tributions from $12 to $17 a week to mother and she used this for
own purposes insufficient to show that she was dependen upon him. Birmingham et al. vs. Westinghouse Electric & Mfg. Co. et al.-In re Travelers' Ins. Co. (N. Y...)................ 241 Dependent. Where deceased had for a number of years supported sister under agreement, her health being that she could not perform work of stenographer, she was totally dependent upon him-not to be deprived of compensation by mere fact that she was capable of supporting her- self, when in fact she did depend on him for support. In re Lanman et al. (Ind.)
Dependent. Where father earned sufficient to satisfy family expenses when proper deduction was made on account of contributions of deceased son, no award can be made, notwithstanding he contributed to family sup- port. Moll v. City Baker et al. (Mich.)... Dependent.-Employee fatally injured while living with father who was dependent upon him for support, and married a woman, who previous to the accident was pregnant by him and who lived with him after their marriage until his death when posthumous child was born, com- pensation properly awarded to surviving father to exclusion of widow and deceased employee's minor son. Keutbach v. Industrial Commission of Wisconsin et al. (Wis.)... 461 Dependent. Where claimant has not appealed from decision of board that certain payments by deceased to claimant were not contributions to support of family, Supreme Judicial Court cannot consider such pay- ments in determining whether claimant was partially dependent for sup- port-finding that claimant father was partially dependent on son must stand if there was any evidence to warrant finding-contributions for household furniture could have been adjudged as contribution to sup- port-partial dependency may be found to exist, though father could have subsisted without aid from son-Board not legally warranted in finding that amount of son's money in bank was "contributed" by him to his father in determining amount of weekly payment father was to receive. In re McMahon-In re Massachusetts Employees' Ins. Ass'n (Mass.) Dependent.-Board's finding that widow in Italy was totally dependent up- on earnings of her deceased husband for support and that her three children were totally dependent cannot be sustained on evidence show- ing that, though she had received money from husband since he came to the United States, notwithstanding he owned house she lived in in Italy-compensation goes to those dependent on earnings of decedent and not those supported by him. In re Derinza-In re Pucci-In re Con- tractors' Mut. Liability Ins. Co. (Mass.) Dependency.-Alien wife living in another country not with her husband, while he works in Mass. for part of year by reason of mutual agreement is not conclusively presumed to be a total dependent, question of her de- pendency and its extent being of fact-where wife owns lot and eight- room house in good repair in which family live, it cannot rightly be said that she or her children are "totally dependent". In re McDonald, In re Employers' Liability Assur. Corp., Ltd. (Mass.).. Dependent.-Adopted child of daughter of employee is not his heir or next of kin and it is not entitled to compensation. Winkler v. New York Car Wheel Co. In re Employers' Liability Assur. Corp., Ltd. (N. Y.). Dependent.-Commission might receive affidavits of father and mother of deceased, residing in Ireland and taken before commissioner of oaths of state of New York, as bearing upon their dependency. Moran et al. v. Rodgers & Hagerty, Inc. (N. Y.)..... Dependent. Finding that wife had neither received nor sought support from employee for years and was suing him for a divorce without claiming alimony, that she was not in fact dependent on him was supported by evidence assuming that wife was conclusively presumed dependent upon employee for support, still where there were children also dependent on him, commission had power to award compensation in proportion to their respective needs and in such manner as might be just and equitable, even to the total exclusion of the wife. Perry et al. v. Industrial Acc. Commission et al. (Cal.)... Dependent.-Married daughters who were not dependent upon father, but to whom he had contributed groceries and other things, were entitled to compensation. Peabody Coal Co. v. Industrial Board of Illinois et al. Dependent.-Question of what disposition of compensation for death of employee is in proportion to respective needs of dependents is one of fact, the determination of which is committed to Industrial Commission which is necessarily vested with large discretion and no court should interfere award of whole compensation to two minor children was warranted. Perry et al. v. Industrial Acc. Commission et al. (Cal.).... 474 Dependent. Where night watchman left daughter of 22 surviving, to whose support he contributed within four years previous to his death, she being incapacitated by illness, so that it was her father's duty under statute to support her, employer was liable to pay compensation. Mechanics' Furniture Co. v. Industrial Board of Illinois et al. (Ill.). Dependent.-Where six children contributed to father sufficient sum to main- tain family, aside from rent. and deceased contributed one-fifth_thereof, and father, owning the building in which they lived, contributed its use to the family, father was entitled to compensation on death of son. Mallers v. Industrial Board of Illinois et al. (Ill.)..
