44 Ga. App. 840 | Ga. Ct. App. | 1932
(After stating the foregoing facts.) The question here at issue involves the construction of section 32 of the workmen’s compensation act, fixing the amount of compensation payable for specific disabilities. It is not disputed that the claimant received an injury in the course of liis employment, and that such injury has resulted in a total loss of the use of his leg, and the sole question for, determination by the industrial commission, as shown in the clear and well stated opinion by Commissioner Whitaker, was as to the amount of compensation to which the claimant was en
But it is insisted by counsel for the defendant in error that under the obiter dictum of the Supreme Court in the Jones case an award of compensation as for total incapacity for work for a longer
Since the decision by this court in the Jones- case, in the review of which the Supreme Court expressed the dictum above referred t'o, the General Assembly has dealt with the question anew, evidently with the Jones case in mind; and as the statute now stands, it not only fixes an arbitrary amount for the loss of such a member, but in like manner authorizes and provides for a fixed and stated maximum amount by way of additional compensation for total incapacity for work arising from an injury causing the loss or preventing the use of such a particular member. The present case is distinguished from Austin Bridge Co. v. Whitmire, 31 Ga. App. 560 (121 S. E. 345). In that case the claimant’s injuries consisted of “a fracture of the skull, a fracture of one lower jawbone, a dislocation of his left shoulder, a Oolle’s fracture of his left arm, a lacerated lower lip with perforation from chin to mouth, a lacerated nose, lacerations of the scalp over three inches in length, a lacerated and contused left hip, a lacerated left thigh, and a fracture at the base of his right thumb.”
Judgment reversed,.