Department of Correction v. Johnson

Henderson, J.,

filed the following dissenting opinion.

The appellee sustained injuries resulting in the loss of the terminal phalanx of both thumbs. The Commission held that these injuries were not within the schedule of specific injuries set forth in section 36, subsection (3) of the Compensation Act, but fell within subsection (4), which sets up a different measure of recovery for “all other cases of disability, other than those specifically enumerated disabilities set forth in subsection (3)”. On this basis, the Commission’s award was more than twice as great as the sum of the scheduled…