Payment of less than statutory amount as basis of release

15. Place of payment of compensation.

The place of payment of compensation is at the place where the person entitled to receive payments resides. The payee must endorse the voucher and sign the receipts attached before the same can be cashed, and the genuineness of such signatures is in most cases guaranteed by local banks and business men through whose hands the vouchers pass. Ruling of Mich. Indus. Acc. Bd., January, 1913.

A few of the statutes have specific provisions on this subject.

16. State institution; compensation payments part of current expenses.

Where an employé of a State institution is injured in the course of his duties his claim for damages must be paid out of the funds of the Institution by which he is employed, and such disbursement should be included as part of the current expenses of the maintenance of such Institution. Opinion of Attorney General of Michigan, on the application of the Board of State Auditors, in re Michigan School for the Blind, January 22, 1913.

17. Payment of less than statutory amount as basis of release.

The ends of two fingers of a workman had been removed and compensation was paid for a certain length of time, after which the insurance company took a general release from the workman who was a foreigner and did not understand the English language although he could write his name and did sign the general release. It appeared that the workman was entitled to greater benefits under the provisions for specific amounts in case of permanent partial disability. It was held that the release had been secured without the workman understanding that it was a release, and therefore was not binding on him, but the court did not determine the question of whether or not the release would have been good

Incapacity to do regular work

had there been no fraud or misunderstanding. Pabisiz v. Newark Spring Mattress Co., Essex Common Pleas, Feb. 1913; 36 N. J. Law. J. 114.

18. Divorced man paying alimony is "single" for compensation purposes.

A divorced man paying alimony is construed to be a single man and entitled to benefits as such. First Annual Report Washington Industrial Commission, page 487, based on Ruling of Atty. Gen'l of Washington, May 16, 1912.

ARTICLE B-PERMANENT TOTAL DISABILITY

1. Total incapacity; refusal of former employers to supply work to injured employé.

A workman with an injury to his knee recovered sufficiently to be able to resume work, but his knee was liable to break down at any time, and did in fact break down. After a considerable time, during which he did not receive compensation, he took proceedings, and the County Court judge, on the assumption that his former employers were going to find him work, awarded one penny per week. The former employers refused to find him work and he was unable to obtain any from anyone else owing to his having had an accident, and to the chance of his breaking down. It was held that he was entitled to full compensation. Thomas v. Fairbairn, Lawson & Co. (1911), 4 B. W. C. C. 195.

2. Incapacity to do regular work.

The claim of a seaman for compensation was referred to a medical referee for report. He certified that the man was fit for light work if he wore a truss, but not fit for work as a seaman, or for lifting. On this certificate the County Court judge awarded compensation on the basis of total incapacity, and this decision was affirmed by the Court of Appeal. Hendricksen v. Owners of Steamship "Swanhilda" (1911), 4 B. W. C. C. 233.

Injuries amounting to permanent total disability

An engine driver in a colliery met with an accident which caused the first finger of his left hand to become permanently stiff. He was paid compensation during the total incapacity. Payment was stopped and he brought proceedings resulting in an award of 7s. 6d. a week on the ground that although his former employment was too dangerous for him to resume, he could do some light work. He tried to obtain light work but failed, and applied to have his compensation increased. Compensation was awarded at the rate of £1 a week. His employers then offered him different work but at his old wages. The workman refused this unless the employers would guarantee him his old wages for whatever work they might put him to. They refused to do this and applied to have the payments terminated on the ground that the man could do his full old work. It was held that the man could do his old work but that it would be dangerous for him to do it and that it was not suitable employment. The court refused to reduce the compensation. Dinnington Main Coal Co. v. Bruins (1912), 5 B. W. C. C. 367.

A workman lost two fingers of the right hand while unloading a vessel and claimed compensation for permanent disability. The evidence showed that no permanent disability as a common laborer could result from the injury and the employer was directed to pay the medical expenses and $7.50 a week for 18 weeks, making $135 in all. Carl Wilken v. Superior Stevedore Co., Wis. Indus. Com.