Dependents. Proceeding may be maintained by mother for death of son who contributed all his earnings to her as head of family, notwith- standing her other children were also supported from common fund. Where deceased paid all his wages intact to mother as part of common fund from which he received his car fare, clothing and necessary ex- penses, the full average weekly wage was proper basis for determining amount due without deduction for expenses. People's Hardware Co. v. Croke (Ind.) Dependency.-Where widow of servant who came from Armenia 31⁄2 years before his death was living in Armenia, she was conclusively presumed to be totally dependent upon his earnings and such question must be determined in accordance with fact as it was at time of injury to her husband. In re Mooradjian. In re London Guarantee & Accident Co., Ltd. (Mass.) Dependent. Provision in law that surving wife shall be conclusively pre- sumed to be wholly dependent on husband infringed no constitutional right of relator and is valid-while evidence shows that plaintiff was living apart from husband it fails to show she was doing so voluntarly. State ex rel. London & Lancashire Indemnity Co. v. District Court of Hennepin County et al. Rush v. London & Lancashire Indemnity Co. (Minn.)
Dependents. Where evidence was able to support findings as to partial dependency of two daughters order of insurer to pay them equal sums was proper. In re Osterbrink (Mass.)... Dependent. Where girl had lived over fifteen years with grandparents continuously her parents in separating having given her to them by written agreement, she was entitled, as dependent on her grandfather, to be compensated for his death, notwithstanding her parents had re- united, it appearing that her mother was lacking in love for her and that she would not be at home with her father and mother and that her real home was with grandmother-claim not affected by fact that at time of hearing on her claim she was earning some wages, or that mother was offering to take care of her. In re Yeople. In re John B. Rose Co. In re Travelers' Ins. Co. (N. Y.).
Depositions.-Notice being irregular, the reception of depositions in evidence against employer's and insurer's objections was error. Shaffer V. D'Arcy Spring Co. et al. (Mich.).. Deposition.-Application by Industrial Board not in writing for deposition to take evidence of deceased's widow living in Italy was irregular, filing of interrogatories by secretary of Board not being a written request for a commission-omission of board to make written request could be cured by filing written request by board or some member-desposition admissible since only objections to substance of interrogatories can avail when presented for first time at trial. In re Derinza. In re Pucci. In re Contractors' Mut. Liability Ins. Co. (Mass.)..
Diabetes.-Theory that claimant's disease of diabetes resulted from injury sufficient to sustain finding. Balzer V. Saginaw Beef Co. et al. (Mich.)
Disability, Continuous.-Widow's proceeding wherein continued disability was found and not barred; the ability of the young workmen to per- form the labor for which he is employed not being the sole measure of disability, so that the fact that he went back to work did not neces- sarily contradict finding of continuous disability. Western Indemnity Co. v. Industrial Accident Commission of State of California (Cal.).......... DEGREE OF.
Disability. Doctrine of degree of disability prior to injury, degree caused entirely by injury or diseases and degree which might have resulted from disease alone is inapplicable to proceedings for relief under Workmen's Compensation. Indianapolis Abattoir Co. v. Coleman et al. (Ind.)... EXTENT OF.
Disability, Extent of.-Where employee lost lens of eye, but could not see by use of artificial lens and could continue work without loss in wages, there was no loss of eye nor loss of use of an eye, within the Work- men's Compensation Act. Frings v. Pierce-Arrow Motorcar Co. In re Etna Life Ins. Co. (N. Y.).
Disability, Further.-Section 20 as amended, requiring notice of accident within thirty days, does not apply to claims for further disability. Evidence sufficient to justify finding that claimant's further disability existed for so long a time that a claim was barred. Employee's Credit Co. et al. v. Industrial Acc. Commission et al. (Cal.)...
