Black Diamond Collieries v. Carden

This is a proceeding under the Workmen’s Compensation Act, Chapter 123 of the Acts of 1919. The only question presented is whether the defendant in error is entitled to recover as for the loss of a leg or as for the loss of a foot. The trial judge held that he. was entitled to recover as for a leg, and the employer has appealed.

The statute — section 28, subsec. (c) — provides for recovery as follows:

“For the loss of a foot, fifty per centum of average weekly wages during one hundred and twenty-five (125) weeks.

“For the loss of a leg, fifty per centum of the average weekly wages during one…