Health Service for further treatment of his left fifth finger.
10. The libellant returned to work on January 5, 1947, at substantially the same work and the same rate of pay that he had been receiving prior to the accident on the S.S. Joyce Kilmer, and has been employed at the same or better wages since that date.
11. As a result of this fracture, the libellant has suffered a permanent deformity of his left fifth finger and a permanent impairment of the gripping function of his left hand, although the pinching and hooking functions were not impaired.
12. Dr. Abraham Myers, an orthopedic specialist and witness for the libellant, testified that finger fractures heal completely in eighteen days.
13. The fracture of the libellant's fifth finger on his left hand did not prevent him from returning to work after November 1, 1946.
14. Counsel for libellant and respondent stipulated the rate of maintenance and cure at $ 3.50 per day.
15. Respondent has paid libellant $ 126.00 for maintenance and cure at the rate of $ 3.50 per day for the period from September 27, 1946 to November 1, 1946.
16. At the request of counsel for the libellant, the question of wages lost during the period from September 27, 1946 to January 5, 1947 was submitted to the jury in the libellant's civil action at law for damages. While the jury was deliberating and before it returned its verdict, the maintenance and cure phase was heard by the Court, and counsel for libellant urged that the Court also award wages for this same period in the admiralty action. The jury returned a verdict in the civil action for libellant for $ 2750, a sum adequate under the evidence to include wages for this period. Accordingly, no wages for this period are awarded in the admiralty suit.
Conclusions of Law.
1. This Court has jurisdiction of the subject matter and the parties to this action.
2. The libellant has received $ 126.00, the full amount of maintenance and cure to which he is entitled for the injury he received on the respondent's vessel, the S.S Joyce Kilmer, on September 5, 1946.
3. The libellant is not entitled to receive an award for wages lost for the period from September 27, 1946 to January 5, 1947 in this action.
4. The libellant's claim for maintenance, cure and wages is dismissed.
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