Claim of Struble v. Vacuum Oil Co. (217 A.D. 411, 1926)

Per Curiam.

For the third time the State Industrial Board has awarded claimant sixty per cent loss of use of his right eye and this is the third appeal. On the first appeal (210 App. Div. 344) the only testimony given related wholly to the subject of acuity of central vision. No other element of vision such as field vision or binocular vision was considered. The only testimony in the case relied upon by the State Industrial Board in fixing the percentage of loss of use was to the effect that the Snellen symbols constituted fractions of the unit of sight and we held that such an interpretation was a dogmatic assertion which led to absurdities which contradicted and disproved the theory.

On the second appeal (214 App. Div. 844) we again reversed and remitted the matter “ on the ground that the Board, in making the award, considered only acuity of vision, ignoring field vision and other attributes of sight; and for reasons heretofore expressed by this court in 210 Appellate Division, 344.”

Since that time additional hearings have been had and further medical testimony has been taken and the State Industrial Board has again found a loss of sixty per cent of vision of the right eye, making the following findings:

“ The injury sustained by James Struble at the time and place hereinbefore specified, caused claimant to lose 60% of the vision of the right eye in such accidental injury arising out of and in the course of his employment, taking into consideration the acuity of vision, field vision, binocular vision and all other attributes of vision.

“ The accident in question reduced the vision of the claimant’s right eye 80 per centum or more without correction of glasses and with correction of glasses 60 per centum, and even with the correcting glasses the claimant was unable to read the ordinary print (of newspapers or books.”

The injury to claimant’s right eye occurred while operating a •machine. Something struck the lens of the goggles which he was wearing and as a result a lens was shattered and the broken part