Norwich bulletin., 1916-08-03
NO WILFUL MISCONDUCT FOUND
Commissioner Donohue Reaches Decision in Long Drawn Out Ginsburg Case, in Which Plaintiff Was Burned by Acid Award of $3,o6642 to Varnum E. Crane's Widow

@4SSAA~1N1A4NA Hettriek, David L. Herman and Charles G. Armstrong of 165 Broadway, New York city, employers, Fidelity and Casualty company of 92 Liberty street, New York city, insurers, respondents. the appearances being Frank L. Me Guire, Esq, of New London, for claim ant, Wilson H. Pierce, Esq, of Water bury, for insurer, Charles G. Arm strong of New York city for employers, the commissioners finding and award Is as follows:
 Pursuant to the regular 10 days mo- tice prescribed by the statutes, the above matter was fully heard and de- termined by the undersigned at his office in the city of Norwich on Mon day, July 10th, 1916, at 2.30 o'clock p. m., at which time the following facts were found:
 IA contract of employment existed between the above name dparties and had so existed since April 18th, 1915, the date of the injury in question be- ing May 23d. 1915.
 2-Both parties had accepted the provisions of Part B of the WOrkmen's compensation act, and the employers had insured liability with the Fidelity and Casualty company of New York, company authorized to transact compensation insurance business in the state of Connecticut.
 3-It is found that the average weekly wages of the claimant were in excess of $20.
 4-From the testimony of the claim ant it is found that he was one of the chemists employed by the respondents at their Chester plant and on May 23d, 1915, they were engaged in the process of making picric acid, Q mixture of concentrated nitric and sulphuric acids, and on the said day a bottle contain ing a mixture of suIphuric and nitric acids broke and some of the contents fell upon the claimant, causing an eX-
 tensive burn on the front of both
 thighs, covering practically the whole
 of the front, and extending over 9 part
 of the inner surface of the right thigh and extending below the kneecap, pro- duCing q growth of scar tissue known aS keloid. The burns were burns of
 the first degree, extending simply through the skin, but not destroying any of the muscular structures or tts-
 sues below the skin.
 E-Claimant was taken to the Mid dlesex hospital ir MiddletOWn, where
 he was treated until July 3d, 1915, at which time he was discharged, and according to the statement of Dr. Young, who attended GlnSburg at the hospital, he was discharged as cured A similar statement was submitted by Edythe Sharpe, who was the superin- tendent at the hospital, in which she says that Ginsburg was discharged "cured," and that his wounds were healed.
 6-On July Eth, 1915. claimant re-
 turned to his work at the plant of the respondents at Chester and remained there for two and a half weeks, at which time he was discharged be- cause of ''impUdenCe," according to the testimony.
 7-TotaI disability IS claimed by Ginsburg up to April 17th, 1916, which would make a total of 45 and 4-7ths
 weeks for which he claims compensa-
 tiOn, but from his own testimony it is found that during this period he worked eight weeks, estimated as fol-
 lows: At the Chester factory from July 5th, ? 1-2 weeks; for Dr. Ney, at $25 per week, weeks; for Dr. Fa- your and Dr. Ney later 1 1-2 weeks; total weeks employed, s weeks. It was agreed by the parties without dispute that the claimant had re- | ceiVed from the respondents S390 in various payments after he was injured; l n consideration of which fact it would ! appear that the amount now due him ! for compensation is $60, as $I5 of the 1 $3G0 was for salary for the 2 1-2 1 weeks which the claimant worked at l the Chester factory after his discharge 1 from the hospital, as deducting the 1 $15 from the $390 would leave $315 | already paid as compensation toward l the $375, the total amount due him, 1 leaving the $50 now due him as stated 1 above. The $315 paid the claimant by 1 the respondents was money for which | he did not work and consequently must be considered as compensation | for incapacity.
 i S-It is found that all the medical, | surgical and hospital expenses pro- l ViCCd in Section [ of Part B Of the | act as amended have been paid by the ! respondents.
 1 g. A memorandum of decision is at ] tached hereto and made a part of this 1 finding and award.
 | Whereupon, it is hereby awarded, | adjudged and decreed that the re- l spcndents shall forthwith pay to the | claimant at his address in Brooklyn, i N. Y. the sum of $GO, which is com i pensation for six weeks at the maxi mum rate of $10 weekly, which pay 1 ment in addition to the payments al-
 ready made by the respondents is com l pensation for the full period claimed, i and in full for all compensation to 1 which it is found that the claimant is i entitled because of his injury herein before stated.
 JAMES J. DONOHUE, i Compensation Commissioner, Second Congressional District. 1 Memorandum of Decision. After at least five postponements, 1 this case was heard finally on the date mentioned in the finding and award, ] one of the reasons for pOstpOnement | application with both the Connecticut l and New York state compensation ! commissions at the same time. The matter was eventually taken up by ! the New York state commissioners at
 a hearing held in New York city on May 12th, 1916, and the claim was dis
 missed for want of jurisdiction. After 1 various other efforts to enter 9. suit at
 common law in the supreme court of l New York state, the matter was heard 1 by the compensation commissioner for | the Second congressional district of | Connecticut.
 , The questions for consideration in
 this case are, first, whether or not the
 claimant was guilty of serious and
 wi1ful misconduct; and, second, the length of the period of disability. It was argued by the attorney for
 the respondents that the claim should
 be dismissed on the ground of serious
 and wilful misconduct on the part of 1 the claimant, as two of the witnessse
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