Malmedal v. Industrial Accident Board

MR. JUSTICE BOTTOMLY:

(concurring in result).

I agree with the result reached in the majority opinion as to the affirmance of the order of the Board and district court in disallowing a lump-sum settlement. However, under the facts and evidence, in my opinion, where, as here, the claimant is a man of very limited education and is totally disabled to perform the only work he is accustomed and qualified to do, that under the law such an injured workman is either able or unable to work. There is no percenatge of ability to perform labor known to our workmen’s eompenastion law. It is therefore my opinion the claimant being totally disabled and hence incapable of being gainfully employed as the doctor testified, the award should be for 500 weeks, to which the claimant is entitled. The Board, keeping jurisdiction, could at any time in the future if it found the claimant had recovered and was able to resume work, then make an appropriate order.