Daily Kennebec journal., 1916-12-28
..
Industrial Accidents

Industrial Accidents
The Industrial Accident Commission
wednesday handed down an important
decision in the case Of Winsiow c. Roi-
Inns VS.. Bingham Lumber Co., in which
1t is held that an additional and unne-
cessary burden should not be placed upo,,
his employer because of his refusal to
work and orders that compensation OF
$576 per week be continued from date of
last payment. May Is. 1916 to July 10.
and that from July 10 weekly payments
of s2.SS shall continue until existing disa-
bility ceases.
While engaged in pushing a lumber
truck on a car used In moving lumber
from the rill to the mill yard Of the
Bingham Lumber Co. the applicant re-
ceived an injury to his foot on Feb. L.,
1916. from fellow employe pushing a
similar car from behind, the axle OF
which struck applicant on the heel of
his left foot. the attending physicians
first report Of injury stating that three
toes were dislocated and muscles Of foot
strained. Compensation for total disabil-
ity was paid from Feb. q to May Is at
$5.76 per week, when the insurance car
rier refused to continue weekly payments
Of s2.SS by making new agreement The
injured refused a lesser amount and asked
for a hearing before the commission.
The applicant lives upon a small farm
in the town of Bingham keeps a COW,
horse and a few hens. He does his own
work about the barn or the most of 1t
and states that he assisted some in plant
ing a small garden as we'll as helping
plant and cultivate one-half acre Of po-
tatoes. Mr.. Rollins does not admit that
he was able to do any work of more than
a few hours duration prior to July 10
when he commenced haying and moved
some with hand scythe and rode the
horse rake, working Is days on his home
farm and II days on the farm of his
neighbor with whom he exchanged work.
Following this he assists in harvesting
two loads of wheat and some second crop.
SO called, helping to load part and stow
ing away at the barn. 1t Is claimed that
walking about causes pain in the injured
foot and that if much exercise Is taken
the applicant is unable to sleep at night.
The physicians present were unable to
diagnose the existing physical condition
of the injured with any degree of cer-
tainty. but both agreed that to exercise
the foot would be beneficial.
The applicant was ordered to go to .Dr.
E. W. Boyer Of Waterville and have an
x-ray taken, it being agreed that this
physicians report should be considered
rs part of the evidence. The x-ray
plates taken by DR.. Boyer show an irreg
ularity in the bone extending from the
third or middle toe to the ankle, and he
states in his report under date Of Nov.
Is, 1916. that Winslow c.. Rollins suffered
a severe injury to the soft part in the
foot, that he broke the above mentioned
bone, that the circulation Is poor and that
it will probably be year before the foot
is we'll.
The decision concludes: "The x-ray is
the best and most reliable evidence in
case of this kind. The applicant is enti-
tied to compensation and the question is.
how much? 1t was not intended that the
injured employe should be forced to re-
turn to his former labor or that he should
voluntarily return when to do so would
cause continued suffering or have ten
dency to increase an existing liability;
however, it is the intent of the law that
the injured employe should make all ef-
fort within reason to resume the same
or some other employment, whereby the
existing earning capacity may be util-
ized that the compensation payments may
be reduced. While labor and capital have
been centuries in becoming Intimately ac-
quainted, it must be apparent to both
49, &c q othor a mr.
It IL the intent of the commission that
each shall be treated with equal fairness.
Beginning on July 10th and continuing for
a period extending over one month. Wins
low c. Rollins performed certain labors
IN the hay fields which would at least
require the services Of boy 15 or more
years of age at a wage not less than 81
per day, and 1t is not claimed that any
damaging effects resulted. Many positions
exist where this applicant can command
a wage of at least 81 per day without
danger Of increasing the present disa-
bility and it is his moral duty to pro-
cure some form of employment An ad-
ditional and unnecessary burden should
not be placed upon his employer because
of his refusal to work. 1t Is ordered that
compensation of s5.76 per week be con-
t;nued from date Of last payment. MAY
*. 1916, to July 10th. and that from July
10Th weekly payments Of sass shall con-
+,nue until existing disability ceases"
Hearings Ordered
The Industrial Accident Commission has
ordered a hearing for 1.S0 p. N. Jan. at
the municipal courtroom in Bangor in
tha case Of John H. Crowley. injured
Oct. 16, VS.. Charles F. Games. Question
involved u loss Of time