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12361.

COMPILED LAWS 1915—Continued.
PAGE

PAGE 88 6689 et seq. 671 $$ 11954

622 7774 et seq. 483 11958

623 7795 371 11967.

624 7957, 7958.

407
11977, 11981.

491
8109 et seg.
566 12254

201 8134 672 12268

468 8161

577
12320

317
8161 et seq..
..552, 566 12342

501 8302 394 12353

.306, 316, 517 8305 311

.652, 654 8435 557 12494

682 9063 et seq. .619, 621 12550

158 11417. . 203. 247 12555.

.536, 651 11436 203 12586

680 11479 et seq. 465 12587.

.243, 680 11480 469 12593.

. 206, 210 11532 et seq. 182 13108, 13109.

632 11564

256
13149

235 11571 498 13183

406 11573

275
13211

408 11798.

187
14568 et seq.

239
11818
132 14800

376 11832 et seq.. 144, 623 14959.

.695, 703 11834 .. 117 15208

369 11875, subd. 3 144 15211

.96, 99 11892 ... 114 15308

32 11945 et seq..562, 619, 621 15757

370

SESSION LAWS.
PAGE

PAGE 1867, Act 30 9 1913, Act 206

671 1881, Act 55 187 1915, Act 46

619 1887, Act 112

99
$ 10.

622 Act 143

100
8 14.

623 8 1.

99
§ 23.

624 Act 267

206
Act 145

672 1895, Act 70

100
Act 217

239 1901, Act 30

557
Act 259.

.551, 566 Act 206

619
8 1.

577 1903, Act 475 (Local), 88

Act 314.

.501, 517 3, 12

632

chap. 4, 8 7.... 202 1905, Act 223

82

chap. 5, 8 1, 1907, Act 310 619 subd. 5

468 1909, Act 144.. .551, 566

chap. 12, 8 10..
Act 300
566

652, 654 1911, Act 274

263

chap. 14, 8 4... 667
$$ 1.9.
266

chap 18, 88 14,
8 4.
263 15

680 1912, Act 7, 8 1....

262

$ 15...... 243 Act 10, pt. 2, § 6.... 602

chap. 27, 88 29, § 10.

632 pt. 3, § 13. 591

chap, 28, 8 28.. 235 1913, Act 100.

623

chap. 29, 8 16.. 406

30

SESSION LAWS-Continued.
PAGE

PAGE 1915, Act 314, chap. 29, § 1917, Act 172.

.69, 397 44

408
Act 196.

.32, 40-43 1917, Act 6, § 5, subd. d.. 104 Act 203, chap. 14, $ 5. 525 Act 41

593

No. 22, § 1.
No. 23

§ 2.

CIRCUIT COURT RULES.

PAGE
311 No. 44
239 No. 45
406

PAGE

239 522, 680

JANUARY TERM, 1919.*

STOCIN v. C. R. WILSON BODY CO.

MASTER AND SERVANT-WORKMEN'S COMPENSATION LAW-Loss OF
ARM-WORDS AND PHRASES-COMMON MEANING-STATUTES.
In proceedings under the workmen's compensation law,

where plaintiff's arm, as the result of an accident in
defendant's employ, was amputated above the forearm,
resulting in atrophy of the muscles of the upper arm,
he was properly awarded compensation of $10 per week
for 200 weeks for the loss of an arm, as provided in sec-
tion 10, part 2 of said act (2 Comp. Laws 1915, § 5440),
he having lost an arm according to the common and ap-
proved usage of the language (1 Comp. Laws 1915, $ 64,
subd. 1), as testified to by the attending physician.

Certiorari to Industrial Accident Board. Submitted January 21, 1919. (Docket No. 81.) Decided April 3, 1919.

Peter Stocin presented his claim for compensation against the C. R. Wilson Body Company for injuries received in defendant's employ. From an order awarding compensation, defendant and the Royal Indemnity Company, insurer, bring certiorari. Affirmed.

John B. Coughlin, for appellants.

MOORE, J. The respondent C. R. Wilson Body Company was engaged in the manufacture of automobile bodies on October 8, 1917, and was operating under the workmen's compensation act of the State of Michigan. The Royal Indemnity Company was on that date the insurer of the C. R. Wilson Body Company. It

*Continued from Vol. 204.
See notes in L. R. A. 1916 4, 23; L. R. A. 1917D, 80.

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is agreed that on that date the plaintiff was an employee of the C. R. Wilson Body Company, that he received an injury arising out of and in the course of his employment and that his wages were $21.60 a week. The said injury resulting in a crushed arm at the junction of the upper and middle third, necessitating amputation at a point shown on the annexed diagram.

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Amputation right fore-arm in the upper third. A claim was made and the arbitration committee awarded plaintiff compensation for 200 weeks. An appeal was taken to the industrial board who on July 26, 1918, made an award of 200 weeks' compensation. The case was brought before this court on a writ of certiorari to review the proceedings.

The respondent claims the industrial accident board erred as follows:

1. In making an award of 200 weeks' compensation.

2. In finding that applicant has lost the right arm by amputation.

3. In not finding that applicant is entitled to 150 weeks' compensation.

We are not furnished with a brief on the part of the appellee.

In the testimony of one of the doctors appears the following:

"Chairman Zierleyn: It is a fact, doctor, the forearm is part of the arm proper?

"A. Yes, sir.

"Chairman Zierleyn: The forearm in this case has been amputated ?

"A. Yes, sir.

Chairman Zierleyn: Because of the amputation you have an atrophy of the muscles of the upper arm?

“A. That is right.

"Chairman Zierleyn: And to the ordinary layman it would appear that the man had lost the arm?

A. That is right.

"Chairman Zierleyn: The fact of the amputation having taken place where it has taken place in this case has destroyed the use of the arm, has it not?

"A. It has not destroyed it entirely, but it has taken away a great deal of its function.”

Redirect examination:

By Mr. Coughlin: Q. Doctor, is not the fact it has taken away a great deal of the function due to the fact the forearm and wrist are gone and cannot be called into use as it would be if they were present?

“A. Not entirely. In amputation of limbs, legs and arms, the nerve control at the joint of amputationit causes the nerves below to become atrophied. Loss of the part is mostly mechanical.

By Mr. Ward (arbitrator for respondent): Q. Doctor, you say to the layman it would appear this man has lost his arm? Is that correct, looking at him?

"A. I would say part of his arm.

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