Emry ex rel. Emry v. Cripes

Citations

• 110 Kan. 693
• 205 P. 598
• 1922 Kan. LEXIS 127

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Compensation Act — Permanent Partial Disability — How Compensation is to Be Computed. Under the workmen’s compensation act, where a permanent partial disability to a workman’s hand is only equivalent to fifty per cent to seventy-five per cent of the total loss of. the hand or a total loss of its use, compensation for such injury cannot be awarded by applying the statutory schedule of allowance prescribed for the total loss of the hand or total loss of its use; nor does the statute permit the compensation to be based on a proportionate amount of such scheduled allowance for the total loss of the hand.</p> <p>2. Same. Under the workmen’s compensation act, where a workman suffers a permanent partial disability, the compensation for which is not definitely prescribed by the statutory schedule for specific injuries, the rule for determining the compensation to be awarded is to make a computation of sixty per cent, of the difference in his weekly earning capacity before and after his injury, for eight years; and if this computation results in any sum less than a minimum of six dollars per week for eight years, the disabled workman shall be awarded such minimum.</p>