Jackson v. Industrial Accident Commission

The petition for a writ of certiorari is denied. It appears that the order releasing and discharging the insurance carrier from further payments to petitioner, which is sought to be reviewed here, was made upon a finding that the injury forming the basis of this proceeding had resulted in a permanent disability, consisting of the loss of the fourth toe of the right foot at the proximal joint, with a chronic discharging sinus; that the disability, in view of the age and occupation of petitioner, is nineteen and three-fourths per cent of total disability, and that the insurance carrier has paid to applicant as indemnity under a previous temporary disability order of the commission a sum in excess of the total sum due as compensation for a permanent disability of nineteen and three-fourths per cent of total disability.

It also appears that the petitioner himself contends here, and also maintained before the commission, that his disability was permanent. The finding on this point, is, therefore, in conformity with his contention. His position, however, is that he is unable to compete in the open labor market or to earn anything at all, and therefore his disability is-total, under the…