Legal Opinion

McLean's Case

Supreme Judicial Court of Maine

Decided October 22, 1920PublishedCited by 9 opinions

This is an appeal from a decree by a Justice of the Supreme Judicial Court, in conformity with the decision of the Industrial Accident Commission, that the claimant on January 6, 1919, while in the employ of the American Railway Express Company, sustained an injury to his right foot, in consequence of which so much of the foot as lay forward of the plane of the front surface of the tibia was amputated.

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This is an appeal from a decree by a Justice of the Supreme Judicial Court, in conformity with the decision of the Industrial Accident Commission, that the claimant on January 6, 1919, while in the employ of the American Railway Express Company, sustained an injury to his right foot, in consequence of which so much of the foot as lay forward of the plane of the front surface of the tibia was amputated. The Industrial Accident Commission held that the injury constituted “the loss of a foot” within the meaning of R. S., Chap. 50, Sec. 16, and awarded claimant in addition to his medical bills,…

1Opinion of the CourtCornish, C. J.

On January 6, 1919, the claimant, an employe of the American Railway Express Company, sustained an injury to his right foot in consequence of which so much of the foot as lay forward of the plane of the front surface of the tibia or shin bone was amputated. The Industrial Accident Commission decided that this constituted “the loss of a foot” under R. S., Chap. 50, Sec. 16, and accordingly awarded the plaintiff in addition to his medical bills 8132.50, the sum of $8.88, being one-half his average weekly wages, for a period of one hundred and twenty-five weeks, beginning January 20, 1919.

It is…

2Cited by9 opinions

  1. American Mutual Liability Insurance v. BrockCourt of Appeals of Georgia · 1926
  2. Moses v. National Union Coal Mining Co.Supreme Court of Iowa · 1921
  3. State, Ex Rel. v. Ind. Com.Ohio Supreme Court · 1946
  4. Nolan v. Ernest Const. Co.Supreme Court of Alabama · 1942
  5. Cook v. Colby College & Liberty Mutual InsuranceSupreme Judicial Court of Maine · 1959

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