Moore v. Staton, 18014
| Decision Date | 23 May 1950 |
| Docket Number | No. 18014,18014 |
| Citation | 92 N.E.2d 564,120 Ind.App. 339 |
| Court | Indiana Appellate Court |
| Parties | MOORE v. STATON. |
Barrett, Barrett & McNagny, Fort Wayne, for appellant.
Nemeth & McGowan, South Bend, Peter F. Nemeth, South Bend, for appellee.
The appellee filed a Form 9 application with the Industrial Board of Indiana, claiming workmen's compensation from the appellant for injury to his left arm as a result of an accidental injury that occurred on January 10, 1948.
The evidence shows that the appellee had two previous injuries to his left arm, one in 1934 or 1935 and the other in 1946.
The evidence shows that as a result of these previous accidental injuries, the appellee had a permanent partial impairment to his left arm.
The findings of fact by the Full Industrial Board with respect to the permanent partial impairment is set out in the award as follows:
'It is further found that following said injury which was in the nature of a renewal and aggravation of an old fracture below plaintiff's left elbow * * *.
'It is further found that as a result of his said accidental injury of January 10, 1948, and its aggravation of a preexisting condition plaintiff has sustained a seventy percent (70%) permanent partial impairment of his left arm as a whole, and is entitled to compensation therefore.'
Section 40-1305, Burns' 1933 Supp. reads as follows: ...
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Goodman v. Olin Matheison Chemical Corp.
...her compensation for only thirty percent impairment under the provisions of § 33, as above interpreted. Moore v. Staton (1950), 120 Ind.App. 339, 341, 92 N.E.2d 564, 565. That case was remanded to the Board with directions to make proper findings and enter an award based thereon. Here, howe......
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Anton v. Anton Interiors, Inc.
...The Industrial Board therefore could not base its award upon a final impairment evaluation of all three incidents. Moore v. Staton (1950), 120 Ind.App. 339, 92 N.E.2d 564. Appellant failed to carry his burden of proof in demonstrating what percentage of the permanent injury pre-existed, and......
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Jenkins v. Pullman Standard Car Mfg. Co., 18896
...the cause be remanded to the Industrial Board for a specific finding of facts on the issue and an appropriate award. Moore v. Staton, 1950, 120 Ind.App. 339, 92 N.E.2d 564, and cases cited. There can be no controversy over the proposition that whether or not the appellant has suffered a per......
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Kinzie v. General Tire & Rubber Co., 29430
...not exist under the previous statute. In support of its position appellee relies upon the more recent case of Moore v. Staton, 1950, 120 Ind.App. 339, 341, 342, 92 N.E.2d 564, 565. In that case the Appellate Court 'The statute was amended in 1945 and is a distinct departure from the law as ......