Boggs v. D & L CONSTRUCTION COMPANY

CARMODY, Justice.

The employer appeals from a judgment granting total permanent disability to a workmen’s compensation claimant.

No question is raised with respect to the accident, nor the fact that claimant is entitled to some compensation. The basic difficulty and claim of error is that, inasmuch as the claimant suffered a claimed scheduled injury, the court erred in considering loss of wage-earning ability.

The trial court made the following findings ;

“5. That as a natural and direct result of the accident, Plaintiff suffered a fracture of both condyles of the right tibia.”

“7. That Plaintiff…