Disability, Further.-A "further disability" caused by employee's negligence and not happening in course of subsequent employment and not arising out of it is not compensable. Head Drilling Co. et al. v. Industrial Accident Commission et al. (Cal.)..... Disability, Further. Subsequent accident where not result of lack of ordinary care of injured employee, may be regarded as part of proximate con- sequences of original accident within the act as to compensation for "further disability." Head Drilling Co. et al. v. Industrial Accident Commission et al. (Cal.)
Disability, Further.-Section 20, as amended, requiring notice of accident within thirty days does not apply to claims for further disability. Em- ployee's Credit Co. et al. v. Industrial Acc. Commission et al. (Cal.).... 467 IN GENERAL.
Disability, In General.-Evidence sufficient to sustain finding that a slight disability consisting of a sinus and hernia were present continually from day of first operation by insurer's physicians in 1914. until second operation by them in 1916, followed by death from peritonitis. Western Indemnity Co. vs. Industrial Accident Commission of State of California (Cal.)
PARTIAL. Disability, Partial-Where employee has been paid his regular salary or other moneys, while injured and not working, such payments may be de- ducted from total award. Underhill v. Central Hospital for the Insane. (Ind.)
PERMANENT. Disability, Permanent.-Driver of bakery wagon, who accidentally slipped in getting off and fell and received spiral fracture of right tibia arising out of and in course of employment, healing of which was prolonged by reason of his pre-existing syphilitic condition, which aggravated by accident resulted in loss of sight, while he might be entitled to com- pensation for fracture was not entitled to compensation because of permanent physical disability. Borgsted v. Shults Bread Co. (N. Y.).. 666 PERMANENT PARTIAL.
Disability, Permanent Partial.-Loss by separation of part of foot, involving loss by separation of all toes of foot-period of compensation must be determined by board under the part of the act providing that in all other cases of permanent partial disability, which may impair future usefulness, compensation shall be paid when and in amount determined by board, not to exceed 55 per cent of average weekly wages for period of 200 weeks, but compensation should not be awarded for a longer period than provided in section 31, cl. "e." In re Cannon (Ind.)... Disability, Permanent Partial.-Industrial Board may award compensation for permanent partial disability in lump sum. Underhill V. Central Hospital for the Insane (Ind.)... Disability, Permanent partial.-Within discretion of board to allow a servant who lost three-fourts of use of foot not to exceed 200 weeks' compen- sation and an award of 93 weeks' compensation was not an abuse of discretion. Underhill v. Central Hospital for the Insane (Ind.).......... Disability, Permanent Partial.-Compensation for two or more permanent partial disabilities is to be awarded upon principles laid down in the case of Orlando v. Ferguson, 102 Atl. 155. D. V. G. Mfg. Co. v. Sorrentino (N. J.)... Disability, Permanent.-Where employee prematurely returned to work be- cause employer's physician so indicated, rebroke his leg on way home from work it cannot be said that the second was not a natural result of the first break. Reiss v. Northway Motor & Mfg. Co. et al. (Mich)..1008 Disability, Permanent.-Workman could have compensation for healing period preceding time when permanent disability began. Wisconsin Lakes Ice & Cartage Co. et al. v. Industrial Commission of Wisconsin et al. (Wyo.)..
PERMANENT TOTAL Disability, Permanent Total.-The Law providing special additional com- pensation for permanent disability to be paid out of special fund created by insurance carriers paying the state treasurer $100 for every case of injury causing death in which there are no person entitled to compensa- tion not unconstitutional. State Industrial Commission v. Newman et al. (N. Y.). 840
Disability, Recurring.-Evidence whether employee's disability had increased or recurred since award, so as to authorize increase of compensation is a question of fact and the board's finding thereon is conclusive on the courts. Squire-Dingee Co. v. Industrial Board of Illinois et al. (I)... 331 TEMPORARY. Disability, Temporary.-Payment of award for temporary disability and re- lease thereon were no bar to subsequent proceeding for compensation for permanent disability caused by same injury. Massachusetts Bond-
ing & Ins. Co. v. Industrial Accident Commission of California et al. (Cal.)
