136 Minn. 447 | Minn. | 1917
Gertiormi to review the judgment of the court below in proceedings under the Workmen’s Conpénsation Law. G. S. 1913, c. 84A.
The facts are not in dispute and are as follows: T. H. Gustafson was in the employ of relator, and on March 2, 1917, while engaged in the performance of his duties, sustained an accidental injury resulting in the loss of the thumb and index finger of his left hand. He was entitled under subdivison (e) of section 8207, as compensation for the loss of the thumb, to 50 per cent of his weekly wage for the period of 60 weeks, and for the loss of the index finger to 50 per cent of such weekly wage for the period of 35 weeks. Gustafson was earning at the time of the injury $15 per week. The trial court held that payments for each injury should be made concurrently, and judgment was ordered for $15 per week for 35 weeks, and for $7.50 per week for the next succeeding 25 weeks, making a total of 50 per cent of his weekly wages for the period of 60 weeks. The only question presented is whether the trial court was right in that conclusion.
That view of the statute cannot be sustained without wholly eliminating subdivision (a) of section 8207, wherein it is provided that the maximum compensation for injuries of the character of those here involved, shall not exceed $10 per week, for a period not exceeding 300 weeks. We need not speculate as to the purpose of the legislature in prescribing this limitation, for the language of the law is clear, and there is no room for construction. Gustafson suffered two distinct injuries,
The cause will therefore he remanded to the court below- for a modification of its judgment in harmony with this view of the statute. No statutory costs allowed.