Burke v. Ontonagon County Road Commission

In this case it is not disputed that the claimant (plaintiffs decedent) injured one leg in an employment-related accident. Subsequent movement had debilitating consequences for his other leg, because his injured leg had to be favored. The claimant was unable to return to work. The Workmen’s Compensation Appeal Board, in determining whether the employment-related injury caused "permanent and total loss of industrial use of both legs” under § (b)(7) of the Workmen’s Compensation Act 1 used the following hypothetical test:

"[Assuming plaintiffs left leg was not disabled [it actually was], would…