3. Injuries amounting to permanent total disability.

The applicant was a domestic in an insane asylum. While operating an electric power-driven clothes wringer, her hand was caught in the machinery and the arm was broken between the elbow and shoulder, the muscles lacerated and the nerves severed. The arm was left in a stiff condition so that it would not flex more than twenty per cent. She had wrist drop because the nerves controlling the extensor

Waiting period not deducted from specific indemnities

muscles were severed. At the time of the injury she was earning $18 a month and board, which was less than $375, the minimum considered under the law. The employer had paid $104 as compensation up to the time of the hearing. An award was made that the sum of $1396 be paid in weekly instalments of $4.69. Julia McGill v. Dunn County, Wis. Indus. Com., Oct. 4, 1912.

The applicant received injuries which resulted in the amputation of his left leg above the knee and the little finger of his left hand, while the second and third fingers of the left hand were left stiffened. He had been in the employ of the respondent for twelve months and during that time had earned $468. The award, on stipulation was that $400 be paid within ten days, for the purpose of permitting the workman to purchase an artificial leg and that the sum of $5.85 per week be paid until the sum of $1787.73 was paid in all. Nic Oklobezcka v. Northwestern Iron Co., Wis. Indus. Com., Dec. 19, 1912.

ARTICLE C-PERMANENT PARTIAL DISABILITY

1. Minimum amount payable in all cases of specific indemnity.

The minimum amount payable under the New Jersey Act is $5 a week in all cases. Therefore, where a workman lost one phalange of a finger and the Act provided that the amount payable for such a loss should be one-half of the amount payable for a finger, the minimum compensation should be $5 a week. Banistar v. Kriger, 36 N. J. Law J., 307; 00 N. J. Law, 000; 85 Atl. Rep. 1027.

2. Under schedule for specific indemnities two weeks waiting period should not be deducted.

Under the schedule allowing specific indemnities for certain losses, the first two weeks for which no compensation is allowed except for medical attention should not be deducted from the total number of specific weeks for which compensa

Consecutive and not concurrent payment

tion is allowed. Banistar v. Kriger, 36 N. J. Law J., 307; 00 N. J. Law 000; 85 Atl. Rep. 1027.

3. Consecutive and not concurrent payment for temporary disability and specific indemnity.

Where a teamster, by reason of the sudden starting of a team, suffered a Pott's fracture of the ankle and it appeared that there would be permanent partial disability, it was held that he was entitled to compensation for the temporary disability for the period of 76 weeks and further compensation for 25 weeks by reason of partial permanent disability. Loughman v. Home Brewing Co., Essex Common Pleas, , 1913; 36 N. J. Law J. 113.

An employé had his fingers smashed and some of them were amputated. The injuries produced a temporary disability, partly due to an infection preventing his going to work, and it was held under the New Jersey Act, that compensation was properly allowed both under clause (a) concerning temporary disability and clause (c) providing for specific amounts in case of permanent partial disability, even though damages would exceed the maximum recoverable under clause (b) of paragraph 11 of § 2 of the Act. Nitram Co. v. Creagh, 00 N. J. Law, 000; 80 Atl. Rep. 435. (Creagh v. Nitram Co., Essex Common Pleas, Sept. 27, 35 N. J. Law J. 328.)

1912,

Where a workman receives a specific injury, such as the loss of a foot, entitling him to compensation for 125 weeks and also other injuries, he is entitled to compensation during the time of total disability, and when the total disa bility ceases to compensation for 125 weeks as a specific inder nnity for the loss of a foot. Limron v. Peremarquette R. Co., Mich. Indus. Acc. Bd., July, 1913.

Where an employé lost a leg by reason of an accidental injury it was held that he was entitled to compensation for the time he was actually disabled and also to the specific indemnity for 175 weeks provided for in the statute.