Komendera v. American Bar & Cabinet Manufacturers

212 N.W.2d 173, 390 Mich. 305, 1973 Mich. LEXIS 144
CourtMichigan Supreme Court
DecidedNovember 20, 1973
Docket15 April Term 1973, Docket No. 54,065
StatusPublished
Cited by9 cases

This text of 212 N.W.2d 173 (Komendera v. American Bar & Cabinet Manufacturers) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Komendera v. American Bar & Cabinet Manufacturers, 212 N.W.2d 173, 390 Mich. 305, 1973 Mich. LEXIS 144 (Mich. 1973).

Opinions

T. M. Kavanagh, C. J.

This case is before us on leave granted, 388 Mich 755 (1972), from a decision of the Court of Appeals, 39 Mich App 370; 197 NW2d 511 (1972) upholding a ruling of the Workmen’s Compensation Appeal Board that because Sorensen v Grand Rapids Metalcraft, 333 Mich 709; 53 NW2d 590 (1952) still prevailed in this state, plaintiff was not entitled to benefits for the loss of use of his hand. The facts giving rise to this appeal are as follows:

Plaintiff was employed during the year 1955 by the U.S. Radiator Company as a maintenance carpenter. While there, during his employment, he sustained an injury to his left hand which amputated his ring finger and half of his thumb. He also suffered some flexion loss to his middle finger at [309]*309this time due to his palm having been cut in the accident.

He recovered from his accident and became a cabinet maker, which occupation he pursued until early March 1966 at which time he was hired by defendant, American Bar and Cabinet Manufacturers in that capacity. On March 29, 1966, plaintiff again suffered an injury during the course of his employment. The accident resulted in amputation of the index finger of plaintiff’s left hand. Upon his return to work, plaintiff found he was no longer able to make effective use of his left hand and thus was no longer able to perform his job as cabinet maker. He has now gained new employment in a non-skilled job as an assembler.

Plaintiff filed a petition with the Workmen’s Compensation Department alleging that he had lost the industrial use of his left hand and requesting the statutory benefits therefor. After a full hearing, the referee made the following findings:

"I find that the plaintiff has suffered the industrial loss of use of his left hand not only in his skilled work as a cabinet maker but in the field of common labor. Compensation is ordered paid in accord with Magreta v Ambassador Steel Company. While plaintiff has in fact suffered the industrial loss of use, I must apply the harsh rule of Sorensen v Grand Rapids Metalcraft, 333 Mich 709 and not charge the defendant for the condition which did not wholly result from this injury. Taken by itself this injury would not have caused the loss of use of this hand.”1

Upon appeal to the Court of Appeals, that Court stated:

[310]*310"We recognize that the Sorensen rule leads to a harsh result in that the worker is forced to bear a substantial part of the ultimate financial loss brought about by the injury.” 39 Mich App 370,375-376.
"Plaintiff points out that Sorensen has never been followed, or even cited, in later decisions by Michigan courts. However, our role as an intermediate appellate court is limited, and we are not free to disregard clear precedent of this state’s highest court.” 39 Mich App 370, 377.

Due to the questioned continued validity of Sorensen supra, this Court granted leave to appeal.

The issue presented to this Court bottoms itself on the fact that when an individual suffers consecutive losses of parts of his body, there comes a point in time when the cumulative effect of these losses presents a far greater disability than any one loss considered of and by itself. Thus, an individual who has lost a leg is indeed unfortunate, but, in the majority of situations is far from being absolutely and totally disabled. In most situations he is able to continue to lead a close to normal life. But when that same individual then loses the remaining leg, a different situation presents itself. Though it is true that as a result of the second injury he has only lost one leg, and should not be totally disabled from that loss alone, 'due to the fact that he only had one leg to lose, he may now be considered, and in fact may be, totally disabled.

This Court has to answer the question of whether, in a situation akin to that above, the employer responsible for the second injury alone, should be liable only for that specific injury, or for the actual total disability now suffered by the claimant. Sorensen, supra, holds the employer liable only for the former.

This type of issue was first before our Court in [311]*311Weaver v Maxwell Motor Co, 186 Mich 588; 152 NW 933; 1916B LRA 1276 (1915). In Weaver, the plaintiff suffered the loss of his right eye prior to the enactment of our workmen’s compensation statute in 1912. Such loss, of course, was not compensable. Subsequently, he suffered a compensable loss of his left eye which left him totally blind. The Court at that time ruled that since the present employer was in no way responsible for the previous injury, this injury could not be combined with the later one to produce total disability. It held the employer liable only for the loss of the left eye.

Following Weaver, supra, the Court decided Winn v Adjustable Table Co, 193 Mich 127; 159 NW 372 (1916). In Winn, the plaintiff had lost three fingers of his right hand previously in a noncompensable accident. Later, during his employment at Adjustable Table Co, he suffered a further loss of his remaining finger. Plaintiff also suffered from a shoulder ailment and a severe arthritic condition, and, since the culmination of all these conditions left him unable to work, he applied for extended partial disability benefits. The Industrial Accident Board treated this fact situation as an industrial loss of use of an arm and awarded benefits accordingly. Our Court, relying solely on Weaver v Maxwell Motor Co, supra, reversed and awarded benefits solely for the loss of a finger. The Court reasoned that since the claimant was totally disabled, partial disability benefits were inappropriate.

This Court next decided Collins v Albert A. Albrecht Co, 212 Mich 147; 180 NW 480 (1920). In that case, Mr. Collins had, prior to his employment with the Albrecht Company, suffered the non-compensable loss of his left eye. During his [312]*312employment he suffered the loss of use of his remaining right eye due to an industrial accident. He applied for permanent and total disability benefits being now unable to continue his occupation as a carpenter. This Court denied the permanent and total benefits to Mr. Collins based solely on its prior holding in Weaver, supra. He received benefits only for the loss of his right eye.

With this judicial precedent present in our system of jurisprudence, the now troublesome case of Sorensen v Grand Rapids Metalcraft, 333 Mich 709; 53 NW2d 590 (1952) came before the Court. In Sorensen plaintiff had suffered previously the noncompensable loss of the thumb, index and middle fingers of his left hand. This loss was occasioned when, as a child, he had picked up a dynamite cap which exploded in his hand. Reaching maturity, plaintiff developed a dexterity with his left hand in that he could use it as well as his right hand. He held many two-handed jobs and was in no way handicapped in his employment from the loss he suffered as a child.

While employed at defendant’s place of business as a punch press operator, he suffered an industrial injury which cost him the remaining two fingers on his left hand. The Commission found he had lost the industrial use of his left hand and awarded compensation accordingly.

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Komendera v. American Bar & Cabinet Manufacturers
212 N.W.2d 173 (Michigan Supreme Court, 1973)

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Bluebook (online)
212 N.W.2d 173, 390 Mich. 305, 1973 Mich. LEXIS 144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/komendera-v-american-bar-cabinet-manufacturers-mich-1973.