Pugh v. State Compensation Commissioner

Woods, Judge:

Claimant’s right leg was amputated 5-% inches above the ankle, due to injuries to the right leg and foot in a slate fall on August 16, 1929. On October 30, 1929, the commissioner fixed the disability at 40%, and made an award of $8.00 per week for 160 weeks, the same expiring September 16, 1932. On November 12, 1929, upon additional evidence and information, the weekly rate was increased to $16.00.

Mandamus is sought to be invoked to require the commissioner to make an additional award of 5%, the statute (Code 1931, 23-4-6, subsection d) providing 45% for loss of leg; and to pay…