Yanez v. Skousen Construction Co‪.‬

In this appeal of a workmens compensation case, plaintiff-appellant complains that the trial court erred in limiting his recovery to the leg as a scheduled member rather than extending the disability to the body as a whole. Finding "that after this action was filed, that is on or about November 8, 1965, the plaintiff was again examined medically, and his residual disability re-evaluated due to the pain of which he complained, an overgrowth of bone in the upper end of the femur and on the ilium and the fractured femur which was well healed, and this re-evaluation was thirty-five per cent disability of his right leg, but that the overgrowth of bone could be surgically removed by a safe operation, which is not serious nor dangerous to life or health, with some reasonable prospect of relief from the continuing pain and the increased disability," the trial court concluded (No. 4) "that the plaintiffs disability for which he is entitled to compensation is to right leg as a scheduled member under the Workmens Compensation Act and not to his body as a whole," and awarded thirty-five per cent permanent partial disability of such leg for a total of 150 weeks.