The opinion of the court was delivered by: MARIS
This is an injunction proceeding in equity brought under Section 21 of the Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. § 921, 33 U.S.C.A. § 921) to set aside a compensation order of the defendant Deputy Commissioner in favor of the defendant Nagornik. The plaintiff concedes that the findings of fact of the Deputy Commissioner are supported by substantial evidence and bases its complaint upon the ground that the award made is in excess of that permitted by the act and is based upon a misconstruction of it.
The contention of the plaintiff is that since Nagornik lost the use of portions of his second and third fingers only, he was entitled to compensation merely for the partial loss of fingers and not t compensation based upon a partial loss of the hand. It is argued that this contention finds support in the provisions of Section 8 of the Longshoremen's and Harbor Workers' Compensation Act, as amended (33 U.S.C. § 908, 33 U.S.C.A. § 908), the pertinent provisions of which are as follows:
"(c) Permanent partial disability: In case of disability partial in character but permanent in quality, the compensation shall be 66 2/3 per centum of the average weekly wages, which shall be in addition to compensation for temporary total disability paid in accordance with subdivison (b) of this section, and shall be paid to the employee, as follows:
"(3) Hand lost, two hundred and twelve weeks' compensation.
"(9) Second finger lost, eighteen weeks' compensation.
"(10) Third finger lost, seventeen weeks' compensation.
"(14) Phalanges: Compensation for loss of more than one phalange of a digit shall be the same as for loss of the entire digit. Compensation for loss of the first phalange shall be one-half of the compensation for loss of the entire digit.
"(17) Two or more digits: Compensation for loss of two or more digits, or one or more phalanges of two or more digits, of a hand or foot may be proportioned to the loss of use of the hand or foot occasioned thereby, but shall ...