Kerwin v. American Railway Express Co.
Kerwin v. American Railway Express Co.
Opinion of the Court
Opinion by
Plaintiff was injured July 19, 1919, while in defendant’s employ as a “trucker,” and, under an agreement with defendant, received disability compensation until October 4, 1920, at which time he filed a petition for additional compensation, alleging his disability had increased to such extent as to result in the loss of the use of his right arm for industrial purposes. Defendant, on
We find no substantial dispute as to the facts. At the time of his injury plaintiff was engaged as a trucker on one of defendant’s trucks which required him to handle boxes and packages in loading and unloading shipments of goods. As a result of an accident occurring in the course of his employment, he sustained a fracture and dislocation of his right arm at the shoulder joint. The union was imperfect and an operation was required for the purpose of increasing his range of movements at the shoulder. The limit of movement since the operation is to raise the injured hand as high as his forehead, the scope of motion in the shoulder being but ten per cent of normal. Two doctors testified this condition is a permanent one and prevents the use of the arm in manual labor. Plaintiff has, to some extent, the use of his hand to write but can only do so if the arm is supported in a particular position. To pick an article from the floor he is required to assume a stooping position with his knees on the floor. The evidence of the doctors is that plaintiff “is still and will remain permanently disabled in his shoulder joint.” This, and other testimony before us, is ample to support the findings of the board, and of the court below, of increased disability resulting in the loss of the use of his arm.
The judgment is affirmed.
Reference
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- Workmen’s compensation — Loss of use of arm — Decrease in earning power — Evidence of injury — Review of evidence on appeal— Act of June 26, 1919, P. L. 61$. 1. On appeal from order of the common pleas confirming an award of the Workmen’s Compensation Board, it is the duty of the appellate court, under the Act of June 26, 1919, P. L. 642, to consider whether there is evidence to support the findings of the board, and if so, whether the law has been properly applied. 2. The evidence in this case was held sufficient to support the findings of the board, and of the court below, of increased disability resulting in the loss of the use of claimant’s arm. 3. If an injury results in the permanent loss of the use of an arm, compensation for such loss cannot be avoided by showing the claimant’s ability to earn as much in another occupation not requiring the use of the injured member. 4. While loss of earning power may be evidence tending to show the extent of injuries, yet the mere fact that earning power has not decreased, will not prevent recovery for* injuries actually sustained.