Lee Connell Construction Company v. Swann

327 S.E.2d 222, 254 Ga. 121, 1985 Ga. LEXIS 641

• Court: Supreme Court of Georgia
• Decided: March 15, 1985
• Docket: 41677
• Status: Published

Opinions

Weltner, Justice.

We granted certiorari in this workers’ compensation case to determine the effect of a permanent lens implant, in a case wherein the full board has awarded compensation based upon 100% loss of use of the claimant’s eye. Lee Connell Constr. Co. v. Swann, 172 Ga. App. 305 (322 SE2d 736) (1984).

The claimant had not worn glasses prior to injury. After injury, his uncorrected vision was 20/400, equivalent to industrial blindness, and his vision as corrected by eyeglasses was 20/100. Following surgical removal of the injured cornea and the implant of the new, permanent lens, his uncorrected vision was 20/40 and his corrected vision 20/20.

The administrative law judge awarded compensation based upon his 20/40 vision. The full board reversed, and awarded 100% loss of use of the eye. The superior court and the Court of Appeals affirmed the award of the full board.

1. The Court of Appeals equated the permanent lens implant with the wearing of eyeglasses or contact lens. We disagree, and adopt the view — consistent with the facts of the case and the advances of medical science — that vision has been restored to the eye to the extent of the correction of visual acuity resulting from the permanent lens implant. Larson’s Workmen’s Compensation Law, § 58.13 (f).

2. The claimant’s uncorrected vision was 20/40 after vision had been restored to the eye through the surgical procedure. The administrative law judge was authorized to enter an award based upon the claimant’s need for eyeglasses after the surgical procedure to attain 20/20 corrected vision. Ga. Cas. &c. Co. v. Speller, 122 Ga. App. 459 (177 SE2d 491) (1970).

Decided March 15, 1985. Swift, Currie, McGhee & Hiers, George L. Pope, Jr., for appellants. Mundy & Gammage, John M. Strain, for appellee.

Judgment reversed.

All the Justices concur, except Clarke, Smith and Gregory, JJ., who dissent.