Disability, Temporary Total.-If two employees have suffered no injuries other than fractured sacrum and femur, resulting in each case, in temporary total disability, they would have been entitled to compensation under sections of the Workmen's Compensation Act other than 31. In re Denton -In re Good (Ind.)..... Disability, Temporary Total.-Where servant's leg was crushed and he com- pletely lost its use, he was entitled to compensation in addition to that paid for temporary total disability. Wilcox v. Clarage Foundry & Mfg. Co. et al. (Mich.) .... Disability, Temporary Total.-Workman could have compensation for healing period preceding time when permanent disability began. Wisconsin Lakes Ice & Cartage Co. et al. v. Industrial Commission of Wisconsin et al. (Wyo.)
Disability, Total.-Where servant's leg was crushed and he completely lost its use he was entitled to compensation in addition to that paid for temporary total disability. Wilcox v. Clarage Foundry & Mfg. Co. et al. (Mich.) Disability, Total.-Evidence sustained board's finding that injury resulted in loss of distal phalanx of little finger of right hand and in permanent total impairment of ring finger of right hand, that is, rendered totally and permanently useless. Kenwood Bridge Co. vs. Stanley (Ind.).. Disability, Total.-Evidence sufficient to show pile driver operator was unable to pursue same kind of employment and justified award for total disability. Jameson v. Walter S. Newhall Co. et al. (Mich.).
Disease. Evidence sufficient to sustain finding of trial court that death of employee resulted from injuries which he had sustained and not solely from disease. State ex rel. Miller vs. District Court, Hennepin County, et al. (Minn.) Disease. The act providing that "death when mentioned as basis for right to compensation means only death resulting from such injuries," proof of injury, of an operation therefor and that after apparent recovery from effects of operation and anaesthesia, the servant died from a disease existing before injury is clearly sufficient to establish death resulting from injury. Tucillo v. Ward Baking Co.-In re Ocean Accident & Guarantee Corp. (N. Y.)....
Disease.-Proof failed to support theory that hernia received by employee while lifting, or operation therefor accelerated or aggravated his cardiac condition, or that it was the direct cause of death. Tucillo v. Ward Baking Co.-In re Ocean Accident & Guarantee Corp. (N. Y.).... 439 Disease. Compensation can only be made for personal injuries or death by accident arising out of and in course of employment and unless a disease is traceable to an accident as defined in statute, the law does not award compensation. Blair v. Omaha Ice & Cold Storage Co. (Neb.).. 424 Disease.-Evidence held to justify finding that claimant's disease of the spine was result of accident. Squire-Dingee Co. v. Industrial Board of Illinois et al. (Ill.)... Disease-Arising from ordinary incidents of occupation and which may reasonably be said to be result of occupation is expressly excepted by the act. Blair v. Omaha Ice & Cold Storage Co. (Neb.).. Disease.-Driver of bakery wagon, who accidentally slipped in getting off and fell and received spiral fracture of right tibia arising out of and in course of employment, healing of which was prolonged by reason of his pre-existing syphilitic condition, which aggravated by accident resulted in loss of sight, while he might be entitled to compensation for fracture was not entitled to compensation because of permanent physical dis- ability. Borgsted v. Shults Bread Co. et al. (N. Y.).. Disease.-Evidence showed that deceased died solely of heart failure and there was no unexpected event in connection with his work. Johnson v. Mary Charlotte Mining Co. (Mich.).......... Disease. Theory that claimant's disease of diabetes resulted from injury sufficient to sustain finding. Balzer V. Saginaw Beef Co. et al. (Mich.) Disease. Evidence supported finding that plaintiff was injured by having to wade through flood water overflowed defendant's car works, an old wound of foot being thereby infected requiring amputation. Monson V. Battelle (Kan.)
Disease. Finding of Commission that cancer resulted from fall of workman supported by evidence. Santa Ana Sugar Co. of Santa Ana et al. v. Industrial Accident Commission et al. (Cal.).. Disease. As act does not provide compensation for occupational diseases, plaintiff employed as mahogany stainer, an occupation necessitating his getting his hand into the staining solution, cannot recover for infection to hand. Jerner v. Imperial Furniture Co. et al. (Mich.)...
