Opinion
May 11, 1949.
Present — Foster, P.J., Heffernan, Brewster, Deyo and Santry, JJ.
Appeal by a self-insured employer from an award of compensation made to a claimant for reduced earning due to partial disability. Claimant received an accidental injury to his left foot while engaged in the course of his employment. A schedule award was made and the case closed. Subsequently the case was reopened and the award for reduced earnings due to disability was made. The chief issue involved is the question of whether an award for reduced earnings can be made where the evidence indicates that claimant is suffering only from pain caused by the injury to the bodily member after a schedule award has been made. We know of no persuasive reasons to prevent such an award being made in a proper case. The question of whether claimant actually suffered pain that became disabling after the injury to his foot is a question of fact, and the determination of the board made upon conflicting evidence is beyond our power to review. The fact of pain may not be confined, as a matter of law, to the injured member alone merely because it may emanate from an injury to that member. Award unanimously affirmed, with costs to the Workmen's Compensation Board.