Evening star., 1945-01-09
Employer Held Liable
For Partial Disability
Incurred Elsewhere

An Appeals Court decision hold
ing an employer liable for total dis
ability payments for a workman
partially disabled before entering
his employ was cited today by vet
eran officials as proof of the need for
legislation to protect disabled vet
erans.
With Chief Justice D. Lawrence
Groner dissenting, the United States
Court of Appeals ruled that a work
man had right to receive total dis
ability from his employer for an
injury which in itself would not
have totally disabled him but which,
in connection with previous injuries
for which the employer was not re-
sponsible, did have a totally dis
abling effect.
Millard Rice, national service di-
rector OF Disabled American Vet
Grams. said the decision gave
strength to the fear of employers
that they would have to pay a
greater amount of workmen's COM
pensation to disabled veterans in
curing second disability in their
employ.
Bill to Be Offered Again.
To meet this fear and insure that
1t does not operate against the en-
ployment Of disabled veterans, he
said, legislation was introduced at
the last session of Congress and
will be reintroduced within week
providing that the Veterans Ad-
ministration should reimburse an
employer, his insurance company OF
the State workmen's compensation
fund on all payments to veterans
with service-connected disabilities
or to their next of kin, in line with
the operations of State workmen's
compensation acts.
When the bill was introduced last
session by Chairman Rankin of the
House Veterans Committee, Mr.. Rice
said, 1t was opposed by Brig. Gen
Frank T. Hines, administrator Of
veterans affairs, who felt employ.
ers could be educated to hire dis.
abled veterans.
Mr.. Rice contended that tn,
larger employers were no problem
but that small employers were re.
luctant to take the risk of increas.
ing their workmen's compensation
costs by hiring disabled veterans.
In its ruling, the appellate cour
affirmed a District Court decision
which upheld Theodore Brittor
deputy commissioner, District of Co
lumbia compensation district, Unite,
States Compensation Commission
who had made the award to Franl
Tyler, colored, former elevator oper
ator for the National Homeopathi,
Hospital Association. The lowe
court had dismissed a complain
against Mr.. Britton by the associa
ton and the Aetna Casualty &
Surety Co., through which the asso
citation was insured.
Lost Leg and Arm.
Facts in the case, according to tn,
records, were that as a child Mr.
Tyler's left leg had been amputate,
below the knee as result of bein,
run over by a train. Then. man,
years ago, his left arm had beer
amputated as a result of receivin,
a blow on it.
Furthermore, according to tn,
records, Mr.. Tyler suffered a frac
ture of the right knee cap in a fal
while not working. Subsequently
while working for the hospital asso
citation, he suffered another frac
ture OF the same knee cap. TIL,
deputy compensation commissione
thereafter awarded permanent tota
disability based upon Mr.. Tyler,
earning capacity at the time of tn,
fall while working for the assocfa
tion.
The hospital association and th,
insurance company, however, con
tended the award should have beer
for only permanent partial disabilit,
In line with the injury suffered dur.
ing his most recent employment
They contended that payments t.
him beyond partial permanent dis.
ability should be from a special fune
set up by Congress.
The majority opinion was writer
by Justice Henry w. Edgerton ane
concurred in by Justice Justin Miller