Behl v. General Motors

181 N.W.2d 660, 25 Mich. App. 490, 1970 Mich. App. LEXIS 1599
CourtMichigan Court of Appeals
DecidedJuly 29, 1970
DocketDocket No. 7,874
StatusPublished
Cited by2 cases

This text of 181 N.W.2d 660 (Behl v. General Motors) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Behl v. General Motors, 181 N.W.2d 660, 25 Mich. App. 490, 1970 Mich. App. LEXIS 1599 (Mich. Ct. App. 1970).

Opinion

Lesinski, C. J.

Plaintiff David Behl filed the instant claim for workmen’s compensation to recover for a broken hearing aid. The hearing referee awarded plaintiff $264.80 and the Workmen’s Compensation Appeal Board affirmed. Defendant appeals upon leave granted.

The facts of the case may be simply stated. Plaintiff alleged that while at work he slipped on a bolt, which was lying in the yard where he was working, lost his balance and dropped his dinner bucket. As he bent over to pick it up, his hearing aid fell off his ear and was broken. Defendant alleged simply that plaintiff bent over to pick something up and his hearing aid dropped off.

[492]*492MCLA § 412.4 (Stat Ann 2968 Rev § 17.154), provides in relevant part:

“The employer shall furnish, or cause to be furnished, to an employee who receives a personal injury arising out of and in the course of his employment, reasonable medical, surgical and hospital services and medicines or other attendance or treatment recognized by the laws of this state as legal, when they are needed. * * * The employer shall also supply to such injured employee dental service, crutches, artificial limbs, eyes, teeth, eyeglasses, hearing apparatus and such other appliances as may be necessary to cure, so far as reasonably possible, and relieve from the effects of the injury.” (Emphasis supplied.)

The sole issue raised on appeal is whether damage to a hearing aid is a “personal injury” within the meaning of the Workmen’s Compensation Act.

MCLA § 417.1 (Stat Ann 1968 Rev § 17.220), provides :

“Whenever used in this act:

“(a) ‘Disability’ means the state of being disabled from earning full wages at the work in which the employee was last subjected to the conditions resulting in disability.

“(b) ‘Disablement’ means the event of becoming so disabled.

“(c) ‘Personal injury’ shall include a disease or disability which is due to causes and conditions which are -characteristic of and peculiar to the business of the employer and which arises out of and in the course of the employment.”

Unfortunately, these definitions are not clear in their application to the instant case.

Our research satisfies us that this question has not been faced by a Michigan court and we, therefore, treat it as a case of first impression.

[493]*493A limited number of cases from other jurisdictions exist which are relevant to the issue presented. In Pacific Indemnity Company v. Industrial Accident Commission of California (1932), 215 Cal 461 (11 P2d 1), the supreme court of California allowed recovery for a worker’s artificial leg, which had been broken, under a constitutional provision providing for compensation for “injury or disability”.

In California Casualty Indemnity Exchange v. Industrial Accident Commission of California (1939), 13 Cal 2d 529 (90 P2d 289), however, the same court did not allow recovery for eyeglasses which were damaged in an industrial accident. The applicable California statute provided: “Injury includes any injury or disease arising* out of the employment, including injuries to artificial members.”1 The court in California Casualty stated at p 532:

“In 1 Campbell on Workmen’s Compensation, § 99, p 75, it is stated that ‘The breakage of eyeglasses, injury to a wig or toupee, ear-horns, * * * orthopedic shoes and apparatus whose correction or replacement is less than such a portion of a limb as to be regarded as “an artificial member” would thus come under the classification of “property damage” and is not a compensable injury. The test is whether the thing injured was a substitute for or a mere aid to a portion of the body.’

“In 1 Schneider on Workmen’s Compensation § 147, p 539, it is stated that ‘neither is the breaking of an eye-glass, as a result of a fall, a personal injury.’

“Though eye-glasses may in many instances be ‘essential to the proper functioning of the body,’ as urged by respondent, it may equally be argued that the chill blasts of winter and the heat rays of summer make clothing ‘essential to the proper function[494]*494ing of the body5 and yet, it would hardly be contended that an injury to clothes, or other articles of personal property, should be compensable under our present law. Many persons, equipped with all of their natural members, use various types of personal property to enable such natural members to function more efficiently. Among such aids may be mentioned corsets, trusses, elastic supports, ear horns, elastic stockings, back braces, knee braces, goggles, and others. These articles cannot be said to be ‘artificial members’ or substitutes therefor.”

The court specifically distinguished Pacific Indemnity, supra, on the grounds that an artificial leg is a replacement for a natural part of the body while eye-glasses only allow an existing part of the body to function more efficiently. The court noted at p 531:

“ ‘The ultimate test to be applied to any given case in order to determine whether it comes within the provisions of the above section is: Was the thing injured a substitute for, or a mere aid to some natural part of the body? Eye-glasses are in no sense a substitute or replacement for a natural part of the body; they are merely aids to the eyesight. The eyes, which are the organs of sight, however defective they may be, are still a natural part of the human body.5 ”

In London Guarantee & Accident Co. v. Industrial Commission (1926), 80 Colo 162 (249 P 642), the court held:

“The district court affirmed an award of the commission to the claimant Chambers, for the accidental injury of his wooden leg. Compensation can be awarded for personal injuries only (CL §§4389, 4387, 4388, 4404), which means injury to the person * * * • _ A wooden leg is a man’s property, not part of his person, and no compensation can be awarded for its injury.” [495]*495Grond v. Wormann Apartments (1935), 13 NJ Misc 884 (182 A 28), and Ratliff v. Cubbage (1951), 314 Ky 716 (236 SW2d 944), also denied recovery for injured artificial legs.

More recently the Supreme Court of Nebraska in Newberry v. Youngs (1956), 163 Neb 397 (80 NW2d 165), held that an employee could not recover for broken eyeglasses under a statute (at p 405) “designed to relieve or cure the physical injuries suffered by the employee.” And, in Southern Electric, Inc. v. Spall (Fla, 1961), 130 So 2d 279, the Supreme Court of Florida held that a statute allowing recovery for “personal injury” did not include damages to artificial members or prosthetic devices, which the court felt to be personal property and not a part of the person.

While we are not bound by the foregoing cases, we cannot help but note that to date no case has held damaged eyeglasses or hearing aids to be “personal injuries.” The states that allow recovery do so specifically by statute.2 Yet, significantly, nearly half of these statutes appear to require that the prosthetic appliance be actually on the body when it is damaged,2 3 or else that it be damaged as part of an accident causing injury to the body itself.4

Two policies appear to support the conclusions reached in the above noted cases.

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Cite This Page — Counsel Stack

Bluebook (online)
181 N.W.2d 660, 25 Mich. App. 490, 1970 Mich. App. LEXIS 1599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/behl-v-general-motors-michctapp-1970.