Cresson Consol. Gold Min. & Mill. Co. v. Industrial Com'n of Colo.

• Decision Date: 07 March 1932
• Docket Number: 12969.
• Citation: 90 Colo. 353,9 P.2d 295
• Court: Colorado Supreme Court
• Parties: CRESSON CONSOLIDATED GOLD MINING & MILLING CO. v. INDUSTRIAL COMMISSION OF COLORADO et al.

9 P.2d 295

90 Colo. 353

CRESSON CONSOLIDATED GOLD MINING & MILLING CO. v. INDUSTRIAL COMMISSION OF COLORADO et al.

No. 12969.

Supreme Court of Colorado

March 7, 1932

In Department.

Error to District Court, City and County of Denver; George W Bruce, Judge.

Proceeding under the Workmen's Compensation Act by Colin Preston claimant, for injuries, opposed by the Cresson Consolidated Gold Mining & Milling Company, employer, and the Employers' Liability Assurance Corporation, Limited insurer. Award of Industrial Commission granting compensation was affirmed by judgment of the district court, and employer and insurer bring error.

Reversed and remanded, with directions.

Edgar McComb and Milton D. Green, both of Denver, for plaintiffs in error.

Clarence L. Ireland, Atty. Gen., Arthur L. Olson, Asst. Atty. Gen and F. J Knauss, of Denver, for defendants in error.

MOORE J.

Colin Preston was injured in an accident arising out of and in the course of his employment by the Cresson Consolidated Gold Mining and Milling Company. His permanent disability consisted of the amputation of the little finger of the left hand at the proximal joint, the amputation of the index finger of the right hand at the distal joint, amputation of the middle and ring fingers of the right hand at the second joint. The Industrial Commission awarded him compensation under section 4452, C. L. of 1921, as amended by Session Laws of 1929, c. 186, p. 659, § 11; and based upon a finding of 25 per cent. disability as a working unit. The district court entered judgment affirming the award to review which this writ is prosecuted.

Plaintiff in error contends that section 4447, C. L. of 1921, as amended by Session Laws of 1929, c. 186, p. 655, § 10, is controlling.

Section 4447 as amended provides:

'In case an injury results in a loss set forth in the following schedule, the injured employee shall, in addition to compensation to be paid for temporary disability, receive compensation for the period as specified, to wit: * * * 'Loss of an index finger at the distal joint, ..... 9 weeks. * * *

'Loss of a middle finger at the second joint, ..... 9 weeks. * * *

'Loss of a ring finger at the second joint, ..... 7 weeks. * * *

'Loss of a little finger at the proximal joint, ..... 9 weeks. * * *

'(e) When an injured employee sustains two or more injuries coming under this schedule, the disabilities specified herein shall be added and the injured employee shall receive the sum total thereof; provided, that where the injury results in the loss or partial loss of use of the index finger and thumb of the same hand, or of more than two digits of any one hand or foot, the disability may, in the discretion of the Commission, be compensated on the basis of the partial loss of use of said hand or foot, measured respectively from the wrist or ankle.'

Section 4452, as amended, provides: 'Where an accident causes injury resulting in permanent partial disability (except the sustaining of any one of the injuries specifically covered by Sections 73, 74, 75 and 76 herein), the injured employee shall be deemed to be permanently disabled from the time he is so declared...