Opinion
43147.
SUBMITTED OCTOBER 5, 1967.
DECIDED OCTOBER 27, 1967.
Workmen's compensation. Polk Superior Court. Before Judge Winn.
Marson G. Dunaway, Jr., for appellant.
Henry A. Stewart, Sr., for appellee.
Under the provisions of the Workmen's Compensation Act, there may be a change in the claimant's condition from total incapacity ( Code Ann. § 114-404) to a permanent partial industrial handicap ( Code Ann. § 114-406).
SUBMITTED OCTOBER 5, 1967 — DECIDED OCTOBER 27, 1967.
This is an appeal from the judgment of the Superior Court of Polk County affirming an award of the State Board of Workmen's Compensation. The claimant sustained an injury which was confined to his left leg. In treating the leg, it was necessary to perform surgical wounds on his right thigh to secure skin which was grafted on the injured member. While recovering from the skin graft operations he had several periods of total incapacity. Subsequent to the last operation there was evidence that this disability was confined solely to his left leg. The board awarded compensation under Code Ann. § 114-404 (Ga. L. 1937, pp. 528, 531 as last amended by Ga. L. 1963, pp. 141, 145) for the periods of total incapacity and under Code Ann. § 114-406 (Ga. L. 1955, pp. 210, 212; Ga. L. 1958, p. 360; Ga. L. 1963, pp. 141, 147) for the time the claimant's disability was confined to the leg.
Counsel for the appellant contends that the claimant is entitled to compensation for total incapacity under the provisions of Code Ann. § 114-404, notwithstanding the fact that he has recovered from the surgical wound on his right thigh. With this contention we can not agree. During the periods of time the claimant was totally incapacitated as a result of the skin graft operations he was entitled to compensation for a super-added injury under the provisions of Code Ann. § 114-404. London Guarantee Acc. Co. v. Ritchey, 53 Ga. App. 628 ( 186 S.E. 863).
However, the claimant's condition had changed when the surgical wound healed and the disability was confined to the left leg and the compensation then due was for the loss of use of the specific member as provided in Code Ann. § 114-406. It is well established that there may be a change in condition from total incapacity to a permanent partial industrial handicap. General Motors Corp. v. Bowman, 107 Ga. App. 335, 339 ( 130 S.E.2d 163).
The trial judge did not err in affirming the award of the State Board of Workmen's Compensation.
Judgment affirmed. Jordan, P. J., and Deen, J., concur.