Every evening, Wilmington daily commercial., 1922-01-31
ACCIDENT BOARD
GIVES IMPORTANT
AWARD DECISION
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Continued from page
the employment OF /. X. Kreshtooi to
dosthts work In not disputed.
Under the terms OF the oral con-
tract OF hire. existing between An
thony Irons. claimant. md I. X.
.kreshtool. employer. the claimant was
employed as = skilled laborer at sixty
Ave cents tssb) an hour, working nine
t9) hours n day, for Ave and one
half t6h) days per week. his weekly
wages based on this scale amounting
To 1928 per week, said wages having
been paid from on or about August /,
1921 to August %. 1921.
ION August 20. 1921, while in the
employment OF making repairs to the
dwelling house known as 429 Town
send street, Anthony Irons. clalmant,
sustained, q personal injury by ac-
cident, consisting of complete oblluue
fracture OF the right fcmur. just above
the knee, with slight chipping Of
the patella, said injury having been
caused by BIDDER slipping while
| claimant was carrying q pail OF water
to the top OF The aforesaid building
for the purpose of softening mortar
used In plastcring chimney.
Actual knowledge of the occur
renee. Of the accident to Anthony
Irons, claimant, was. had by I. X.
kreshtool, employer, on the day OF It's
happening. as the said emnjoyer called
Mt the Homeopathic Hospital where
the injured employee had been sent
by the police authorities. Nothing
was said at that time by either claim
ant or employer, as to the furnishing
of reasonable surgical, medical and
hospital services, medicines and sup
plies nor has any payment been made
as yet for these services.
Both Anthony Irons. claimant, and
l. Is. Kreshtool, employer, on August
t2b. 1921 were bound by the compen-
satory provisions OF, The Delaware
Compensation Law OF 1917" insofar
as neither of them had served legal
notice that they had elected not TO
be so bound.
Notwithstanding /. n. Kreshtool
testified, that his business was that
of dentist. there Ia sufficient evi.
dence to show that the said I. X
kreshtool. has also been engaged in
other lines of business at tho game
tins, namely the bushes OF contractor
In 1919 and 1920, and, in 1921, the bust
ness OF caring for property which he
, bought from time to time, and sold on
rented as he saw ut. II was In the
latter line OF business. that I. X
/ kreshtool was engaged on August IS
) 1921 and for sometime previous there.
: 10. Clearly the main business Of I
X. Kreshtool. Is that OF dentistry bu
!, he was also engaged In another line
4 of which the making OF repairs {,
. dwelling houses was substantial
!. part.
a During the month OF August. 1921
: the following persons were empIoye,
n by l. X. Kreshtool. In the employ
G ment of making repairs 10 houses IL
= the City OF Wilmington under hi
control. viz: Anthony Irons. claimant
Charles +. Jester. painter: Charles
Mcmahon, carpenter; Myer Steir
' paper hanger. Herbert T.. King an
e 1sadore Golden, roofers. (who wer
% partners In busincss) Arthur Biddl,
{, plumber, together with three othe
VI persons, whose names are unknown
y one OF the said persons being In tn
employ of Charles F.-Jester and TIL
n other two in tho employ OF Arthu
n Biddle. Contracts were offered an
n accepted as evidence. showing tina
is Charles F. Jester. Myer Stein an
N King and Golden were contractors.
l. THE nature of the employment wa
such as would not permit of all the,
J. persons employed. being engaged
VI the same place at the same time. Kir
III and Golden both We're also employ,
by /. X. kreshtool during the mont
Of August, in making some repairs
house on Stoeckle street, and Bidd
was also employed In making repai
in a house under the control of l. ]
Kreshtool on Lowering avenue in Sc,
n TENDER. 1921.
Y 1T is the general principle, tn
IL workmen's compensation laws shou
be literally construed, so as 10 effect
ate the purpose of the Legislatures
m their enactment, The terms constr
ed presupposss some doubt, obscuri
and ambiguity and, where these ell
ments, or any Of them, exist TO su,
an extent, as to offer grounds for di
Y. ferent Construction, that one shou
s. be adopted which best carries ont q
a. legislative intent%
e. Applying this underlying princir
a to the foregoing facts, the Board co
IS, fronts the question as 10 what was
TO the Legislative mind when, the enac
ed ment of. The Delaware Workmer
IL Compensation Law of 1917 the *
se lowing section was inserted:
3193 Wv. Section 1s1.
or This Article shall not apply to
as farm laborers, domestic servants,
os officers and servants of the State
RS or any governmental agency
al, created by IT. nor TO their nespec-