On April 3, 1918, the defendant, Martin Miller, hereafter referred to as the claimant, sustained an injury to his left hand, which resulted in the аmputation of the middle, ring, and little fingers at their distal joints. While performing services growing out of and incidental to his emрloyment with the plaintiff, Rhinelander Paper Company, claimant met with an accident which resulted in the amputation of the index, middle, and ring fingers of his left hand at their proximal joints. The accident caused no injury to other pоrtions of the hand or the surrounding tissues. Plaintiffs contend that, in ascertaining the amount of compensation to be аwarded, sec. 102.54, known as the minor permanent partial disability schedule, should be applied. That schedule provides that—
“in cases included in the following schedule of lesser permanent partial disabilities the comрensation to be paid for healing period and permanent disability, computed from the date of amputation, as the case may be, subject to the*625 provisions of this act for maximum and minimum payments, shall be sixty-five pеr cent of the average weekly earnings of the employee for the periods named in the following sсhedule, to wit: . . .
“3. The loss of an index finger at the proximal joint, thirty-five weeks; . . .
“7. The loss of a middle finger at the proximal jоint, twenty-five weeks; .
“11. The loss of a ring finger at the proximal joint, fifteen weeks. . . .”
The commission claims that sec. 102.55 (5) gives it the discretion to award compensation as it may determine under sec. 102.52 or under sec. 102.54. The relevant portions of sec. 102.52 are as follows:
“Major permanent partial disability schedule, (a) In cases included in the following schedule of major permanent partial injuries, indemnity shall be paid for the healing period, and in additional thereto, where the employee is fifty yеars of age or less, for the period specified, at the rate of seventy per cent of the average weekly earnings of the employee, to be computed as provided in section 102.11; . . .
“7. The loss of all the fingers on one hand where the thumb and palm remain, one hundred forty weeks. . . .”
The material part of sec. 102.55 (5) is as follows:
“For all other injuries to the members of the body or its faculties which are specified in these schedules resulting in permanent disability, though the member be nоt actually severed or the faculty totally lost, compensation shall bear such relation to that namеd in these schedules as disabilities bear to those produced by injuries named in these schedules. Indemnity in such casеs shall be determined by allowing weekly indemnity during the healing period,” etc.
If the schedules be applied in accordance with the construction placed upon the statute by the commission, the plaintiff would be entitled to the same compensation as he would receive under the major permanent partial disability schеdule, sec. 102.52, for the loss of all the fingers on one
Thе trial court sustained the determination of the commission upon the authority of Stoughton Wagon Co. v. Myre,
The injuriеs sustained by the claimant in this case not being within the classification of “all other injuries” and the statute therefore not applicable, we need not consider other matters urged to sustain the construction contended for by plaintiffs.
The claimant being entitled to compensation as provided by sec. 102.54, which compensatiоn by the terms of the section includes the healing period, he was not entitled to an additional allowance for healing period.
In this case we are asked to direct the circuit court to render judgment for an amоunt of compensation to be determined by this court. Appellant relies upon Employers Mut.
By the Court. — The judgment appealed from is reversed, and cause remanded to the circuit court with directions to remand the record to the Industrial Commission for further proceedings.