The sun., 1919-03-31
EMPLOYERS MULCT
INJURED WORKMEN
Amendment to Compensation
Law Leaves Room for Eva
sions, Says Report.
MANY FLAGRANT CASES
Man, II. Hurt in Accident,
Gets S237; Loses Job, but
Is Awarded $4,000.

4 preliminary report scoring in strong
terms the operation OF the amendment
permitting direct settlements between
en- ployees and employers under the
workmens compensation law has been
'!ed with Gov. Smith by jeremiah F.
Conner Of Oneida. Commissioner ap-
pointed by the Governor under the
Moreland act to investigate the manage
nent and affairs OF the State Industrial
Commission.
Commissioner Conner cited as ex-
amples several cases which he has In
vestigated, in each OF which he found
tat injustice was done to the employee
as a result of etfecting a direct settle
ment for injuries received. In each case
additional compensation was awarded
by the commission on reheaTing, and
tho report recommended further that the
Industrial Commission receive spe-
cial appropri ation OF $4,000 to investl-
gate and rchear every agreement APP
proved pro forIna since the direct set
element law became effective IN 1918.
The Commissioner began his report
with the statement that it dealt only
with the direct settlement feature OF
the law. but that he deemed a special
report necessary because the existing
conditions are so shocking as to require
immediate remedial legislation
Many Casen for Reinvestigation.
OF 1000 canes in the metropolitan
district where direct settlements were
Effected during October. 1913, $40 cases
IN which the injuries appeared serious
we're selected for further examination
by the commission. His report IL based
on wha; he found in 40 OF these cases
so far investigated. Tho report con-
tinues:
More than one-half Of the cases
proved to be underpsid In sums ranging
| from small amounts 70 $4,000. Some OF
the conditions disclosed are almost I'M
believable.
"of these cases the following. to say
| the least, reveal tho grave injustice OF
| the direct settlement plan:
Nora Ryan (ciaim No. 32544I, re-
, siding at 107 East I20th street, was in
jured September 3. 1918. while working
for the Biltmore Hotel as a laundry
| woman. When examined the case
found a typewriter report OF an agree
ment prepared by the Employers Liza
billy Assurance Corporation. which in
sured the Biltnfore Aotel against the
payment Of compensation.
This report was signed by the claim
mt and by the secretary Of the Biltmore
Hotel. II described the injury as loss
| OF whole OF little finger and stated that
! payment was TO be made for fifteen
weeks at the ratio Of s3sl a week This
| would be correct for such an injury, but
when the claimant came before the COM
| mission It was found that consider
| able portion OF her hand had also been
anputated. She was paid under direct
settlement a total OF 1885,.
Fair Award Il Made TO Woman.
| '-rhe Industrial Commission as re-
suit OF your investigation awarded her
| additional compensation amounting to
ss17.56. When informed that she would
| get this additional amount the claimant
broke down before the commission and
cried like child
I'm Case No. ?o067s the claimant
| Theodore V. Ayres OF Astoria, was In
jured July II. 1918. while In the EN-
ploy of the Astoria Light, Heat and
Powe. Company, an employer which
carries its own Insurance. The attend
ing physicians report and the report OF
the agreement described the injury as
compound conminuted fracture of the
second and third fingers OF the hand
AS a matter OF fact. there was also
compound fracture OF the first and
| fourth fingers and decorations OF all the
| fingers. Under the settlement he was
| paid Sc37.63, covering the period during
which ne was out OF work
After returning to work for a short
| time he became sick and when re re-
| covered the employer would not give
him back his Job. although other en-
ployees who were sick at the same time
were restored 10 their old positions.
| His fingers had become stifiened as a
| result OF the injuries.
AT tho age of II he found himself
| crippled for hfe, out OF work and receiv-
| Ing no compensation under a law in
tended to protect injured workmen.
When his case was reheard by the In
| dustrial Commission on Saturday OF last
week he received additional conpensa-
| ton FOR partial loss OF tho Use OF the
hand amounting TO $4,000
After citing several other cases in
| which the Commissioner alleges inJus-
tice was done TO the claimant the re-
! port continues:
"Of the 1000 cases which ex-
( amned by October. 1913, attending
physicians reports were missing in ~
| and most OF those flied were misleading
| as to the character OF the injury"
| TpnOpC CuILvT q 0Nn MITES