Majority
p. 846In the Matter of the Claim of John L. Giess, Respondent, against Art Metal Construction Company and Another, Appellants. State Industrial Board, Respondent.
Appeal from an award for temporary partial disability, wherein claimant’s wage-earning capacity was determined to be forty per cent of his former full-time earnings. The injury was a contused wound of the right ankle which caused and was followed by a varicose ulcer. The evidence sustains the findings and award. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ.