Gross v. Herb Lungren Chevrolet, Inc.

The opinion of the court was delivered by

Miller, J.:

This is a workmen’s compensation proceeding. The claimant, Jacob A. Gross, sustained a “scheduled” injury, a permanent partial loss of the use of his left lower leg, during the course of his employment as a mechanic for Lungren Chevrolet. From an award basing his compensation on a 20% loss of use of the lower leg, he appeals, contending that the award is improperly based on functional rather than work disability.

The issue before us is the meaning of “loss of the use,” as that phrase is used in K. S. A. 44-510d (21), now K. S. A. 1975 Supp.…