201 Mich. 473 | Mich. | 1918
On August 17, 1915, claimant, while in the employ of the appellant removing refuse from &
As nearly as we can gather the facts from this record, claimant now has about one-fifth vision in his right eye and about one-fortieth of normal vision in his left eye. The measure of vision now remaining to claimant in his left eye is so slight that we think for the purposes of the application of this act, he should be considered as having lost the sight of that eye entirely. That the present condition of the left eye is due in'part at least to the injury seems clear from an examination of the evidence of Dr. Gamber, a specialist who treated claimant. He testified in part as follows:
*476 “Q. Then you would not want to state positively just what his sight would have been in his left eye today if it was not for this injury?
“A. No; no one on earth can do so, if it had had the same' treatment we would naturally suppose, if the eyes were alike previous to the injury, that they would be the same now; that is the only thing we could suppose.
“Q. And they aré not that way, so his trouble in the left eye is attributable to the injury as compared with the right?
“A. In part; I can’t help but look on it that it is in part due to the injury. * * *
“Q. There is a vast difference between the condition of his left eye and his right eye as far as responding to treatment?
“A. Yes.
“Q. That difference would be measured probably by the injury?
“A. Well, no other way to measure it except that, considering, of course, that you don’t know just how the vision of the two eyes compared before the injury.”
From an examination of the entire record we are of opinion that the board was in error in denying respondent all relief under its petition. The record is clear that claimant suffered no injury to his right eye through the accident and it is equally clear that he has lost practically the entire sight of his left eye which loss is, in part at least, attributable to the accident. The board should have made an award under the statute based upon the loss of one eye only. Weaver v. Motor Co., 186 Mich. 588.
The award is reversed and the case remanded to the industrial accident board for further proceedings under the act.