Ex parte Jefferson Slag Co.
| Decision Date | 19 April 1923 |
| Docket Number | 6 Div. 833. |
| Citation | 209 Ala. 263,96 So. 138 |
| Parties | EX PARTE JEFFERSON SLAG CO. ET AL. |
| Court | Alabama Supreme Court |
Petition for Certiorari to Circuit Court, Jefferson County; J. C. B. Gwin, Judge.
Petition of the Jefferson Slag Company and the C. G. Kershaw Contracting Company for writ of certiorari to review the judgment of the circuit court, awarding compensation to an injured employee under the Workmen's Compensation Act, in the case of Bob Steely v. Jefferson Slag Company and C. G. Kershaw Contracting Company. Transferred from Court of Appeals under Acts 1911, p. 449,§ 6. Reversed and remanded.
Smith & Morrow, of Birmingham, for petitioner.
Goodwyn & Ross, of Bessemer, opposed.
Under the rule laid down by this court in Ex parte Diniaco Bros., 207 Ala. 685, 93 So. 388, for awarding compensation under the Workmen's Compensation Act (Acts 1919, p. 206) in cases where there is a total temporary disability, which is concurrent, in whole or in part, with a permanent partial disability, the award in this case for the plaintiff's permanent partial disability is erroneous, and must be set aside. The period of compensation for the total permanent loss of a foot is 125 weeks. The proportionate period for a 35 per cent. loss of that member is 43.75 weeks. Deducting the 24 weeks for which the plaintiff has been compensated as for total temporary disability, there remains a period of 19.75 weeks, for which compensation should be awarded at the rate of $5.50 per week.
Reversed and remanded.
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Galloway Coal Co. v. Stanford
...the meaning of the provision were not thus unmistakably clear, the proposal of the minority opinion to overrule the Diniaco and Jefferson Slag Co. Cases, supra, is for three distinct reasons, based upon three distinct principles to which this and all courts have repeatedly professed allegia......
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Agricola Furnace Co. v. Smith, 7 Div. 585.
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