complained of trouble with his back and entered the Veterans Administration Hospital at Aspinwall, Pennsylvania.
20. On February 15, 1944, he was rerated as of February 1, 1944, from 10 per cent to 50 per cent disabled
21. It appears that considerable disability which the veteran experiences stems from a spinal tap which he underwent in the military service which caused him considerable pain in the lower back when attempting to perform any type of labor which requires the use of the back.
22. After his release from the hospital, Carmalt returned to American Bridge as a timekeeper and continued to work there until the early part of March, 1945, when he was released due to a reduction of the staff.
23. Within three or four days following his release, Carmalt again went to the Pennsylvania State Employment Service which referred him to Crucible Steel Company of America. He was given a physical examination and passed with no limitations and was hired as a steel weigher.
24. While working at Crucible he complained to the Company about a crane operator who he said couldn't see well enough to judge distances and who should be given an eye examination or be discharged. When the other workmen found out about this, they didn't like it and Carmalt decided he had better quit, which he did in June, 1945.
25. Carmalt then obtained a job with the First National Bank in Pittsburgh in the transit department beginning about July 17, 1945.
26. On October 9, 1945, Carmalt, after further examination, was rerated 100 per cent disabled for reasons disclosed in the Veterans Administration file.
27. On December 23, 1945, Carmalt was discharged by First National Bank for reasons not disclosed on the record, which was the last date that Carmalt performed any remunerative employment.
28. The maximum wage scale of the General Motors Acceptance Corporation of a collector from April 21, 1943, until February 1, 1944, was $ 185, Per month.
29. The maximum wage scale of the General Motors Acceptance Corporation of a collector from February 1, u944, until October 9, 1944, was $ 197, Per month.
The Court enters the following Conclusions of Law:
1. Defendant owed a legal duty to reemploy the veteran on April 21, 1943, under the provisions of the Selective Service and Training Act, 50 U.S.C.A. Appendix, § 459(g)(4).
2. Plaintiff's delay in pressing suit is excused by reason of the veteran's 100 per cent disability commencing October 9, 1945.
3. The veteran is entitled to payment of the maximum wage scale that he would have received as a collector from April 21, 1943, until October 9, 1945, less amounts earned by the veteran during said period plus legal interest.
An appropriate order is entered.
And Now, This 7 day of Aug. 1961, the claim of the veteran, Stephen Laurence Carmalt, for damages against the defendant, General Motors Acceptance Corporation, during any period from October 9, 1945, is denied. The claim of the veteran for reemployment with the defendant in the type of employment which he pursued at the time of his induction in the military service for employment of a similar nature is denied for the reason that the veteran is permanently and totally disabled and not suitable or fit for reemployment by the defendant.
A judgment is entered in favor of the plaintiff, Stephen Laurence Carmalt, and against the defendant, General Motors Acceptance Corporation, in the amount of $ 1,767.50 with interest at the rate of 6 per cent per annum from April 21, 1943, to the date of payment.
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