In making this determination, I considered the testimony of the parties, the record including the testimony of Dr. Robert E. Luszczyszyn that appellant had limited use of his right side and left thumb, the medical evidence and the evidence and analysis of the experts on the subject provided in the record, including Dr. Steven A. Housman, Dr. Paul T. O'Brien, Dr. Andrew T. Grosz, Dr. James C. Shuts and Paul A. Ran, to arrive at my conclusion. I found that appellant has a disability which is causally related to his injury and that his medical conditions require him to stay away (in lieu of work) for a reasonable period of time. Although his injuries may involve temporary or partial loss of use of his affected areas, such losses are of such a nature and intensity that they would ordinarily require the presence and supervision of another person, not himself. The disability to which his right upper extremity is subject is the loss of control of his extremities. The evidence and analysis of the experts clearly indicate that appellant has a right to physical rest and rehabilitation from his employment injury and from the authorized treatment on his right leg under the Rehabilitation Act or other Federal or State programs for handicapped persons. For the reasons I give, I find that appellant is able to recover from his disability as to his right hand. I find that he is physically unable to function other than to perform labor and that the loss of any function he may have in other than a purely manual fashion for a period of more than a few days is an impairment. As to his right tibia, at the time of the accident his lower tibia was fully functional, for the first few weeks following the accident until it deteriorated. However, for some time thereafter his left tibia showed a deterioration as the result of the effects of the accident which had not been shown in the right leg at the time. From the records and the opinions of experts, I find that appellant has a severe disability because of his recovery from his recovery and because of the loss of control of his left arm and wrist and all functions of his left leg below the knee.
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U. S. DEPARTMENT OF LABOR Employees Compensation Appeals Board In the Matter of JAMES ROBINSON, JR., and DEPARTMENT OF THE NAVY, NAVAL SUPPLY STATION, Oakland, CA Docket No. 00-2708; Submitted on
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