Van Eps v. Sligh Furniture Co.

• Decision Date: 02 March 1932
• Docket Number: No. 103.,103.
• Citation: Van Eps v. Sligh Furniture Co., 257 Mich. 112, 241 N.W. 182 (Mich. 1932)
• Parties: VAN EPS v. SLIGH FURNITURE CO. et al.
• Court: Michigan Supreme Court

257 Mich. 112

241 N.W. 182

VAN EPS

v.SLIGH FURNITURE CO. et al.

No. 103.

Supreme Court of Michigan.

March 2, 1932.

Certiorari to Department of Labor and Industry.

Proceedings under the Workmen's Compensation Act by Bert J. Van Eps, claimant, opposed by the Sligh Furniture Company, employer, and the Furniture Mutual Insurance Company, insurer.To review an order of the Department of Labor and Industry granting an award, the insurer and employer bring certiorari.

Award set aside, and cause remanded, with directions.

Argued before the Entire Bench.Francis D. Campau, of Grand Rapids, for appellants.

Robert S. Tubbs, of Grand Rapids, for appellee.

POTTER, J.

Certiorari to the Department of Labor and Industry to review an award granting plaintiff compensation for the loss of one-half of his index finger.The proof showed plaintiff lost three-quarters of the distal phalange of his index finger which the commission held amounted to the loss of a phalange, and, under the statute, equal to the loss of one-half of such finger.If Fanning v. W. E. Wood Co., 255 Mich. 618, 238 N. W. 627 is to stand as the law, the Department of Labor and Industry was in error in making this award.The case last above cited correctly states the rule.The reason therefor is that the case does not fall within the schedule of compensation applicable to specific cases fixed by section 8426,Comp. Laws 1929.We cannot enlarge the language of the schedule.We cannot make the statute read, ‘The loss of a major portion of the first phalange of any finger shall be considered to be equal to the loss of the first phalange and equal to the loss of one-half of...