Claim of Jones v. Republic Light, Heat & Power Co.

Hinman, J. (dissenting).

I do not see how the claimant can set at naught the statute plainly covering his multiple injuries, as construed by the court, by electing now to take a schedule award for loss of an eye on the assumption that he can later apply to have his conceded leg injury (forty per cent loss) considered under subdivision 3-u (now 3-v) of section 15 of the Workmen’s Compensation Law if he happens to suffer, later on, a loss of earning capacity. It was not intended that he and the Board could thus deliberately juggle his injuries and the provisions of the statute applicable…