Hlady v. Wolverine Bolt Co.

Decision Date18 May 1949
Docket NumberNo. 50.,50.
Citation325 Mich. 23,37 N.W.2d 576
PartiesHLADY v. WOLVERINE BOLT CO. et al.
CourtMichigan Supreme Court

OPINION TEXT STARTS HERE

Appeal from an Award of the Workmen's Compensation Commission in the Nature of Certiorari.

Proceedings under the Workmen's Compensation Act by Mary Hlady, claimant, opposed by Wolverine Bolt Company, employer and Michigan Mutual Liability Company, insurance carrier, for additional compensation. From an award of the Workmen's Compensation Board granting additional compensation, the employer and insurance carrier appeal in the nature of certiorari.

Award vacated and cause remanded with directions.

Before the Entire Bench.

L. J. Carey, Geo. J. Cooper, Detroit, for appellants.

Maurice Sugar, Detroit (Marcus, Kelmen & Loria, Detroit, of counsel), for appellee.

NORTH, Justice.

Plaintiff, while in the employment of the defendant Wolverine Bolt Company, sustained an injury arising out of such employment which resulted in the loss of the major portion of the four fingers of her right hand. Plaintiff was paid compensation at the rate of specific awards for each of the four fingers amputated, totalling 100 weeks at $21 per week. The 100 weeks having terminated, plaintiff filed an application for hearing and adjustment of her present claim dated December 26, 1947, and an amended application dated January 5, 1948. In her amended application plaintiff describes the nature of her disability as follows:

‘Crushing injury to right hand resulting in amputation of four fingers with sequelae, amd injury to right shoulder. Plaintiff claims loss of industrial use of right hand and/or general disability. (Compensation has been paid.)

The deputy commissioner found plaintiff had received the compensation to which she was entitled in full and concluded: ‘Hence her claim for compensation in addition to that paid for her specific losses is denied.’ On review before the commission the ruling of the deputy was reversed and it was ordered that plaintiff was ‘entitled to compensation for the loss of her right hand at the rate of $21.00 per week from October 18, 1945 for 200 weeks with the defendant being given credit for the 100 weeks of compensation previously paid.’ The employer and the carrier of its risk have appealed.

Contrary to plaintiff's claim, the commission on review found as a fact that she was not suffering from any disabling condition except the loss of the four fingers of her right hand. In its opinion the commission stated:

‘The (deputy) commissioner entered an award finding that the plaintiff had not suffered the statutory loss of a hand. * * * The specific question before us is whether or not the plaintiff is entitled to compensation for the specific loss of her right hand. * * * It will be noted that there are no remaining serviceable portions of the amputated fingers. Such grip as there may be between the thumb and the palm of the hand would be of insignificant value in industry. The stump of the index...

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15 cases
  • Gose v. Monroe Auto Equipment Co., Docket Nos. 60752
    • United States
    • Michigan Supreme Court
    • June 27, 1980
    ...the commission found none except disability which normally follows such amputations." (Emphasis added.) Hlady v. Wolverine Bolt Co., 325 Mich. 23, 25, 37 N.W.2d 576, 577 (1949). Approximately eight years later, this Court in another case reconsidered the test under which Ms. Hlady had been ......
  • Riley v. Northland Geriatric Center
    • United States
    • Michigan Supreme Court
    • November 10, 1988
    ...continuing benefits, finding her postamputation condition did not exceed the "normally resultant" standard. Hlady v. Wolverine Bolt Co., 325 Mich. 23, 37 N.W.2d 576 (1949). However, in Van Dorpel v. Haven-Busch Co., 350 Mich. 135, 85 N.W.2d 97 (1957), an evenly divided court found plaintiff......
  • Cain v. Waste Management, Inc.
    • United States
    • Michigan Supreme Court
    • May 3, 2005
    ...been severed and he had suffered a total loss of use of both his hands. 19. In the middle of the century, with Hlady v. Wolverine Bolt Co., 325 Mich. 23, 37 N.W.2d 576 (1949), as well as Utter v. Ottawa Metal Co., 326 Mich. 450, 40 N.W.2d 218 (1949), and Barnett v. Kelsey Hayes Wheel Co., 3......
  • Hlady v. Wolverine Bolt Co., 17
    • United States
    • Michigan Supreme Court
    • January 21, 1975
    ...Court granted leave to appeal from that decision of the Compensation Commission and decided the issues raised in Hlady v. Wolverine Bolt Co., 325 Mich. 23, 37 N.W.2d 576 (1949). In reversing the Compensation Commission, this Court stated, p. 25, 37 N.W.2d p. 'The record is devoid of testimo......
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