179 Ga. 590 | Ga. | 1934
The Court of Appeals certified to this court the following question: “Section 30 of the workmen’s compensation act as amended (Ga. L. 1920, p. 167; G-a. L. 1922, p. 185) provides for compensation for a total disability, and reads as follows: ‘When the incapacity for work resulting from the injury is total, the employer shall pay, or cause to be paid, . . the employee during such total incapacity, a weekly compensation equal to one half of
As will be observed, the Court of Appeals at the conclusion has succinctly stated the question in the case. We are of the opinion
Section 32 refers to “permanent, partial, industrial handicaps,” which will include not only partial loss, or partial loss of use, of certain members, but also total loss or total loss of use. It is true that in Home Accident Insurance Co. v. McNair, 173 Ga. 566 (161 S. E. 131), it was stated by this court that the limitations as to maximum and minimum as set out in section 30 do not apply to an award for a permanent partial industrial handicap, which language, if standing alone, would seem to embrace all injuries referred to in section 32; but, as we have just stated, a permanent partial industrial handicap may consist either in the partial loss or of the total loss of a member or of its use. It was said in the McNair case that the limitations as to maximum and minimum as set out in section 30 apply only to compensation “for total incapacity for work, . . and not to an award for a permanent partial handicap, such as the partial loss of use of a leg.” It appears from a careful analysis of that decision, however, that a partial loss of use was the injury, and the only injury, to be considered in that case. This is clearly apparent from the language of the question propounded and answered, when considered in connection with the statement of facts given by the Court of Appeals for the purpose of illustrating the question. While it was stated in that decision that the limitation as to maximum and minimum set out in section 30 does not apply to a permanent partial handicap such as a partial loss of use, it was yet held in effect that such limitation did apply to injuries such as the total loss of a member or of its use, and also that for a partial loss or loss of use the employee could recover only
To the question propounded by the Court of Appeals as finally stated in concrete form, we answer that, under a proper construction of sections 30 and 32 of the compensation act as amended, “the maximum weekly compensation for the permanent partial loss of the use of a leg or an arm” can not exceed $15 per week.
What has been said above may not be in accord with the reasoning adopted by the Court of Appeals in decisions prepared by the present writer while a member of that court, in American Mutual Liability Insurance Co. v. Brock, 35 Ga. App. 772 (135 S. E. 103), and Richardson v. Maryland Casualty Co., 41 Ga. App. 520 (2) (153 S. E. 524). However that may be, we are satisfied that it does not conflict with anything decided in the McNair case or with any other decision by this court.