Opinion
42429.
SUBMITTED NOVEMBER 8, 1966.
DECIDED DECEMBER 5, 1966.
Workmen's compensation. Wayne Superior Court. Before Judge Flexer.
Albert E. Butler, for appellant.
Thomas Howard, Hubert H. Howard, for appellees.
Where an employee suffers an injury which results in a partial or total disability (industrial handicap) to one member of his body only with no superadded injury, he is entitled only to compensation for an industrial handicap as provided by Code Ann. § 114-406, irrespective of his earning ability after the accident is sustained. Godbee v. Amer. Mut. c. Ins. Co., 95 Ga. App. 86 ( 96 S.E.2d 648); Armour Co. v. Walker, 99 Ga. App. 64, 65 ( 107 S.E.2d 691); General Motors Corp. v. Sligh, 108 Ga. App. 354, 355 ( 133 S.E.2d 56).
Accordingly, where the claimant had been receiving compensation under an award not appealed from based on Code Ann. § 114-406 (o) for a 25% loss of use of his left leg, with a finding that there was no permanent disability to his left hand, and where, on a subsequent change in condition hearing requested by claimant, the evidence authorized the finding that claimant's condition had improved, the State Board of Workmen's Compensation properly denied any additional compensation, under Code Ann. § 114-405 or otherwise. The superior court did not err in affirming such award.
Judgment affirmed. Frankum and Pannell, JJ., concur.