Norwich bulletin., 1919-06-17

In 8 finding in the workfnen's con- pensation claim of John and Amelia Saunders of SS5s Williams street. New London. on account Of the death of their daughter, Genevieye. Comnis- sioner J.. J. Donohue has just issued his finding ;and awards in which he finds iii favor of the claimants on all three points at issue. Two hearings have been heard in the case at the conlmissi.e CTS office in this city, May F and May -16.
 The young woman. who was Is years old. was employed at the New London factory of the New England Collapsible Tube O., and was caught in an elevator at the factory on Oc- tober 24, 1918, sustaining injuries which resulted in her death thres days later.
 The commissioner finds that the in- juries received by the young woman arose out of and in the course of her employment, that the injuries we're not due to her serious and wilful mis- conduct, and that the claimants are partial dependents of the deceased. points by the liability company that insured the Collapsible Tube Go.
 It is ordered that the respondents shall assume all medical and hospital expenses, pay $100 towards the fu- neral expenses, and shall at once pay in a lump sum to the claimants, through their attorneys compensation at the rate of s per week from Oc- tober 27 to the date of the hearing and that the sum of s per week shall be paid for the remaining period. not to exceed 312 weeks in all as provided by statute.
 In his finding and award. to which is also attached a memorandum of de- cision, the commissioner says that f was agreed at the hearing that the av- craze weekly wages of the decedent were s6.T5 with $1 bonus when she worked.
 From the testimony it is found that said Genevfeve Saunders was IS years of age, that a permit had been secured from the proper authorities for her employment at this plant of the respondent company on Waller street in the city of New London She was employed in the capacity of a packer, her duties being to pack fill- ed tubes of tooth paste into boxes or racks for disposition by another de- partfient of the plant.
 It is found that her employment be- gan at o'clock in the morning and ended at o'clock in the afternoon, an hour from F until 1 o'clock being al- lowed for lunch.
 On the day in question. October 24 1918. the testimony shows that she had gone to lunch at the regular time l and had returned to work again, and that at about 3.3o o'clock in the aft etnoon she left her work On the third 1 floor of the building and went to the i,la away. Although no one saw just wha, happened, the evidence would tend tc show that she opened the fire door 1 which was unlocked, and leaned ovei 1 the gate, which N-as about 1-S fee 1 from the floor and looked into the ele- vator shaft, and while 50 doing the ] elevator which had gone to the foo, aboTe. came down and caught her be- l tween the bottom Of the elevator afIt the tcb Of the gate. She received in 1 iuries. consisting of a broken skull ant crushing of other bones in the body 1 which resulted in her death on Octobe ] 27th. 1913.
 1 The decendent left surviving par ehte. who are named in tho captiol as the claimants. with whor she ljv ed. and to whom she contributed he wages in full each week.
 At the hearing the respondent agreed that said Cienevieve Saunder i was injured while working at the plan of tho New England Co1fapsfble Tub Company in New London on the 24tl day of. October. 1918. but they refuse to agree to anything beyond that
 claiming 0st) that the fatal iniurie received by her on said day did no
 arise out of and iii the course of he !
 was guilty of serious and wiiful mis ! conduct and (S). that the parent
 were not dependent upon fac deceaen :! The hea~ins was called that the va
 riops points at issue might be de
 termined.
 As to tho question of whether or nc
 the injury arose out of and ill. tn course of tha decedents employment
 the testimony Of the various witness
 es shows that it was necessary fo
 girls employed at t=is plant. whic
 consisted of several floors. to go fror
 one floor to another for the purpos , of getting material as needed or fo the purpose of taking finished wor
 to another department: that it wa customary for the girls 10 use the ele , vator for this purpose, and that the
 did 60 daily. that they did not opey , ate the elevator themselves, but tha
 they always rode with the operator that the girls also used the elevate when going to work in the morning c , st noon time as well as at night whe } leaving the building for their home 1 The testimony further shows tha this particular girl, Genevieve Saund CTS. had used the elevator in this wa
 and for the purposes mentioned dur ing entire employment at this plan and although it is. found that no per
 son saw the accident and it is not def inite!y known for just what prpos ; es she left >---' work and went over {
 the elevator on this particular occa
 sion. still the fact remains that sh
 did so. and while looking into tn
 presumably to see where the eleva
 to was, she was fatally injured.
 There is no evidence to show ths
 this Saunders girl had reason to us the elevator on this day at this par
 tieular hour, nor is there evidence |
 the contrary. o.
 The forelady on this floor where tt
 Saunders girl worked testified that sf
 had on several occasions seen tf girl at the elevator looking into tf
 elevator shaft, and that she had cat
 toned her about it. but that she nes l CT did anything more than caution he
 Tn the absence of evidence to tf
 contrary, it must be found that tl Injuries received by Genevieve Saunt
 CTS on October 24th. 1916, arose ol
 of and in the couse of her employmen
 as they were received during h, 1 regular working hours at a pIat where she might reasonably be e
 pected to be, and where her work r
 quired her to be at times. and the