Norwich bulletin., 1920-02-25
DECIDES NOVEL COMPENSATION CASE

Commissioner J. J. DonoIlue before whom a hearing on the case was, held to determine whether the acci- dent happened in the course of the | mans employment.
 It is ordered by the award made by
 the commissioner that the bank shall pay medical. hospital and surgical bills for MT. Chapman on account of the injury sustained on Jan. ', 1919, and that $14 per week for POS weeks. It is found that the injury occurred in the course of the mans employ ment, and it is found that the con- ditions of MT. Chapman's employ ment and duties were such that it would be difficult to find anything he
 might do which would take him out side of his employment, so long as he was producing a feeling of goodwill and friendship on the part of people Of the rural communities and the re- spondent bank.
 The case presented unusual and in- | teresting features from the stand point of the application of the work l mems compensation law.
 l On January 7th, 1919. the claimant | was about to saw some wood for a neighbor by the name of Ingham in 1 the town of Saybrook when the bal l ance wheel attached to a portable l circular saw burst, portions of it | striking him in the body and right arm, injuring the arm to such an ex- 1 tent that amputation had to be done at the shoulder joint on the same day.
 1 The injury occurred about 9.30 O. clock in the morning and claimant l was taken to the hospital where he 1 remained for about two months The injury was not due to any se- lrsra1 f,.J 41,O part of the claimant, nor was it so
 claimed by the respondents.
 1 All the facts in the case were | practically agreed to by the parties at interest with the exception of the question of whether the injury was one arising out of and in the course | of employment.
 The claimant on the day of his in | jury, was. in the employ of the re- | spondent bank as it's agricultural | agent, his contract of employment with said bank having been made on
 March 1st, 1918, to continue for one
 year. at a salary of 5000 a year. Tn all his activities claimant was re- 1 sponsihle directly to the agricultural committee of the bank, which was | made up of three directors, of which | committee MT. Edward W. Hazen
 was chairman, and not to the officers I or other directors of the bank.
 1 The bank furnished the claimant | with Ford touring car for the pur- poses of transportation and also for 1 doing whatever work he could dc i with it to accomplish the results which the bank contemplated at the 1 time. they procured his services. I It is found that claimant owned a
 Ford truck himself which he made
 use of when the banks automobile was not in cond,tio he often used i his own auto, at times when the | banks machine was not disabled
 when it was found better suited to carry on the work in which he was 1 enga aged, all of which facts he duly
 reported in his daily reports to- Ire i agricultural committee of the bank | Claimant had power attachmer.
 OF his own Ford car which could bt used for saving wood and it is found | that on the morning of claimants in 1 jury he had gone in his own auto mobile to MT. Ipgham's farm to saw 1 some wood for him. the circular saw which waSr to be used to saw the
 7qod being connected with the powel attachment on the claimants owT Furd 0s
 I The elahaart was about tos saw shi. E wood for Mr. Iagham when the in
 Iwy occurred: he was to do it as . matter Of accommodation for MT. In | gham and no arrangement haf | been made for claimants receiving any pay from NIT. Ingham for th' | work. neither was any contemplated ! as MT. Ingham was a neighbor ant
 the claimant agreed to help him ou
 by saving a small lot of wood whlcT
 NIT. Ingham had sold and wished tc get sawed, he having no other mean, I .f -lr T
 required to saw the wood would no | have been over half an hour arl l there is found to have existed a mu
 tual understanding that the sawins
 of the wood was a matter of accom-
 modation only, that the claiman
 should receive no pay for his ser
 vices, and it was known to both tn,
 claimant and MT. Ingham that tn
 services to be rendered were aloni
 the line of great variety of Ser
 vices which the claimant was render
 ing daily in the rural communities ii
 his capacity as agricultural agent o
 the Middletown National Bank.
 The claimant had no other occupa
 ton than that of agricultural agen
 of the Middletown National Bank ex
 cept that he was permitted to opaf ate a small farm, and he was als l president of the farm bureau and wa 1 encouraged by the bank to give nor
 or less time to that work in connee
 ton with his work for the bank Tn
 only salary received by the claimau
 came from the bank. Claimant ha
 been agent for power attachmen | before entering the employ of tn
 bank and the agency had never bee revoked. but the evidence shows tha ] during his employment with the ban l h11f 1oe 5 of the power attachment. He charge
 no commission but received the SUI
 of five dollars for assisting in tI
 sale of one attachment, there beir
 nothing received on the second sal
 At the time of his injury clainal
 was not using z the power attachmel
 for the purpose of demonstratir
 same to Mir. Ingham or with the ho1
 of ever making a sale to him. but h
 saving of the wood was purely
 favor and matter of accommodate
 as stated above.
 On the other hand Mir. Ingham W; a prominent man in Old Saybroc | and was tax collector of the tow
 and kept his account in Essex, ar his account was accordingly ol which the respondent bank wou have been very glad to secure. The facts leading up to the al l pointment of MT. Chapman as agr tional Bank are of considerable in portance in considering the questiC | as to whether his injury on Jan. l 1919, could be considered as one ari | ing out of and in the course of h ! employment. The scope of his woi is also an important factor in deci ing the principal question in dispu