Norwich bulletin., 1914-12-31

concerning such recommendations as | they shall think proper for the iIn- | provement of this act or its admins | tration to presume to suggest to your exceliency or to the legislature any | change in the general policy of tlse law. Coming to the question or de- | tailed changes looking toward the tn1- | provement of this act or it's aduin4s- | tration. which we believe it to be our duty under the terms of Section IS to include in this report, we have to say: 1
 ssf-The present ambiguity as tot whether Part B of this act applies to employers of less than hve enptoye es. to casual employees and oait-workerss should be removed by explicit lau- guage on this subject.
 '2-It is provided in Section il that compensation shall in no case be more than s10 or less than sb weekly for total incapacity. In Section F it is provided that for partial incapaeity the maximum shall be s10 weekly and no minimum is provided. In thtS same connection is included the list of specific injuries calling for specific awards By far the greater number loss of thumb and finger, or portion of the same"
 Here the report says that the award is looked upon as compensation for permanent injury, as the true legisla- tive intent was to foase incapacity Dp- on a minimum of $5 weekly, although tho language is ambiguius- The case of FasuIo vs Henrdyx, before Judge Reed, is cited, wherein the court held that the commissioner erred in award ing s5 a week for loss of a finger where the sum was more than half the average weekly wages, although up- holding the commissioner in other re- spects. The report adds here: We believe that young girls and boys just learning the use of a particular ma 4- T@e-, IaFv fingers than older and more experl- enced persons, and we feel that it is an injustice to award half a sum of legs than $10 week as compensation in such cases. The true legislative in tent on this subject should be made obvious. We also call attention to our belief that there exists no log teal reason for considering the loss of the thumb and the great toe as pre- cisely the same.
 "S-The last sentence of Section F reads that the loss of one phalanx of finger shall be considered half the loss of the finger and thumb respectively and shall be compensated accordingly. We suggest that the section be amend e1 by providing that the loss of use of the thumb, finger or any phalanx thereof, shall be compensated the same as the loss of the member it. self.
 Need More Money For Expenses.
 "4-By the present law the ex- peuses of each of the five offices re- Quired to be maintained under the act are limited to S2,000 a year. For the reasons set forth in our estimates to the treasurer we believe that this sum needs to be raised to $3.000 year.
 '5-ft occa aSsioIal1y happens that some person less than 21 years of age earning his own living, receives an fn- iIII-U arfIflinp him fn fnmnRnEaIi0n when his parents may be totally un- fit persons to receive the sum or may nos be living with him or in the same vicinity with him. We believe that the commissioner should be author ized in his direction to order the pay the injured minor.
 '6-We are greatly impressed with the fact that in many industries one of the principal problems confronting danger of blood poisoning following apparently slight inujries.''
 The commission discusses this point at length and summarizes a suggest ed change so that where the employe is unable to give motive in writing oe a slight injury a privosion should be made requiring ian injured person to forthwith bring to his employers at- tention the fact of the injury and thus afford an opportunity to seasonably care for it.
 Where Employers Exact Refusal. Under the seventh suggestion change the commission notes that it's attention has been called to employ CTS who have occasionally, to protect themselves against Eisk, enacted from employees a refusal to accept the act on the form provided by the commits sion for this purpose, as a condition of employment. The commission says that while this may be justihable in the present form of the act, under certain conditions, that is with per- sons afflicted with epilepsy and other ailments. its general adoption would work serious injustice to certain con serving persons. The suggestion is made that the law be changed 50 that 1 a waiver of this kind should not be effective until approved by the conn missioner. The report continues: "S-We believe the law should be amended as to provide that when the commissioner having Jurisdiction, on | hearing and notice, finds that hospital | treatment is necessary, 1t should be
 made compulsory or be deemed ground for forfeiting compensation if such | treatment is refused.''
 The ninth suggestion is for clearing
 up the ambiguity of the language of | the Jaw relating to the findings of fact made by a commissioner. That the l findings of fact are final have seen
 recognized by Judges Bonnet, Case and ! Shumway, but the commissioners sug- | gest that the law so states. leaving | questions to be decided upon appeal l purely questions of law. Any other
 course,'' say the commissioners, would
 jeoparlize the success of a compen-
 sation plan
 | Compensation of Widows. | Suggestion 10 relates to payment of l compensation to widows who wish to | remove without the country where { living is less expensive. The commis- 1 sioners suggest that a sound public policy indicates that such dependents
 should be permitted to go wherever
 they may be self supporting and that Part B should be made clear that a
 communication will be binding not only
 upon the person presently entitled to l the compensation but on all others l.Who may thereafter be entitled to I compensation on account of the same | injury.
 11-A defect in the law as 1t stand s ! is the omission to provide a schedule
 of compensation for any impairment
 of vision less than total loss of sight | of one eye impairment of
 vision should be so treated as to aI- | low a commissioner passing on such
 a case to award compensation based
 on diminished earning power as es- | abolished by the evidence
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