Norwich bulletin., 1914-06-26
DIoMIooED cEAIM
 IN FILEieER CASE csmmlssIsnsr Finds Widow Not Enti- tiled Co Csmpsnsation-eeca of Miscenduet ef Deceased.

Miscenduct Of Deceased.
 In the claIm of airs. Charles Fill ger of occum under the workmen's s compensatfon act, Df ]: J. Donohue, commissioner for the second district, has siven a decision disaliowing the cfaim after a hearing held before him on June 22, 1914.
 Commissioner Denehue gives his finding as fellews.
 Mrs: Charles F1liiger was, not a de- pendent according to the meaning of dependence as steted in Section 10 of Part B of the Workmen's Compen- sation act. which gives this refinition of a person totally dependent upon a deceased employee. "A wife upon al husband with whom she lives at the time of the injury or from whom she received support regularly" There was no evidence introduced to show that Mrs. Filliger had received sup pert regularly from her husband. or that she lived with him at the time ef the injury; in fact the contrary is admitted.
 It Is further found from the facts full misconduct by the use of intoxf- eating liquors while in the coures> of his employment driving a team, and the ultimate outcome has proven that the misconduct was serious from the fact that it resulted in his death.
 It is further found that the certi- fcate of the medical examiner states that Fi1liger met his death while he was driving a team off Perkins place when he fell from the seat. plunged forward on the ground, striking on his head, meeting probably immediate death
 According to Section 1 of Part B. of Chapter 13S of the public acts of 1913 Workmen's Compensation act. mo compensation shall be paid when the injuries shall have been caused by the wilful and serious misconduct of the injured employe or his intoxication." and therefore, the claim Is disallowed-
 Mir. Fflliger's death occurred on Perkins place in this city on May 19. 1914, while he was in. the employ of George W. Allen, for whom he was driving a team loaded with lumber He left widow and number of grown up children. The widow was the only cliamant under the compen- sation act, and at the hearing she was represented by Attorney V. P. A. Quinn.
 The evidence in the case showed that F1ll,ger fell forward from the wagon striking on his head and breaking his neck.
 In the hearing before the commits sfoner. Mrs. Filliger stated that she had not lived with her husband for eleven months previous to the acci-
 
 she had lived with her son, Frank. and had received from her husband about s1o.
 George Tatro of Versailles testified that Fflliger was all right between 10 and 10.3O a. m. on the day of the ac- cident. B. H. Evans. the embalmer for Undertaken Grant said he smelled no odor of liquor on MT. Fflliger and found no liquor in his stomach. The three sons of MT. Fiiliger Frank. Hen ry and Andrew testified to conversa- tions with MT. Allen. the employer. Chief George Linton, who was the
 first witness called by the respondent, testified to three times that the name Of Mir Filliger appeared on the Nor wich Police records for drunken ness.
 George W. Allen, the employed, stat ed that he saw MT. FIlliger drive Into Perkins place and that he was not in condition to drive the team. He so stated to his foreman. Allen, then went out of the house and told Filli- ger not to drive the team. that he would put another employe. Preston. on the team and that he (Allen) I would take Filliger home in his auto mobile but F1lliger said nobody would drive that team but himself and Filli- ger started off with the team and drove 1t short distance and then the team stopped and had been standing half a minute when Filliger fell from | it. MT. Allen had said that Filliger was intoxicated or something was the | matter as he acted very queer. He did not detect very much odor of liquor ] on MT Fflliger, but said if under other | circumstances and the man had not | died he would have said he was in l toxicated.
 Elliott F. Cameron, investigator for | the New England Casualty Company, ! testified to finding that Filliger had | drank at three places on that day. William H. Dawley testified that | Fflliger could not load the lumber into ] the team at the lumber yard on that day and when Fflliger stubbed his toe Filliger told him he had had several | drinks and was drunk.
 Peter M Harris, an employe at the 1 lumber yard, who assisted Filliger to | load the lumber said he did not smell any liquor on Mir. Filliger, but MT. Harris did not deny that in a conver- sation with MT. Cameron he had said