The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1939-12-09

D. the sum received py Cne
school from the students has no
relation to the amount Of work
or volume Of work done by each
student but Is supplementary to
such work.
6. All students In the school are
required to perform services
around the school buildings and
grounds in proportion to their
physical ability. and In the per-
Torrance Of such work they are
under the care of projects, This
work consists OF caring for the
rooms OF the students, doing all
kitchen work except cooking, the
moving Of the lawns, clearing the
roads and pathways Of snow and
building necessary roads.
z. The performance Of this
work Is prescribed by the school
as a matter OF discipline and
character building, and inciden-
tally permits a lower charge for
tuition. In other words, the work
Is required Of all the pupils as q
part Of the general curriculum Of
the school.
8. The claimant entered the
school subject to the provisions,
rules and regulations herein out
lined and became subject thereto.
He became q student In Septem-
Der, 1887, for q term Of one year
and he returned to school In Sep-
TENDER, 1898, for term Of one
year and was q student In said
school on January 81, 1899, when
he was injured as hereinafter de-
scribed.
8. No work done by the claimant
was done for the purpose or with
the design Of giving the claimant
any special proficiency In any spe-
cial trade, but the work done by
the claimant was that OF an I'M
skilled laborer which required no
particular training and did Mt
create In the claimant any definite
craft or skill.
10. On the 3lst Of January,
1899, the claimant was shovellng
heavy snow on the hockey RIM
used by the students, and he sus-
tained o hernia on the left side,
which arose out Of the perform
arlce Of said work.
H. The shoveling Of said show
was a part OF the system Of work
required OF all students, as herln-
before described, and was not pur-
suant TO any contract Of employ
ment as contemplated by the
terms Of the Workman's Com
pensation Oct.
u, The only monetary loss
which the claimant sustained was
the cost OF medical, hospital and
nursing care. He was paid no
wages as such.
-. Were the claimant an en-
ploye, he would be entitled TO
disability compensation at the
minimum rate, and, In addition
thereto, his reasonable medical
expenses. These are not now def
nitely ascertained because OF PEE
culiar conditions surrounding the
medical treatment. To definitely
determine them Is now not neceS-
sary In view OF the conclusion
reached.
IA. II was the claim OF the
claimant that he was an employee
Of the respondent and entitled 10
compensation for injuries Sus-
tained. II was the claim OF the
respondent that the relation OF
master and servant did not exist
and, therefore. 1t was not liable
under the compensation act.
Is. The claim OF the claimant
Is denied. The claim OF the re-
spondent Is sustained.
WEEREUPON, IT IS ORDER
ED, ADJUDGED AND DE-
CREED that the claim OF the
claimant be, and the same
hereby Is, dismissed.
Memorandum OF Decision Is
hereto annexed and may be re-
ferTed TO.
JAMES M. LYNCH,
Warkmens Compensation Com
missioner, Fifth Congressional
District, Acting.
MEMORANDUM OF DECISION
A diligent search OF American
and English authorities fails TO
produce any case exactly In point
with the one here involved. The
question to be decided Is, however,
important, for while 1t will not be
involved In many cases 1t Is OF
considerable Importance to the
present claimant.
In order to bring the claimant
within the term Of the compen-
sation act he must prove that he
Is an employe within the meaning
OF our compensation act. The act
defines "employe" to mean ANY
person who has entered into or
works under any contract of serv-
Ice or apprenticeship with an
employer" The word Is 10 be
given its ordinary meaning as
commonly understood.
One Is an enploye of another
when he renders service for him
and what he agrees to do, or Is
directed TO do, Is subject to the
will Of that other in the mode
and manner in which the service
Is to be done and in the means to
be employed In its accomplish
ment as well as the result to be
attained. II one carries on work
for another. and In mode. man
ner and means is independent of
that others control, he Is an In
dependent contractor. Kinsman w.
Hartford Court Company. %
Conn.,, l66. See also Cumbo w.
McCyalPl fQA Hiasan A9Q