Claim of Fortino v. Merchants' Despatch Transportation Co.

The claimant in the present proceeding has an award as for the total loss of the ihdex finger of his left hand, the amputation made necessary by the injury resulting in the taking of a portion of the second phalange of the finger. Unless this court is to withdraw from the deliberate reasoning in Matter of Petrie (165 App. Div. 561), where we attempted to reach the true construction of the statute,* the determination of the Commission must be approved in this case. We are the more willing to reach this conclusion in view of the fact that any other construction would require a holding that this…