Evening journal., 1918-05-15
MUCH I9jTATIOH
hEIVfRANCE CASE
Ivy lal Accident B ard
Ns That He Must Ac-
.ept Weekly Payments
LOSES ONE EYE
IN LOCAL PLANT
Special to THE EVENING JOURNAL.

Special to THE EVENING JOURNAL.
DOVER. Del, May i5.-At the regular
meeting Of the Delaware Industrial
Accident Board held here yesterday the
most important reward yet made by the
board was made in tnal il deals with
the question OF settling compensation
on The commutatlon plan OF a lump
sum asked for by the claimant, Joseph
France, rather than weekly compen-
satlon which at flrsi had been agreed
TO by France with his employer.
On April 49, 1913, France was injured
by accident arising out OF and In the
course OF his employment as laborer,
by The Electric Hose and Rubber Com
pany, On May 2, 1918, France entered
into an agreement with his employer TO
receive compensation at the rate OF s9.45
q week for a period OF iiS weeks from
the 29th day OF April, 1913. Agreement
showed that his sole injury consisted
OF tho loss OF the right eye.
Later France made application TO the
Industrial Accident Board OF the State
OF Delaware for Communication, or In
other words, for a lump sum payment,
giving the reason that he desired to
purchase real estate IN Wilmington, He
made this application under Ji93 II,
Section ii3. OF the Delaware Work
mems Compensation Law.
The applicant testified that he will
be able TO start to work in about a
week that he desires TO purchase a
home 90 live In for about twelve hun
dred dollars, that he has a wife and
three children, a girl Off is, and two
boys, one six and the other three years
old; also that he and his wife have to-
gether about one thousand dollars.
It did not appear 70 the board that
commutation would make for the best
interest OF the applicant, or that any
undue expense or hardship would fall
on either party by the payment OF the
sum agreed upon IN weekly Install
ments. on the other hand the board
believed the payment OF compensation
IN weekly installments was the only
safe way to insure to the applicant,
and TO those dependent upon him, the
full benefit OF the amount to be paid.
Tho board therefore refused TO grant
the application for commutatlon.
As a matter Of general information.
the Industrial Accident Board desires TO
state that In cases where compensation
is to be paid for flxed and determlnate
period 1t frequently occurs that appli-
cation is made for a lump sum pay
ment II Is the settled policy OF The
board that such application win not be
favorably considered unless there is
some special reason for so doing. The
Board said:
Communication is a departure from
the normal method Of payment and Is
a. D.. Ill ..rtIrT aIn nj on.
pears that TIM condition Of the bene-
fciaiy warrants such departure. Per.
sons entitled compensation are mort
often inexperienced In business Affairs
and unable 10 protect themselves
Lump sum payments would often bs
squandered and dissipated very soon
whereas weekly payments made In lieu
OF wages are wisely spent within the
range Of the experience OF the henea-
ciary, and fully carry out and erfect the
intent and purpose Of the compensa-
tlon law
The present members OF the Indus
trial Accident Board are IN full accord
that commutatlon should be granted
only IN cases where Il Is shown that the
best interests OF the beneficiary would
be promoted thereby. The Board rec
ognizes mat when compensation IS ia
DO paid for a fxed and determinatf
period, II may appear 90 the BENEFICIARY
that lump sum payment would be de-
sirable but the wise purpose OF the
Compensation Law is that weekly pay
ments OF compensation shall be In lieu
OF wages, and this board feels that Il
is frequently necessary to protect bene-
ficiaries and their dependents against
their own unwise desire to obtain lump
sum payments"