Daily Kennebec journal., 1918-05-20
Decision in Favor
Walter Lynn, HallowelI

4 Chairman Eben r. Littlefield of
the Maine Industrial Accident Com
mission has rendered decision in
the case OF Walter Lynn of Hallowcll,
claimant. VS.. the Bath Iron Works,
Ltd, and the Employers Liability
Assurance Corporation, insurers, or
derlnG that the Bath Iron Works.
Ltd, pay to the claimant a weekly
compensation of $40 and that the
payments are to begin as of March &,
1918, the date Of the last payment,
and TO continue for a period not cx-
ceeding 500 weeks from Oct. %, 1917,
the total amount of said payments
not 10 exceed $4,000 Chairman Lit
uofield speaks as follows in his de-
cision covering the case:
The claimant received injury Oct.
-, 1917. by being hit in the right eye
by a piece of bolt which has resulted
in total disability. Following this in
Jury an agreement was made between
the employer and the emploNe for
the payment of compensation at the
tate OF $40 per week for the period
o' disability and weekly payments
"cr" paid from Nov. 5. 1917. up to
and including March 4, 1918, when
the employer refused to make further
=; Hmonts.
"Th" petitioner testifes that his
lett cle has been practically blind for
~ \"ajS and tho examining physician
states that the eye is practically
'''lnG at the present time. The ex-
IAla zi1,,,
teStitcS that there was one-tenth
VISION remaining in the right eve.
which was injured Oct. 80, 1917. when
he made first examination Dec. IS.
1917. and he also found one-tonth
VISION on his second examination two
weeks later. This physician saws the
left eye is blind
! "Dr Beach. who has treated tho
claimant and who was called hy tho
ohn1lSSlon, states that the claimant
mas NlSoln nf ono tenth which is
tran$itprN. He explains this condi
ton by stating that it is only a mat
ter OF seconds when the petitioner
1 mas a vision equal to one-tenth nor
NAL.
! Prior to Oct 90. 1917. this claim
ant constituted 4 labor unit at the
Bath Iron Works and was canal 10 Of
earning an average weekly wage in
mat industry which was agreed upon
as s20.21. Immediately following the
INJURY received he became totally in
capacitated as q laborer.
section IA of the act specifies Ger
tain Injuries which are conclusiyeh
presumed to result in permanent total
disability and among the INJURIES
mentioned is the loss of both eyes.
II does not say that an employe shall
nave two good eyes or that he shall
be physically perfect prior to an in
jury. There is no attempt made to
dehne all injuries possible to he re-
ceived which might result in pcrma
nent total disability.
1T has long been common knovl-
edge OF the average man that ono eve
IN some heads is worth dozen ewes
IN other heads, and the legislature
must have been conscious of this fact.
This claimants serviceable cyc
with the ability behind it made him
valuable to industry and tho injury
received has totally DESTROYED his
earning capacity or caused total
disability which in all probability is
permanent.
1T is found that the injury arose
out of and in the course of his en-
ploEment. that the claimant is en-
titled to the maximum compensation
of $40 per week and that claimant is
entitled to compensation for perma-
nent total disablity.''