Norwich bulletin., 1915-07-14
FINDINGS or THE
COMPENSATION COMMISSIONER

COMPENSATION COMMISSIONER
New London Employs Denied Award
: for Injury to Eye-eomfrst Settle
ment.
Two findings have been filed by
Compensation Commissioners Donohue
with the clerk Of the superior court
ON April 8, 1914. while in the en-
ploy Of Charles Higginson of POM
fret. at Pomfret. Peter Ryan of that
place received an injury by running
q. silver in the palm of his right hand,
which resulted in blood poisoning.
On Sept. s, 1914, employer and en-
ploye entered into a voluntary agree
ment, by which employe was to re-
ceive from the employer SO weekly
until total disability ceased, compen-
sation to begin May. z, 1914, as in
jured emp1oye did not become dis
surgical and hospital expenses were
assumed by the employer.
Monthly payments las subsequently
arranged between employee and em-
ployer)) on above basis have been
made up to May IL, 1915, a total
amount of $3.50 having been paid for
total disability, at which time pay
ments had been suspended as the en-
ployer considered that total disabil-
ity had ended.
Hearing in this case was called to
determine the present physical con-
dition of claimant and to ascertain
the amount partial disability with a
view to continuing compensation on
the latter basis.
It would appear that claimant could
earn at least two dollars per day in
almost any line of employment which
he might undertake other than that
of his trade, which is masonry, and
Il II. - e
ness at the wrist, due to the ankylosed
condition which was caused by the
blood poisoning this appears from
medical testimony to be improving and
will undoubtedly improve more rapid
ly as it is oiyen more use. The fin
gers are capable of practically COM
plete flexion, although they have not
yet recovered their strength. This
condition is due more to lack of use
than the original cause of disability,
Whereupon it is hereby awarded
adjudged and decreed that the re-
spondent pay the claimant forthwith
the amount of $50, being compensation
for total disability at the rate of ter
dollars per week from May IL to July
6, 1915; and that thereafter respondent
shall pay to the claimant compensa-
ton on a partial disability basis at
the rate of $3.50 per week. which is
one-half the difference ($s) between
the time he was injured, $21 per week.
and what it is estimated he is able
to earn at the present time, $12, said
payments to continue during the pc
Rod of partial disability. or until such
time as a revision of this award is
asked for by either party.
No Compensation for Joseph AngeIas
In the case of Joseph Angelas OF
New London against J. J. O'Leary
company, of Passaic, N. J., the finding
states:
On March IS. 1915, claimant received
an injury to his eye while engaged
in building cesspool in connection
with the work of tn eStandard Oil
plant in New London, the injury be-
ing caused by a stone striking his eye
The hearing in this particular case
was called to ascertain whether the
injury dS&ibed arose out Of and in
the course of the claimants employ
ment by the respondent.
A memorandum of decision is at
tached hereto and made part of this
finding.
Considering the testimony present
| ed it is found that the injury in ques-
| ton did not arise out of and in the
| course of the employment and the
claim for compensation is therefore
| disallowed.
Everything is admitted in this case
| except one fact, is the injury one
of his employment? and that is the
one point up for consideration.
That said Angelas received an in
jury, there is no doubt, as It is admit.
ted in the testimony and the claim
ant and respondent agree on this par.
ticular point. that there was an injury
| to his eye, and that the injury ha.
! caused a certain amount of diminutio1
of vision; that the injury was caused
| by a stone being thrown from the cess
pool up into the trench where Angela!
was working with a fellow-workman
/ the stone striking Angelas in the eye
| and the impression of those workins
in the cesspool was that a stone ha(
been thrown at them and they re
| turned by throwing another ston,
| back, either in fooling or playing som,
prank on one another and the. above
stated injury occurred in consequence
The testimony Of Rosa, who wa
working with the. claimant at tn,
| time OF the injury, was of a yer,
worthless character on account of tn
| fact that he told three different storie
while under examination and whel
questioned, realizing his predicament
! resorted to tn cold dodge" which i
| generally taken by foreigners who d,
not speak any too good English tina
he didn't understand" although Their
| was an interpreter present who han
died the italian language perfectly. Il
one instance Rosa stated that he work
ed for one week after Angelas got hi
in the eye, and stated that he receive
no pay for that weeks employment
while the company's books show tina
hS quit the job Immediately after An
gelas got injured, and fro mthe con
Aieting statements which Rosa made
1t would tend to show that if Their
had been a stone thrown intot he cess
Ipool that he was probably the one VIII
threw it, and fearing arrest he lief
his jOle While he stated fHat he lee