Opinion
June 19, 1967
Appeal by the employer and its insurance carrier from a decision of the Workmen's Compensation Board which awarded benefits to claimant for 100% loss of use of the left index finger. Claimant suffered an amputation through the distal half of the middle phalanx of his finger. The entire distal phalanx is gone plus a portion of the middle phalanx including part of the bone of this phalanx. On the basis of the medical findings the board found 100% loss of use of the finger. Appellants contend that the loss to the middle phalanx was insufficient to support a finding of total loss under section 15 (subd. 3, par. n) of the Workmen's Compensation Law. We do not agree. Paragraph n of subdivision 3 establishing the schedule of compensation states: "Compensation for the loss of more than one phalange of a digit shall be the same as for loss of the entire digit. Compensation for loss of the first phalange shall be one-half of the compensation for loss of the entire digit." This statutory directive together with the medical findings of loss of skin and bone and the resultant stump are sufficient to sustain the award and we cannot say as a matter of law that the board erred merely because over 50% of the second phalanx remains after the amputation. Decision affirmed, with costs to the Workmen's Compensation Board. Gibson, P.J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by Aulisi, J.