Opinion
No. 12,658.
Filed December 21, 1926.
From Industrial Board of Indiana.
Proceeding under the Workmen's Compensation Act between A.T. Stewart and the Old Knox Mining Company. From the decision of the Industrial Board, the former appeals. Affirmed. By the court in banc.
John A. Riddle, for appellant.
White Wright, for appellee.
Judgment affirmed on the authority of Calumet, etc., Machine Co. v. Mroz (1923), 80 Ind. App. 619, 141 N.E. 883.
DISSENTING OPINION.
I cannot concur in the opinion of the majority in this case. I am still of the opinion that the law should be as expressed in Calumet, etc., Machine Co. v. Mroz (1922), 79 Ind. App. 305, 137 N.E. 627, and in the dissenting opinion of Batman, J., in Calumet, etc., Machine Co. v. Mroz (1923), 80 Ind. App. 619, 141 N.E. 884, in which dissenting opinion, I concurred. I am still fully convinced that when a workman, having previously lost the sight of one eye, loses the sight of the other eye in due course of employment, he should receive compensation for permanent total disability.