Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-06-26
Decisions by Indus
trial Accident Com.

The first decisions handed down by
the Industrial Accident Commission in
cases coming under the Workmens
Compensation Act were made public
Saturday by Chairman Eben Littlefield,
as follows:
The first case was that Of John Slane,
applicant Randall McAllister.
Portland, and Travellers Insurance Com
pany, Hartford. Conn, insurers. The
case was heard at Portland April %,
before the chairman, Carroll L. Beedy
of Portland appearing for the applicant
and the law firm of Verrill, Hale, Booth
& Ives for the respondents.
On Feb. /, 1916. the applicant receiv-
ed an injury, breaking one of his fling
ers. while employed by Randall & Nc
Allister at Portland, as a coal trimmer
or longshoreman. The question at is
sue is the amount Of compensation due
the injured employee.
In his decision Cnailman Littlefeld
states that he believes the intent Of
the Workmens Compensation Act is
that the common laborer, wholly de-
| pendent upon his earnings, is entitled
to compensation for injury according
to his earning capacity at the time and
Immediately prior to the date of in
jury, and this regardless of the fact
that the employee is engaged by diff
ferent employers at different periods of
the year and at different occupants. In
this case Slane claimed to be a coal
trimmer and longshoreman for a GER
tain period Of the year and a common
laborer during the balance. He claim
ed to receive approximately the same
average weekly wage while working
, on sewers as when a 1ongshoreman,
both Of which employments are that of
| a common laborer
The chairman dsregards the agree
| ment submitted and rules that the COM
pensation shall be figured according to
subsection OF Article 9 of the Pub
lie Utilities Act which provides that in
cases where other methods Of arriving
at average weekly wages cannot rea-
sonably and fairly be applied such aver
age weekly wages shall be taken at
such sum as, having regard to the
previous wages. earnings or salary of
the injured employee and Of other en-
ployees of the same or most similar
class. working in the same or neigh
boring locality, shall reasonably rep
resent the weekly earning capacity of
the injured employees at the time of
the accident in the employment in
which he was working at such time.
According to the evidence submitted
by the respondents. showing the av-
erage wage to be $780, the chairman
rules that the respondents shall pay for
the medical treatment during the first
two weeks following the injury, not ex-
CaeHinQ Nd IN
respondents shall pay to the said John
Slane compensation of 1924 per week
from Feb. Is, 1916, until the disability
has ceased.
The second case in which decision was
handed down Saturday is that of Belle
NJ. Dolley, applicant, VS.. Delano Mill Co.
of Portland and Fidelity & Casualty Co
OF New York. hearing was held at
Portland May 10 in which Willis H. Hall
of Portland appeared for the applicant
and William H. CULVER of Portland for
the respondents.
William E. Dolley, father Of the appli-
cant. Belle NJ. Dolley, while at his regu-
lar work operating rip saw in the en-
ploy of the Delano mill company on Jan
Il, 1916. received an injury caused by
something being thrown from the saw
striking him in the abdomen, and that
the injury resulted in his death Jan. %,
1916. The applicant makes claim as total
dependent. The evidence shows that at
the time of the decease of William E.
Dolley the applicant was in a weakened
physician condition caused by an injury
received two days prior to the death of
her father, and that she was suffering
from proplapsed stomach. floating kid
ney, indigestion and insomnia, and claim
is made that the applicant was totally
dependent upon her father at the time of
his decease.
The chairman rules that in the case at
issue the applicant. from the evidence
submitted, was not physically capable of
earning living on the date Of injury to
her deceased father, nor has there been
recovery such as would warrant her
seeking employment. To engage in any
employment such as would warrant earn |
ing livelihood would in all probability |
impair the present physical health of the |
applicant to the extent that she would |
become an invalid for life and a subject !
of charity in the future.
This was not the intent of the law"
the decision concludes, land the chairman |
rules that Belle May Dolley was totally
dependent upon her father, William F. |
Dolley. at the time Of his injury and that
the Delano Mill Co. is liable for the pay
ment Of and shall pay the sum Of Sc. 37s
per week for a period Of 300 weeks from
the date Of injury, to be paid weekly:
that the Delano Mill Co. shall contribute
the sum Of $3.50 toward defraying the ex-
penses for surgical and medical services
during the illness following the injdry."