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Heidel v. Wallace & Tiernan Inc.

Decided: October 19, 1955.

JOHN HEIDEL, PETITIONER-APPELLEE,
v.
WALLACE & TIERNAN, INC., RESPONDENT-APPELLANT



On appeal from the New Jersey Department of Labor and Industry, Division of Workmen's Compensation.

Conlon, J.c.c.

Conlon

The employer appeals from an award in the Division of Workmen's Compensation on the sole ground that the amount allowed for permanent disability was excessive. There is no disagreement between the parties as to the facts, and the issue is based entirely upon a construction of the Compensation Act (R.S. 34:15-1 et seq.).

On October 14, 1952 the petitioner sustained a compensable accident as a result of which he suffered an amputation of his lower right arm about 3 1/2 inches below the elbow. The respondent furnished all the required medical treatment, care and hospitalization and paid the necessary allowances for temporary disability and incidental expenses. No question is raised as to any of those items. In addition, the Division made the following award for permanent disability:

1. 100% of the right hand or 230 weeks at $30 per

week $6,900.00

2. 7 1/2% of the right arm (i.e., injury to the upper

arm), or 22 1/2 weeks at $30 675.00

3. 7 1/2% of total for a neurosis, or 41 1/2 weeks at $30

per week $1,237.50

Total Award $8,812.50

The respondent, while not completely concurring in the other allowances, appeals only from the allowance of the $6,900 for loss of the right hand and contends that no part of that amount should have been allowed or, if it were allowed, that an equal amount should have been deducted from the award for reasons hereinafter stated. The allowance of 230 weeks is referred to as "loss of the right hand" because the statute R.S. 34:15-12 (vv) provides that "amputation between the elbow and the wrist shall be considered as the ...


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