Grudle v. State Accident Insurance Fund

479 P.2d 250, 4 Or. App. 326, 1971 Ore. App. LEXIS 899
CourtCourt of Appeals of Oregon
DecidedJanuary 7, 1971
StatusPublished
Cited by10 cases

This text of 479 P.2d 250 (Grudle v. State Accident Insurance Fund) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grudle v. State Accident Insurance Fund, 479 P.2d 250, 4 Or. App. 326, 1971 Ore. App. LEXIS 899 (Or. Ct. App. 1971).

Opinions

FOLEY, J.

This appeal is taken by the State Accident Insurance Fund from a judgment of the Circuit Court for Clackamas County awarding the claimant-workman permanent partial disability equal to 50 per cent of complete loss of all five digits of his left hand. The workman suffered a partial loss by amputation of his left thumb and left index finger and also sustained [328]*328injury to his left middle finger while operating a power saw. The remaining two fingers of his left hand were uninjured, though it is undisputed that they suffered loss of effective opposition.

The appeal requires that we construe and apply certain portions of a statute, OES 656.214, which provides in its relevant sections as follows:

“Permanent partial disability. s» * * #
“ (2) When permanent partial disability results from an injury, the workman shall receive $55 for each degree stated against such disability as follows: ÍÍ# * * * *
“(b) For the loss of one forearm at or above the wrist joint, or complete loss of all five digits, 150 degrees, or a proportion thereof for losses less than a complete loss. *
“(j) For the loss of a thumb, 48 degrees, or a proportion thereof for losses less than a complete loss.
“(k) For the loss of a first finger, 24 degrees, or a proportion thereof for losses less than a complete loss; of a second finger, 22 degrees, or a proportion thereof for losses less than a complete loss; of a third finger, 10 degrees, or a proportion thereof for losses less than a complete loss; of a fourth finger, 6 degrees, or a proportion thereof for losses less than a complete loss.
“(3) * * * A proportionate loss of use may be allowed for an uninjured finger or thumb where there has been a loss of effective opposition.”

Claimant contends that the circuit court made a proper determination and award on the ground that, where a workman sustains loss to more than one digit of a hand, subsection (2) (b) of OES 656.214 applies. On [329]*329the other hand, the Fund argues that, since OKS 656.214 (2) (j) and (k) specifically provide for the loss of thumbs and fingers, those sections are the exclusive remedies in any case where fewer than all five digits of a hand are actually injured.

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Morris v. Georgia-Pacific Corp.
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Grudle v. State Accident Insurance Fund
479 P.2d 250 (Court of Appeals of Oregon, 1971)

Cite This Page — Counsel Stack

Bluebook (online)
479 P.2d 250, 4 Or. App. 326, 1971 Ore. App. LEXIS 899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grudle-v-state-accident-insurance-fund-orctapp-1971.