Gerald T. Rohnert v. Amalgamated Sugar

On January 18, 1971, the claimant-appellant, Gerald T. Rohnert was injured while in the employment of the defendant-respondent Amalgamated Sugar Company. As a result of the injury, the appellant's left leg was amputated below the knee. The appellant was subsequently fitted with an artificial leg. The appellant and respondent entered into a compensation agreement which covered all the areas of the respondent's liability except for the issue of whether the respondent was liable for future repairs and replacements of the prosthesis necessitated by ordinary wear and tear. The appellant requested the Industrial Commission to hold a hearing on the disputed issue. The parties stipulated that the prosthesis would be subject to wear and tear which would result in the need for future repairs and replacement, and they stipulated that the only issue in dispute was whether the respondent was liable for the future repairs and replacements. Prior to the hearing the appellant filed a supplemental petition requesting a lump sum payment for the future prosthesis expenses. The Industrial Commission held a hearing and issued findings of fact, Conclusions of law and order which held that that Section 72-324 [I.C. § 72-324] had modified Section 72-307 [I.C. § 72-307] with respect to the furnishing of artificial limbs, and the Commission further concludes that this section limits the employer's liability under Section 72-307 [I.C. § 72-307] to the original furnishing of the limb.[Footnote 1] The Industrial Commission held that the appellant's petition for recovery for his future prosthesis repair and replacement costs be denied. The appellant appeals that order to this Court.