Sykes v. Republic Coal Co‪.‬

Master and Servant ? Workmens Compensation Act ? When Disability of Claimant Permanent in Character ? Neurotic Condition Traceable to Injury ? Partial Disability ? How Compensable ? Appeal ? Admissibility of Additional Testimony ? When "Good Cause" Shown. Workmens Compensation ? Appeal ? Permitting Introduction of Additional Testimony ? What Constitutes "Good Cause." 1. Under the rule, prescribed by the Workmens Compensation Act, that all its parts shall be given a liberal construction, held that "good cause" for the admission of additional testimony on appeal from an award made by the Industrial Accident Board is shown, in the absence of specific provision as to the manner in which it must be shown, by a presentation of the reasons why it should be permitted, made in the presence of opposing counsel. Same ? Appeal ? Circumstances Under Which Additional Testimony Properly Admitted. 2. Where the purpose of an appeal by a claimant under the Workmens Compensation Act was to test the correctness of an order of the Industrial Accident Board limiting the period of payment of the award allowed, the court did not err in permitting additional oral testimony of claimants condition at the time of expiration of the period fixed by the board. Same ? Incapacity of Workman and Duration Thereof ? Testimony of Physicians Indecisive ? Determination to be in Favor of Claimant. 3. Questions of the incapacity of an injured workman and the duration thereof must be determined as are other questions of fact, and where the testimony of physicians in that behalf is indecisive, determination of the period during which payment shall be made should be in favor of the claimant. Same ? When Disability of Claimant Permanent in Character. 4. "Disability," within the meaning of the Workmens Compensation Act, is "permanent in character" if it is shown that its duration is indefinite. Same ? Disability of Claimant Due to Neurotic Condition of Claimant ? Compensation Allowable. 5. A workman who, because of a neurotic condition as the result of an industrial accident is incapacitated for work, is not deprived of his right to compensation because of insufficient will-power to throw off that condition. - Page 240 Same ? When Compensation Allowable on Basis of Permanent Disability. 6. Workmens compensation cases presenting the question of permanent or temporary disability should be dealt with as they stand at the time of hearing, and unless there is some definite evidence before the Industrial Accident Board, or before the district court on appeal, justifying a finding that recovery of a claimant is reasonably certain, compensation should be allowed on the basis of a permanent disability, subject to the rule that if in the meantime the workman recovers, payment may be terminated upon application for modification of the order. Same ? Partial Disability ? How Compensable ? Statutes. 7. Partial disability, permanent in character, by reason of loss of a member of the body, is compensable under the schedule provided in section 2920, Revised Codes 1921, as amended by Chapter 177, Laws of 1929, while such disability caused by an injury other than the loss of a member is covered by amended section 2914. Same ? Case at Bar ? Fixing Payment of Compensation on Percentage Plan ? Harmless Error. 8. Held, that the district court on appeal by a claimant under the Workmens Compensation Act was, under the facts, authorized to award appellant for an injury to his back and partial paralysis to a leg, as for partial permanent disability, the sum of $20 per week for 125 weeks (the number of weeks being left to the courts discretion), and that while it erred in fixing the payment on the percentage plan, its doing so amounted to no more than an exercise of its discretion in fixing the number of weeks at one-fourth (25 per cent.) of the maximum of 500 weeks allowable.