|IN RE: EINO ANTILLA||)||DOCKET NO. 21,097|
|Claim No. C-669919||)||ORDER DENYING APPEAL|
Appeal filed by the claimant, Eino Antilla, on November 14, 1963, from an order of the supervisor of industrial insurance dated October 2, 1963, awarding the claimant time-loss compensation for the eleven-month period from November 2, 1962, to October 2, 1963, less "conversion of Permanent Partial Disability to time loss" in the amount of $1890.00, leaving a net amount paid to claimant of $210.00. Appeal denied.
The record of the department of labor and industries reveals that this claim, for an industrial injury sustained by the claim- ant on February 20, 1960, was closed (based on a report of an orthopedic examination performed on November 1, 1962, together with a letter from the claimant's attending physician giving his opinion of claimant's condition) by an order of the supervisor dated December 11, 1962, with time-loss compensation for temporary total disability as paid through November 1, 1962, and with a permanent partial disability award of 80% of the amputation value of the left leg at or above the knee, 10% of the amputation value of the left, minor, forearm at the upper third, 20% of the ampu-tation value of the right, major, hand at the wrist, and 10% of the maximum allowed for unspecified disabilities, for a total award of $7323.75. The claimant appealed from said order to this Board on January 30, 1963, alleging, among other things, that he was still in need of medical treatment. Said appeal was denied because, on February 26, 1963, the supervisor entered an order making the prior order of December 11, 1962, interlocutory pending further investigation, pursuant to R.C.W. 51.52.060. Based on further medical opinions obtained, the department continued to hold the claim open for further authorized medical treatments, and further surgery was authorized in August of 1963.
On October 2, 1963, the supervisor entered the order here appealed from, reinstating claimant's temporary total disability status and awarding him time-loss compensation from November 2, 1962 (the day following the date of previous termination of such compensation) to October 2, 1963, deducting from said amount, however, the sum of $1890.00 as a partial conversion of the previously paid permanent partial disability award to time-loss compensation. The sole ground of claimant's appeal from said order is that this conversion was "not reasonable" and that he should receive the full amount of time-loss compensation for the period in question without any deduction for the permanent partial disability award conversion.
In view of the record, this Board is convinced that the department's order of October 2, 1963, was entirely correct and  proper. It has been established by the record and determined by the department, and not disputed by the claimant, that he was in fact temporarily totally disabled in November and December of 1962 and has continued in said temporary disability status since that time, and that his condition was not fixed in December of 1962. This being the case, he was not entitled to any of the permanent partial disability award paid by the supervisor's order of December 11, 1962. A claimant cannot be classified as temporarily disabled and permanently disabled at the same time. Franks v. Department of Labor and Industries, 35 Wn. (2d) 763; Hunter v. Department of Labor and Industries, 43 Wn. (2d) 696.
In effect, therefore, the $7323.75 award paid to the claimant in December of 1962 should be considered as an "advance" in that amount on his future time-loss compensation payable. Legally there would be nothing to prevent the department from "converting" the entire $7323.75 into time-loss compensation, and deducting accordingly from further monthly installments as they may become due. The department is not doing this, however, and has only converted $1890.00 of the permanent partial disability award into time-loss compensation, still leaving a balance of excess payment of $5433.75. Presumably this is on the assumption that, although the medical and surgical treatment currently being given to the claimant is expected to improve his condition and reduce his disability, it will still leave a substantial permanent disability, when his condition eventually becomes fixed, equal to or in excess of the monetary value of $5433.75.
This appeal raises solely a question of law, and it is clear to the Board that the department's order of October 2, 1963, was correct and proper under the law, and was entirely reasonable. Said order should, pursuant to R.C.W. 51.52.080, be confirmed and this appeal should be denied.
Now, therefore, it is hereby ORDERED that the order of the supervisor of industrial insurance dated October 2, 1963, be, and the same is hereby, confirmed; and the claimant's above-numbered appeal from said order, filed herein on November 14, 1963, be, and the same is hereby, denied.
Dated this 13th day of December, 1963.
BOARD OF INDUSTRIAL INSURANCE APPEALS
J. HARRIS LYNCH Chairperson
R. H. POWELL Member
HAROLD J. PETRIE Member