Bethlehem-Sparrows Point Shipyard, Inc. v. Hempfield

• Decision Date: 25 March 1955
• Docket Number: No. 112,BETHLEHEM-SPARROWS,112
• Citation: 112 A.2d 488,206 Md. 589
• Parties: POINT SHIPYARD, Inc. v. Mike HEMPFIELD. BETHLEHEM STEEL COMPANY v. Joe Willie CHISHOLM. BETHLEHEM STEEL COMPANY v. Elmer V. LOUNSBURY. BETHLEHEM STEEL COMPANY v. Elbe WIGGS.
• Court: Maryland Court of Appeals

Page 589

206 Md. 589

112 A.2d 488

BETHLEHEM-SPARROWS POINT SHIPYARD, Inc. v. Mike HEMPFIELD.

BETHLEHEM STEEL COMPANY v. Joe Willie CHISHOLM.

BETHLEHEM STEEL COMPANY v. Elmer V. LOUNSBURY.

BETHLEHEM STEEL COMPANY v. Elbe WIGGS.

No. 112.

Court of Appeals of Maryland.

March 25, 1955.

Jesse Slingluff, Jr. and Joseph H. Young, Baltimore, for appellants.

Hyman B. Rubenstein, Baltimore (Marvin B. Steinberg, Baltimore, on the brief), for appellees.

Before BRUNE, C. J., and DELAPLAINE and COLLINS, JJ.

DELAPLAINE, Judge.

This record contains for appeals, each of which is from a judgment affirming an award of the State Industrial Accident Commission to a workman accidentally injured in the course of his employment. Three of the workmen sustained an injury to a finger, and the fourth sustained an injury to a toe.

The first appellant, Mike Hempfield, an employee of Bethlehem-Sparrows Point Shipyard, Inc., sustained a crushing injury to the distal phalanx of the second finger of his right hand. The first report of the physician showed that he sustained a fracture of the distal phalanx and exposure of the tuft, and also a laceration of the middle phalanx. A later report, made after the healing period was complete, showed that there was no motion at the distal interphalangeal joint. The physician estimated that there was 40 per cent loss of use of the finger.

The second appellant, Joe Willie Chisholm, an employee of Bethlehem Steel Company, injured the first finger of his left hand. The X-ray report showed a fracture in the tuft with separation of the distal fragments. There was loss of flexion of the distal and proximal interphalangeal joints. The scar was sensitive to palpation, and he suffered pain whenever he tried to put pressure on anything by bending the finger. There was also a loss of gripping power. The physician reported that there was 35 per cent loss of use of the finger.

The third appellant, Elmer V. Lounsbury, an employee of Bethlehem Steel Company, injured the first finger of his left hand while tightening a nut on a mower. While X-rays showed no evidence of any bone injury, there was a laceration of the distal interphalangeal joint, and also a slight restriction of flexion at the proximal interphalangeal joint, so that the tip of the finger can barely touch the palm of the hand. The distal phalanx was held in flexion and showed evidence of atrophy. There was some hypesthesia of the distal phalanx. The physician reported that there was 40 per cent loss of use of the finger.

The fourth appellant, Elbe Wiggs, an employee of Bethlehem Steel Company, sustained a fracture of the proximal phalanx of the great toe of the left foot. There was no motion at the interphalangeal joint. The physician estimated that there was a 50 per cent loss of use of the toe.

The Industrial Accident Commission applied that sub-section dealing with permanent partial disability in the Workmen's Compensation Act, Code 1951, art. 101, § 35(3)(b), which provides as follows:

'Compensation for the loss, or loss of use, of more than one phalanx of a digit of a hand or foot shall be the same as the loss, or loss of use, of the entire digit. Compensation for the loss, or loss of use, of the first phalanx shall be one-half of compensation for loss of the entire digit. Compensation for loss or loss of use of two or more digits or one or more phalanxes of two or more digits of a hand or foot may be apportioned to the loss of use of the hand or foot occasioned thereby, but shall not exceed the compensation for the loss of a hand or foot.'

Finding that Hempfield sustained a permanent partial disability resulting in 40 per cent loss of use of his finger, the Commission held that his disability was compensable at 100 per cent loss of use, and ordered the employer to pay him compensation at the rate of $25 per week, beginning April 7, 1952, for the period of 25 weeks.

Finding that Chisholm sustained a permanent partial disability resulting in 35 per cent loss of use of his finger, the Commission held that his disability was compensable at 100 per cent loss of use, and ordered the employer to pay him compensation at the rate of $25 per week, beginning July 6, 1953, for the period of 30 weeks.

Finding that Lounsbury sustained a permanent partial disability resulting in 40 per cent loss of use of his finger, the Commission held that his disability was compensable at 100 per cent loss of use, and ordered the employer to pay him compensation at the rate of $25 per week, beginning July 2, 1953, for the period of 30 weeks.

Finding that Wiggs sustained a permanent partial disability resulting in 50 per cent loss of use of his toe, the Commission held that his disability was compensable at 100 per cent loss of use, and ordered the employer to pay him compensation at the rate of $25 per week, beginning December 15, 1953, for the period of 25 weeks.

The employers appealed from the orders of the Commission to the Circuit Court for Baltimore County. That Court affirmed the orders of the Commission. The employers thereupon appealed from the judgments of the Court.

The original Workmen's Compensation Act, as enacted by the Legislature of Maryland in 1914, provided: (1) that the loss of the distal phalanx of any finger shall be considered to be equal to the loss of onethird of such finger; (2) that the loss of the middle phalanx of any finger shall be considered to be equal to the loss of two-thirds of such finger; and (3) that the loss of more than the distal and middle phalanxes shall be considered to...