue, unless he has the foot amputated.
The amount to which plaintiff is entitled must therefore be ascertained from Act 243 of 1916, amending Act 20 of 1914. The case comes under paragraphs (a) and (c) of section 8 of this act; and, inasmuch as 50 per cent, of the salary plaintiff was earning would exceed the maximum of $10 per week allowable under these paragraphs, we fix the compensation at this maximum.
The judgment appealed from, which allowed plaintiff $10 per week for 200 weeks, subject to a credit of $2,126.80, and condemned defendant to pay the costs, is set aside, and it is now ordered, adjudged, and decreed that plaintiff have judgment against defendant for $10 per week payable weekly for 300 weeks, plus $150 medical expenses, less $2,-065.40 already paid, and that defendant pay the costs of the lower court, and plaintiff those of the appeal.