William O. Douglas

“ There may, nevertheless, be a continuing ability to do some work; and as long as that remaining ability exists there is a factual basis for temporary disability awards. That seems to be the theory of the Act for it extends those awards to 'all injuries causing temporary disability' and bases them on the 'average daily wage earning capacity' of the injured employee, [4] as determined by the Board. That award takes care of the lost wages during the healing period and until the employee is able to return to work though perhaps at a different job and at reduced pay. ”

“ Justice WHITTAKER, believing that an injured workman cannot be, or be legally compensated as, both 'totally and permanently disabled' and 'temporarily totally disabled' at one and the same time under the Alaska Workmen's Compensation Act, would affirm for the reasons stated by the Court of Appeals, 245 F.2d at 862. ”

“ The Court of Appeals reasoned that the lump-sum award for total and permanent disability was intended to represent a capitalization of future earnings. It concluded, therefore, that Jenkins had been compensated by the lump-sum award for any loss of future earnings and that he could not get a further award for loss of earnings, the lump-sum award being intended 'as a maximum award.' Id., 245 F.2d at page 862. ”