McClary v. Wagoner

Plaintiff was employed by defendant and assigned to work as a carpenter. On May 7, 1956, he fell from a scaffold and suffered a fracture of the left os calcis. * Compensation was paid voluntarily during the 500 week period following the injury.

On December 7, 1965, the plaintiff filed an application for hearing with the workmen’s compensation department claiming injury to the lower extremities resulting in permanent and total disability, including “permanent and total loss of industrial use of both legs.” MCLA § 412.10(h) (7) (Stat Ann 1968 Rev § 17.160 [b] [7]).

The referee concluded that the…