Disease-Evidence that brickmaker, previously in good health, when at- tacked by vertigo or some similar disorder while on brick pile some 15 feet above ground fell and was injured, held to sustain commission's finding that injury was accidental. Santacroce v. Sag Harbor Brick Works. In re Travelers' Ins. Co. (N. Y.).....
Duplications.
Duplications.-Compensation
cannot be awarded under both paragraphs. Stubbs v. Industrial Board et al. (Ill.).
Election.-Refusal of arbitrator to require claimant to elect which para- graph he sought compensation under, is not erroneous, although award could be made under both paragraphs. Stubbs V. Industrial Board et al. (II.) Election.-Employees of warehouse or retail store not having elected not to be bound by act will automatically be brought within it. Freibel V. Chicago City Ry. Co. et al. (Ill.)... Election. As requested instruction by employer would, in effect, allow contributory negligence of fellow servant rule defenses, it wasa properly refused. Daly v. New Staunton Coal Co. (Ill.).. Election. There being nothing to indicate that either party gave notice of exemption from operation of act it is conclusively presumed that they accept its provisions. Hagenback et al. vs. Leppert (Ind.)... Election. Bringing of suit under Federal Employers' Liability Act which was dismissed on demurrer was not election of remedies preventing her filing claim under Workmen's Compensation Act, as doctrine of election or remedies has no application to election between suits based on different statutes. Jackson vs. Industrial Board of Illinois et al. (Ill.)........ 160 Election. Mere filing of notice of acceptance with Industrial Commissioner, was not substantial compliance without posting any notice, though the posted notice of rejection was torn down, and there was rumor or general talk amoung employees that employer had accepted statute, though injured employee could not talk or read English, so that posted notice would have been unavailing. Paucher vs. Enterprise Coal Mining Co. (Iowa.) Election.-Master who rejects Workmen's Compensation Law is presumed negligent and burden is on him. Mitchell vs. Des Moines Coal Co. (Iowa). 200 Election. Plaintiff having proved that intestate sustained fatal injury while performing duties in defendant's mine, and that latter had rejected terms of Workmen's Compensation Act, burden not only shifted to defendant to show its freedom from negligence, but proof of injury stood as sub- stantive evidence of employer's negligence. Mitchell vs. Phillips Mining Co. (Iowa.) Election.-Plaintiff, though he had not been in defendant's employ for thirty days at time of accident had not given notice that he elected not to be subject to provisions of the act-Section 3494-7 subd. 2, declares that term "employee" shall include every person in service of another under any contract of hire including minors who are legally permitted to work- minor was working under child labor permit and was subject to pro- visions of act-though plaintiff was required to run elevator, a prohibited employment, he was nevertheless subject to the act, which provides for treble the amount otherwise recoverable. Lutz vs. Wilmanns Bros. Co. (Wis.) Election. Where injured person was induced to invoke New Jersey statute, under which award was made and insurer made some payments, he was not thereby deprived of his rights under the New York law, the insurer being credited with amount paid. Gilbert vs. Des Lauriers Column Mould Co., Inc., et al. (N. Y.)... Election. Under Workmen's Compensation Act 1912, No. 10, pt. 1, section 6, subjecting employer to the provisions of the act after the approval of board of a statement by employer accepting the provisions of the act "from the date of the filing of such statement" where an employer's statement, electing to come under the act, was filed before the accident to an employee who had not elected, he was within the direct pro- visions of section 3, providing that section 1, abolishing common-law defenses, shall not apply to actions to recover damages, where the em- ployer has elected. with the approval of the board, to pay compensation under the act. Bernard v. Michigan United Traction Co. (Mich.).... 624 Election. That servant did not pay hospital to which he was taken for first two weeks, for which time he was entitled to treatment under Workmen's Compensation Act, but paid for time thereafter, is not evidence that he elected to proceed for compensation under act, where he did not refuse to pay for services. Wahlberg & Bowen et al. (Mass.). 790 Election. Where employee was discharged from work upon one building and a few days later was rehired on another building. there was a new hiring, and employer, having posted notice as to the new building, was liable only to pay compensation and not damages-actual notice of pro- visions of act on part of employee is not an acceptance of them, or agree- ment to be bound by them in advance of compliance with section 1, par. 3, cl. (c.). Curran v. Wells Bros. Co. (Ill.) 526
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