Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1919-04-18

proves that the agreement was based
upon a serious mistake. but also
that great injustice will be done If
the agreement is allowed to stand
declares the State Workmen's Com
pensation Board in an opinion by
Commissioner James w. Leech in
Maffei VS.. Allegheny River Mining
Co., an Armstrong county case. The
Board declines to set aside the
agreement because the doctor for
the company, after accepting. the
statements of the claimant, found
them incorrect. The opinion says
that the agent of the defendant
employed to investigate the facts
had chosen to accept as true the
story of Maffei rather than go to
the trouble of finding out for him
self what the petitioner now alleges
to be the true facts" 1t is held that
the very fact that an. investigation
was ordered shows that the defend
ant did not rely on the claimants
statements. but on the Judgment of
its own agent and that it may not
allege as ground for relief that
IAN incomplete unsatisfactory in
vestigation" was made. The opinion
also refuses TO order the claimant
for new medical examination to
ascertain cause of incapacity.
A ruling regards liability for in
jury to one who stands in relation
ots Il parent is made in Fashley vs..
Barret Chemical WORKS Co., Phila-
delphia. The father was not living
with the family. but had expressed a
Willingness to make a weekly pay
ment for support of minor children
and the wife had released him on
payment of a lump sum to institute
divorce proceedings now pending.
The man killed was supporting the
woman and children as members of
his househald. The board holds that
o agreement between the parents af-
fects the rights of the children, ad-
mitted supported by the deceased
saying Their status as dependents
is liked. regardless of their fathers
legal liability to support them" The
board declines to pass upon the ques-
ton as to whether the defendant
would have TO pay compensation to
the children in event that their legal
father should be killed. Such "a
question is held to be based upon
a mere speculative or assumed state
of facts" by Commissioner John A.
Scott.
In Evey VS.. Sheldon Axle and
Springs works, Wilkes Barre. the
jury to the wrist of the claimant who
was injured about his right wrist
on November %, 1917, short time
after entering employ of the COM
pany and who returned to work after
the injury and worked thereafter
almost continuously until the third
of August, 1918, receiving the same
or higher wages than at the time of
the accident" The board says that
the weight of evidence shows that
the injury is permanent and that
his injured hand was of little or
no aid in performance of his work.
In another opinion in Meyers VS..
Meyers, MckeeSport, compensation
is awarded on the possibility that
slight hemorrhage may have been
caused by eXertion of lifting laundry
tubs and produced illness. incapaci-
tating the man from working. Com
pensation awarded in Guttschall VS..
Rockhill Iron and Coal Co., Roberts
dale, is upheld although physicians
differed as to whether a fall pro-
duced peritonitis. Parents of Earl
V. Bohr, fatally injured in an eX-
plosive factory accident near Pitts
burgh last May and living at Lancas-
ter, are refused compensation on
the ground that earnings of the son
were used for q fund to enable him
| to go through college and that they
were not dependents.
West Shore Cases-The Public
Service Commission has arranged to
hear the Valley Railway cases on
, Tuesday.
First List Issucd-The State High
way Department has issued the first