214 Mich. 215 | Mich. | 1921
On April 29, 1920, while working as a miner for the Banner Coal Company, Henry Stammers met with an accident to his left eye. He was treated
Defendants bring the case here and contend that the board was in error:
“First, in finding that the injured had lost the eye within the meaning of the act, and
“Second, that if the eye was lost, it was lost as of April 29th, 1920, instead of September 30th, and that credit for the compensation advanced from April 29th to July 8th should be given and included in the 100 weeks compensation allowed by the act, instead of 100 weeks compensation from September 30th in addition to the compensation previously advanced.”
Has plaintiff lost his eye? The usefulness of the •eye for all practical purposes has been lost. A percentage of vision so slight as to be cognizant of strong, light only and to merely give impression of large ob
We are urged by defendants to apply to this case the holding in Keyworth v. Atlantic Mills (R. I.), 108 Atl. 81, to the effect that the loss of 90 per cent, of normal vision of the eye, although such reduced vision is of no benefit in any vocational pursuit, is not an entire and irrecoverable loss of the sight of the eye. The statute'under consideration in that case provided compensation for the entire and irrecoverable loss of the sight of either eye, and the case stresses! such language of the Rhode Island statute.
We are of the opinion that appellee has lost his eye within the meaning of our statute, and that compensation was properly allowed during the course of the development of the injury to the permanent result, and the defendants are not entitled to be credited upon the compensation allowed by law for the loss of an eye with the weekly payments advanced from April 29th to July 8 th.
The award is affirmed.