Norwich bulletin., 1915-09-02

~ 4
! leicester, for whom he was workin
: Ion March 2. 1915. when he received q
81 injury winch subsequently resulted /
Il the loss OF one of his eyes, has bee
awarded 1871 weekly for 104 week
Tor the loss of his left eye, accordin
To- hnding and award just made b
compensation Commissioner DR.. jaime
:; Donohue, after a hearing on tn
claim. The award also directs tha
tne company shall pay the medical
surgical and hospital services for th
nrsI oo days following the time whei
/ ne fTst sought medical treatment.
| The case is one of Importance anf
/ interest because it gives a ruling i1por
i an injury and compensation in which
the element of larking or foolins or
| tne part OF employees was a factor in
the INJURY which was sustained and
Tor which claim for compensation
was made
:, The hearing before Commissioners
Donohue was held here on Aug. IN
with Rollin U. Tyler, Esq. of Deep
raven. appearing for claimant and Ed
Waro Z. stone. Esq, of Boston, Mass.
lot Inc respondent, who was insured
with the American Mutual Liability
insurance Co. of Boston
Statement of the Case.
The following statement of the case
is made In the award:
On the I'd day of March, 1918. while
IN the employ of the respondent, the
claimant was working at a ''kicker''
machine In the same room where some
girls We're working on some spindIes
ana 10 attract the attention of the
noys at work in the same room one of
the young girls threw a piece of wire
winch struck q belt in the neishbor-
nood or where Ely was at work and
new from this belt and struck FIy's
!ett eye. Ely testified that he did not
think at the time that his eve was
badly injured and continued at WORK
for five or six weeks at which tins
the injured eye began to pain him and
gave him considerable pain until the
lst day of May, when he was Obliged
to give up work.
About the last of April the claim
ant consulted DR.. French of Deep River
who sent him to Dr. White of Hartford
VINO sent him to the Hartford hos
pital for two weeks. Two weeks from
THIS time Ely went, to New YORK and
saw Dr. Hunter, after which he re-
turned to his home in Haddam where
1e remained until June 22d, 1915. at |
ord hospital, where the eye was re-
moved.
That the injury arose 'fn the course |
" his employment there seems to he |
10 question; the main and only point |
lot agreed upon by both parties is
r. his employment
IT was agreed that his average week
wages wgere 1881 It was agreed |
hat briefs should be submitted and
xchanged by counsel for each side
Within two weeks
Considering all the Testimony and
acts IN the case. it is found that the
lJury in question did arise "out of
no IN the course of EMPLOYMENT"
'lthln the meaning of the act. and,i
lat claimant is entitled to compen-
atlon for the loss of the left eye as
erelnoefore referred to l.,
Memorandum of Decision.
The following is the memorandum
decision attached to the finding:
me case we have before us for con-
deratlon at present is one in which :
le vital point is: Did the injury arise !
IL OF and in the course of his en- 8
oyment! There is no disa greement
any other single point, and as this 1
case which will undoubtedly be
way the decision is rendered
the undersigned, it might be here
ated that there are cases cited in |
e briefs submitted which would al
W OF decision on either side, but
nee 1t becomes the duty of the com
lssloner to make a decision, 1 have
,oeaVored to act in manner which. | e
lar as l am able to Judge, would Z
most IN accordance with the spirit =
the principle of workmen's compen- q
ton laws. t;
Testimony. II
In order to gain a proper idea of =,
e injury and the circumstances nm -
Wnlch 1t occurred, the affidavit of ~
? claimant, Theodore Newton Elv | -
nose statement was read at the :.
arlng and agreed to by the attor- -,
Us Tor both sides) is appended as =,
lows: as W
My name is Theodore Newton E1v d.
I'VE at Haddam. Conn, and have
rked for NJ. S. Brooks, & Sons for
most year and a half as a, shop y
nd. oii0p Z.
On either Tuesday, March >. 1915 y
on tuesday, March 9, 1915. along y;
out nine o'clock in the morning, d d
S working at the kicker nearest 81
book~4icking out strap hooks -,
ether with George Evans, who was ~ ~
rklng on the middle kicker" liz liz
5 picking up the work and lust as ne
Ianceo UP l saw something flying -
me. 1 tried to dodge, but it was N
close on me and struck me in the O.,
eye. I put my hand up to NV III
and looked over towards the girls
George Evans, who was working ~
n me said Gee! what a shot ue
IN knew one of the girls had a..
own screw eye at me, and on ~ ~
Alhs over again towards the spin -,
saw two girls-Louise CasteIH and S|i
~ Aenard1. Louise was working
: Mary stood at the end of the !
ne talking with Louise. I didn't 10,
TX 1t amounted to anything so con
led at work all day. Along a few sid
later Albert Post looked in INV IN
as l thought something might be De,
4 as l was working alongside of NC
{ In the machine room, working on tbe
press and 1 thought a chin had kSie
laps gotten into my eye He look da[
INTO 1t, but didn't find anything in 81
'ut saw scratch. That night T ~
an eye wash at the drug store Nc
IN the druggist had recommended In
used It for a few days. 1t seemed e I-r
lelp me so I didn't do ANYTHING az
ne eye for awhile. but along the No
OF April Myron Abbey saw piG
vn spot in the eye and told me
o 10 doctor and I went to Dr ta
lch OF Deep River and he sent me ~,
Or. Waite of Hartford and Dr Pc
To sent me to the Hartford hos: "
Tor Two weeks. Then 1 went e1 60
ana two weeks later went to on pm
York and saw DR.. Hunter at sS
4oth street. Returned to Had cas-
VS..
- 10 m m m m~m~ of
81 81 TX q - * ant
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TyyE ORSGEMAR on on