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GIBBS v. FRASER PAPER11/26/1997
act requires "actual loss."
[ 7] We are persuaded to adhere to our original interpretation by the contrast between the words "actual loss" in sections 212(2)(B), (C), (D) and 212(3), and the words "permanent and complete paralysis" in section 212(2)(E) or the words "permanent and total loss of industrial use" in section 212(2)(G). Moreover, the benefits for the "actual loss" of a hand, arm, foot, and leg in section 212(3) are further refined by reference to the point of amputation. We find no reason to interpret "actual loss" as meaning anything less than amputation. Although we need not resort to the legislative history of section 212, we find nothing therein inconsistent with our interpretation.
The entry is:
Decision affirmed.
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