D KARUPPIAH Vs. MEDICAL BOARD

JUDGEMENT

(1.) THIS appeal has been filed by the appellant/appellant against the order of the Employees Insurance Court/Additional District Judge, Pondicherry made in ESI, appeal No.1 of 2001, dated 17.04.2003.

(2.) THE short facts of the case are as follows- THE appellant is working in Anglo French Textiles Corporation, Pondicherry, working in Sundries helper as piece Dobling and booking worker under code No.10362 in the weaving 'C' Unit, while so, the appellant met with an accident. During the course of employment on 02.01.2000, while he was lifting a cloth roll he sustained contusion with sprain in his low back, near left hip and he was admitted into ESI hospital, Corimedu on 03.01.2000 as an inpatient and discharged on 25.01.2000, wherein continuous treatment was given. Further on 07.02.2000, again he was admitted into ESI hospital, Ayyanavaram for further treatment and discharged on 18.02.2000 with reference to undergo further treatment with the Government General Hospital, Chennai, wherein he was admitted as an inpatient on 18.02.2000 and discharged on 09.03.2000. Though he was given treatment, the health condition worsened as per the direction of Local Office, the appellant had undergone 'Laminectomy on 28.03.2000 at Vijaya Institute of Tumor and Orthapaedice wherein a certificate was issued to resume duty on 28.07.2000 and has been advised not to do strainful work and not to lift any heavy objects, henceforth permanently.

(3.) THE respondent filed counter statement as follows THE appeal filed by the appellant against the respondent to set aside the decision of the medical board finally earning the permanent disability of the appellant at 10% dated 19.11.2001 and to reassess the permanent disability of the appellant is neither maintainable in law or in facts and is liable to be dismissed in limine. This respondent denies all the allegations made in the Memorandum of appeal except those that are specifically admitted by them. This respondent further submit that the appellant is a employee of M/s. Angle French Textile Limited, Code No,55/1300, Insurance No,55-2919692 and is met employment injury on 02.01.2000 and sustained injury in his low back near Left hip. It is further submitted that after completion in capacity period from 02.01.2002, 31.02.2000 the appellant resumed duty to on 01.08.2000. This respondent further submitted that the medical referee as examined the appellant and opined in their report B1.7 dated 14.09.2000 as "the disability has reached finality and the injury is not capable of improvement by further operation/treatment. Hence, it is a fit case to be referred to ensuing medical board examination. It is further submitted that the medical board also has examined the appellant on 23.06.2001 and given a report B13 dated 23.06.2001, as "1. THE Disablement is permanent, 2. THE extent of loss of earning capacity assessed as final. 3. THE assessment of the provision of loss of earning capacity is final. 4. THE finding of the Medical Board as follows -Injury right side of Hip and back. Acute lumbage with disc prelapse L4-L5 "Details over leaf, "L.E.C. 20% if modification of work/capacity otherwise 10%. This respondent further submitted that the Medical Board findings has been forwarded to Regional Office for deciding total rate of permanent disablement benefit. It is further submitted that as per Regional Office letter No,51-No.19. 13.03.2001. PDY EF-1, dated 22.11.2001 addressed to the Chairman Medical Board to inform the correct assessment whether 20% or 10% which is to be taken for making benefit payment to the appellant. This respondent further submitted that after receiving the said letter, the Medical Superintendent, Medical Referee given a reply dated 24.12.2001, as, since the employer AFT, Pondicherry issued a certificate to the fact that the injured person/appellant it is working in the same work before he was working after the accident and hence no modification of work is given to the appellant and hence the appellant is eligible for 10% only the assessment of disability for the loss of earning capacity. This respondent further submitted that as the basis of the assessment of disability the disability rate of permanent disability has been intimating as 10% Finally paise 0.1512 (paise one thousand five hundred and 12 only) vide letter dated 05.02.2002 and therefore permanent disablement has been calculated with effect from 01.08.2000, the date of which appellant resumed his work at the daily rate of paise 0.1512 and payment has been paid to the appellant. THErefore, this respondent humbly submitted that the appellant is not entitled any benefit apart from the amount received by way of preferring this appeal and therefore liable to be dismissed.