New Britain herald., 1925-11-24
Decision Favors City
In Claim Of Mrs.
Frank English, Who
Sought Allowance.
But Charitable Employ.
ment of Officer After
Retirement Age No De-
Tense Says Noonan.

While the city OF New Britain 1.
not liable for compensation nav.
ments to the widow of Patrolman
FRANK English, who died on Inn.
Of heart failure while on DUTY
the mere fact that the city had
employed him through charjtible
motives In the latter years of hi,
life Is no defense to a claim for
compensation. Commissioner Leo 7.
Noonan rules in an opinion handed
down today.
Patrolman English dropped dead
while being treated by a physician
IN the shower bath room at poI,ce
headquarters. His widow subse.
quently brought an action to collect
compensation, claiming his heart
failure was induced by the exertion
Of his employment. She was renre-
sented by Attorney Donald Gaffnev.
Corporation Counsel John n.
kirkham and Assistant Corporation
Counsel Mortimer H. Camp de-
tended the city and introduced er-
pert testimony to show his en-
ployment exposed him to no mora
neat or exertion than other peonle
ilVlng In this city on the day he
oled' and that he would have died
at that time had he been at home.
commissioner Noonan's finding
follows
pursuant to due and regular
houce' the above-entitlei matter
was heard and determined by tho
undersigned, compensation com
missioner for the First congress.
slonal district, at his office in
Hartford on November 10, 1928.
Inc following facts are found:
L. Frank English, hereinafter
referred to as the decedent, was
employed by the city of New Brit.
ain on June 4, 1895. as q police o,.
ficer and hal been so errtaoved
Tor number of Years prior there
| to.
a. Both parties were subject 10
the provisions of the workm MS
compensation act and the city of
New Britain had fully complied
with Section 1869 thereof bv secur.
ing from the commissioner a GER
tihcate authorizing 1t to carry its
own risk.
8. This hearing was held on mo-
ton of the claimant who contend.
eo that she was the widow of the
decedent and was living with him
ana regularly receiving suppor+
from him at the time of his death.
ana hence totally dependent upon
him within the meaning OF tba
compensation act: that the dece-
dent died of chronic myocarditis
aggravated and accelerated by and
during the course Of his emn,ov-
ment by the respondent by heat e,.
haustion or by exertion with the
result that said disease caused his
death; and she asked for an order
directing the respondent to nav
her compensation as such denen,
oeht and the 500 burial fee pro-
vided by law.
r. The respondent denied tbs
claimants contention and asked for
the dismissal of the claim.
"5. Decedent had been for a long
time a police officer for the Citv ~
New Britain and was of the age Of
10 years. ~
&c. Because of his long term Of
service, decedent had been given
the easiest assignment Of police dutv
in the department.
" He reported for work at ?
O'Clock in the morning at the police
station, tended to the wants OF the
prisoners who were lockel up in the
station house, and at about s:15
took said prisoners to the court
room above the station house for
trial. After court adjourned the de-
cedent returned the prisoners 10
their cells, procured whatever food
Ithev desired, and then went out and
did street duty as a patrolman at the
railroad station and arcade and
along Church street until 1880 a.
m. AT that time he went off duty
for lunch and reported back on his
Continued on Page Eine.)