For the prosecutor, Charles M. Grosman.
For the respondent, Franklin J. Marryott.
Before Justices Parker and Lloyd.
LLOYD, J. This is a workmen's compensation case in which an award to the injured employe by the bureau was partially affirmed in the Pleas. The important question involved is whether disfigurement (very marked in this case, the claimant being a negro whose face was badly scarred by burning fluids, exhibited in the court below and to us on the argument) is compensable as under the award, under the opinion, or not at all.
The employe was injured otherwise and was awarded thirty per cent. of total disability. This appears not to be in controversy.
Both parties have writs of certiorari and of course are here complaining; the employe of the reduction in the award for disfigurement, the employer of any allowance whatever, and of the allowance of counsel fees.
The Workmen's Compensation act, in section 11, paragraph 7, as amended, 1 Supp. Comp. Stat. 1925-1930, p. 1974,
enacts that "compensation for personal injuries * * * to such employe by accident arising out of and in the course of his employment shall be made by the employer without regard to the negligence of the employe according to the schedule contained in paragraph 11 in all cases except," &c.
Sub-paragraphs a, b and c of paragraph 11 provide for total disability, temporary and permanent, and compensation therefor. Sub-paragraph c provides that for "disability partial in character but permanent in quality compensation shall be based on the extent of such disability." Then follows a list of specified injuries and the apportionment of compensation, not important in the consideration of this case.
Section 11, sub-paragraph w proceeds to enact that in all lesser or other cases involving permanent loss, or where the usefulness of a member or any physical function is permanently impaired, the compensation shall be sixty-six and two-thirds of daily wages, and the duration of compensation shall bear such relation to the specific periods of time stated in the above schedule as the disability bears to those produced by the injuries named in the schedule," with limited periods of payments.
A reading of the several sections of the act seem clearly to indicate a legislative purpose to provide for disability and for disability alone, and that disability is that which disqualifies the employe from doing work in whole or in part. This we think is the construction impliedly accepted by litigants and the bar, as is evidenced by the fact that this is the first case presented to this court of a claim for compensation for disfigurement since the enactment of the statute in 1911, and by the ...