Norwich bulletin., 1914-06-25
TWO COMMUNICATION DECISIONS.
 BY COMMISSIONER
Award Made For Widow of Man Killed at Willimantie-EarIe Davy's Claim Dismissed.

On Wednesday findings in two cases were filed with the clerk of the su- perior court by Dr. James J. Dona- hue, compensation commissioner for the second congressional district. In the first case he made an award but the second case was dismissed. Ae case in which the award was made was that of Carmela DeLucia Dimat- teo of Santa Marie Avice, Province of Casserta. Italy. widow of Domenico DiMatto claiman. against the New York, New Haven & Hartford Rail- road company, by W. C. Mitchell at torney, respondent The claimant was represented at the hearings by Isadore W. Resnick, attorney of New Haven; and Vincenzo DiMatteo and Giovanni DiMatteo, brothers of Domenico Di- Matteo, while w. c. Mitchell. attorney for the Consolidated road, appeared for the respondent
 .DiMatteo had been in the employ of the N. Y, N. IT. & H. Railroad com pany and on March g. 1914, at about D. m. he was injured in the course of his employment at Rapello viaduct. the result of which he died the same day at Willimantic. The deceased left his widow in Italy, and a minor child. now 22 months old. It was claimant was the sole dependent of the deceased and had received support from him while he lived.
 The hearing was held by agreement of the interested parties without the ordinary ten day notice prescribed by the statute, both sides having waiv- ed the same, and for the express pur- pose of having definite judgement obtained and to positively ascertain who the sole dependent of the deceas- ed was. The parties agreed that the average wage of the deceased was a 0
 The award made follows: That the respondent pay to the claimant through her legal representative in this country Michael Riccio of New Haven, consular agent of the Italian government. the sum of three dollars and six cents (ss.06) for three hun dred and twelve weeks (312) which amount would be the sum of s954.72. commuted into lump sum at per per cent interest. this sum to be paid on June 30,1914. together with one hun dred dollars for burial expenses and any medical, surgical and hospital ex- penses whoch may have been incur red.
 The award was made in accordance with Section 10 of Part B of Chapter 13s of the Public Acts of 1e13- Com Densation under this section shall be paid to alien dependents in half the amounts indicated in this section un- less such alien dependents are resi- dents of the United States. or its de- pendencies. or Canada
 Claim Dismissed.
 The second finding was in the case of Earle M Davy of Mantle.
 After hearing all the evidence and considering the facts in connection with the case, the commissioner makes the decision that the facts fail to warrant a finding for the claimant and the case is dismissed for lack of evil dence to prove when alleged injury oc- cured. and to prove that the alleged injury occurred while in the course of the claimants employment with the esrpondent.
 Commissioner Donohue reviews the case as follows:
 Earle M. Davy of Mantle appeared in person and was accompanied by his brother James Davy, at the hearing of his case against Mrs. Janette N. Hibbs of New London. The respond ent appeared in person with A l. Bush of Mantle as counsel. Mrs. Hibbs. son was present but was not called to testify. The respondent produced Charles Wilson, John Man cho and Joseph Perion who testified. A claim for compensation having been filed with the commissioner by the claimant in above entitled case on May 4th. 1914. and no agreement with respondent having been effected, a hearing on the above case was held at the office of the compensation com missioner of the Second Congressional District, Dr. James J. Donohue, at 74S Main street. Willimantic, Conn, on June IT, 1914, at 10 o'clock a. m. The respondent having filed no mo- tice of refusal to accept Part B of Chapter 13S of the Public Acts of 1913, came within its scope. leaving both parties under the provisions of the act.
 rrt. compensation for an injury received at Mantle on March 21. 1914. while h