Anderson v. Kinsley Sand & Gravel, Inc.

This court under the guise of liberal construction of the Workmens Compensation Act should not change a long-established statutory and decisional rule merely to assist a claimant in obtaining an award when he has failed to establish by evidence his entitlement to such an award under established law.

The Act does not recognize functional disability as the test to be used in determining an award for permanent partial disability. Loss of earning power of the workman is, and has been, the theoretical basis for allowance of compensation until the present majority opinion was written.

In G. S. 1949,…