
    33061.
    Fulton Bag and Cotton Mills v. Dean.
    Decided October 19, 1950.
    
      John M. Slaton, for plaintiff in error.
    
      Ralph C. Brown, contra.
   Worrile, J.

Where the record shows that the claimant received a compensable injury to his left great toe and that under an agreement approved by the board he was paid for temporary total disability by the employer, that claimant gave a receipt “in final settlement and satisfaction of all claims for compensation due under compensation agreement”; that the board’s approval of the agreement provided that “In case of loss of or loss of use of member, award will be modified”; but neither the agreement and approval nor the settlement receipt contained any other mention of permanent disability, and no payment was made under the agreement therefor; and where thereafter claimant applied to the board for a hearing on the ground of a change of condition and the evidence on that hearing was to the effect that he was suffering a 50% permanent partial disability of his left great toe, which disability was the result of the injury, it was not error for the director to make an award based on a 50% loss of use of the left great toe and such award, having been approved by the full board on appeal, was properly affirmed by the superior court. Code, §§ 114-406(h), 114-709.

Judgment affirmed.

Sutton, C.J., and Felton, J., concur.  