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Hobertis v. Columbia Shirt Co., Inc.

Appellate Division of the Supreme Court of New York, Third Department
Jan 8, 1919
186 App. Div. 397 (N.Y. App. Div. 1919)

Summary

In Hobertis v. Columbia Shirt Co., Inc., 186 App. Div. 397, 173 N.Y. Supp., 606, the schedule compensation for the loss of an eye was awarded a petitioner who was nearsighted, having not to exceed fifty per cent vision.

Summary of this case from Shelbyville v. Kendrick

Opinion

January 8, 1919.

Alfred W. Andrews [ John N. Carlisle of counsel], for the appellants.

Merton E. Lewis, Attorney-General [ E.C. Aiken, Deputy Attorney-General, of counsel], and Robert W. Bonynge, counsel for the State Industrial Commission, for the respondents.


The claimant lost the use of an eye. She was near sighted, having not to exceed fifty per cent vision. The appellants claim she should only be allowed for the loss of one-half vision. The Commission made an award for the permanent loss of the use of an eye. From such an award this appeal is taken.

The statute does not provide that the loss of the use of an eye shall be compensated by an award based upon the amount of vision which existed previous to the accident, whether it be fifty per cent or eighty per cent of vision lost. It awards specific compensation for the loss of an eye. It is a matter of common knowledge that very few persons have complete and perfect vision. The claimant was working with defective vision. So far as appears her work was entirely satisfactory to her employer, at least so far as the wages she received. The wages received by her must be considered her wage earning capacity with defective vision. She lost the use of her eye, such as she had, and is entitled to compensation therefor based upon her earning capacity.

The award should be affirmed, with costs.

Award unanimously affirmed.


Summaries of

Hobertis v. Columbia Shirt Co., Inc.

Appellate Division of the Supreme Court of New York, Third Department
Jan 8, 1919
186 App. Div. 397 (N.Y. App. Div. 1919)

In Hobertis v. Columbia Shirt Co., Inc., 186 App. Div. 397, 173 N.Y. Supp., 606, the schedule compensation for the loss of an eye was awarded a petitioner who was nearsighted, having not to exceed fifty per cent vision.

Summary of this case from Shelbyville v. Kendrick
Case details for

Hobertis v. Columbia Shirt Co., Inc.

Case Details

Full title:Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 8, 1919

Citations

186 App. Div. 397 (N.Y. App. Div. 1919)
173 N.Y.S. 606

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Matter of Bervilacqua v. Clark

This contention is not supported by the authorities. ( Hobertis v. Columbia Shirt Co., 186 App. Div. 397;…

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