Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1915-07-23

IN the case of William B. Miller OF
York, New Haven and Hartford RAIL
road company, respondent, DR.. James
7 y. Donohue, compensation commits
sioner, has rendered a decision after a
hearing before him upon the question
whether or not this was q case which
came under the federal employers La
bility act or thesWorkmen's compensa-
ton act.
He finds that Mr.. Miller, who was
a freight brakeman, came under the
provisions of the worhmen's compen-
gation act and that as a consequence
q settlement for $500 which had been
agreed to on March /, 1915, between
the company and the brakeman, is not
in accordance with the act.
The compensation commissioner d.
reefs that the company shall pay
Miller for 50 weeks for the perma-
nent loss of hearing in one ear at the
rate of SO weekly. amounting to $500.
from the 18th day following date of
injury to date of the hearing, that Is,
from Dec, s, 1919 to July Q, 1916, at
$40 weekly, amounting to $295.72. These
sums for $500 for specific injury and
$295.72 for total disability, together
amount to $815.72, from which is to be
deducted the $500 already paid, leaving
&415.72 to be paid forthwith in a lump
sum. The railroad company is fur
thermore to pay for medical, surgical
and hospital services in the 80 days
after the injury, and pay to Mitchell
weekly SO during the remainder of
total disability beginning on July 8,
1915. This is subject to revision in
case the claimant RECEIVERS sufficiently
to return to work and his disability
can be shown to have decreased.
Miller was injured while at his
VnxOrlx nc fT-ofcrhf HT~a IrnT1 M Nov
%. 1914, at Midway. While attempt
ing to leave the top of the train, the
brake staff to which he was holding
gave way and he was thrown to the
ground. His injuries resulted in the
following 1ncapacities: Bruised head,
back, shoulders and hips, and cut on
side of head which was black and blue
about two weeks. Miller has had
hAnorrhages from the bowels at inter
walls of three or four times a week
aimee the injury. He is totally deaf
In the right ear and partially deaf in
the left ear as a result Of the injury.
He has suffered severe pains in the
back, abdomen, hips and shoulders.
Mr.. Miller had been employed for
about 20 years by the road. His at
tcFney at the hearing was Arthur M.
Brown.
In his memorandum of decision Com
missioner Donohue states that physi-
clans affidavits were presented that
Mr.. Miller was permanently injured
and unfit to follow his vocation as a
trainman and that his deafness is per-
Enanent and L. not amenable to treat
anent, being due probably to interior
ence with the auditory nerve by frac-
ture through the base Of the skull at
the time OF the accident. In Septem-
Der. 1914 Mr.. Miller had passed a
physical examination as FALL right"
This was less than two months before
the date of the injury.
The attorney for the respondent sub
bzftted very elaborate brief in which
he reiterates most Of the facts agreed
upon at the hearing, and cites various
authorities in behalf of his company,
Rnd makes the claim that Miller, hav-
Ing been injured while engaged in in
terstate commerce and injured through
ehe negligence of the company, the
claimants rights and the company's
liability are determined by the federal
employers liability act and that
Miller was paid $500 by the railroad,
at which time he executed release,
all of which is true, but If the parties
are amenable to the workmen's COM
papsation law of the state of Connecti-
cut, it seems to me, says Commission