RAILWAY ACCIDENTS

'Common carriers engaged in interstate commerce do not come under the control of the state compensation laws. The government controls all matters pertaining to compensation. However, as an item of interest the number of accidents and fatalities of the various railroads in Nebraska for the year 1917 are given. In the table the other items giving the number of employees and wages are for the entire systems.

ᏢᎪᎡᎢ Ꮩ

Synopsis of Compensation Cases Heard Before the Chief Deputy Compensation Commissioner

There was a man who'd worked with gas

For years and years and years,

And by and by it came to pass

He hadn't any fears.

One day he found a leaking joint-
He used a match to find it.

He also found that leaking gas

Has lots of force behind it.

It blew him through the cellar door,
He traveled like an arrow;
And crashed against the garden fence,
Which jarred him to the marrow.

They picked him up; all sick and sore,
And speechless with amazement

He couldn't figure out at all

Just how he left the basement.

But when they'd stowed him safe in bed
And bound by all his scratches,

It dawned on him the thing at fault
Was his foolish use of matches.

So now with tied-up, busted face,

Burned, cut and parched with thirst,

He sobs, "B'gosh, when I get well,

I'll sure Be Careful First."

-R. N. Predmore.

DECISIONS OF COMMISSIONER

Appended hereto are the decisions of the Compensation Commissioner from July 24, 1917, to December 1, 1918. These decisions are not decisions of points of law, but they are simply to determine whether or not claimants under the statutes of Nebraska for compensation are entitled to it.

A brief summary of each case is given together with the award and notation of appeal and decision of court to which appeal was made. Where no decision is given the case has not yet been settled or decision not known.

Each city where hearings are held constitutes a separate Docket. Following is a list of the dockets:

Docket No. 1, Claim No. 1. In the Matter of Almira Dawson, Plaintiff, vs. The F. P. Gould and Sons Construction Company, Defendants, and the Aetna Life Insurance Company, Respondents.

J. C. Dawson, husband of Almira Dawson, plaintiff, was engaged as night watchman for the F. P. Gould and Sons Construction Company in the buildings of Armour and Company, South Omaha. Said company was repairing said buildings. Mr. Dawson, while on duty, was injured by falling into a defective and unlighted cellar way. Death took place a few months later as a result of the injury sustained by the fall. Compensation was awarded the widow, Almira Dawson, as follows: $7.00 per week not to exceed 350 weeks and $100.00 for funeral expenses. Defendant appealed the case to the District Court, which sustained the decision of the Commissioner. Said defendant settled the claim by paying $100.00 for funeral expenses and $1,800.00 in a lump sum.

Docket No. 1, Claim No. 2. In the Matter of Arthur Bleich, Plaintiff, vs. Guy L. Smith, Defendant, and London Guarantee & Accident Company, Respondent.

Arthur Bleich, employed by Guy L. Smith as assistant garage man, was injured while on regular duty. Bleich took a car on the elevator to the basement. As he was about to run the auto off from the elevator, it suddenly started upward. Bleich received a badly lacerated shoulder and head, numerous bruises and a severe shock. The Commissioner gave award as follows: The defendant to pay the sum of $5.00 per week for

partial disability for a period not to exceed 300 weeks, and a further sum of $20.00 for Doctor bills. Smith appealed the case to the District Court, which gave award as follows: Defendant to pay the sum of $2.00 per week for a period not to exceed 300 weeks. On agreement the amount was paid in a lump sum.

Docket No. 1, Claim No. 3. In the Matter of Hazel Adams, Plaintiff, vs. The City of Omaha, Defendant, and The City of Omaha, Respondent.

John Q. Adams, husband of Hazel Adams, was employed as a fireman by the City of Omaha. He was killed while in the regular performance of his duties in trying to put out a fire at the Morris Packing Company plant. The City of Omaha asks that the petition for compensation be set aside, or if awarded that said compensation shall be credited to the City of Omaha in lieu of the fact that the said Hazel Adams was drawing a pension from the said City of Omaha.

Later case was dismissed by request of the plaintiff.

Docket No. 1, Claim No. 4. In the Matter of Alfred Pettie, Plaintiff, vs. The Union Pacific Railroad Company, Defendant, and The Union Pacific, Respondent.

Claimant was a hosefitter helper in the Union Pacific shops at Omaha. At the time of injury claimant was bolting clamps onto air hose, and lost the sight of an eye. Commissioner dismissed the case on the grounds that as the defendant as engaged in interstate traffic it does not come within his jurisdiction.

Docket No. 1, Claim No. 5. In the Matter of Gabriol Zozula, Plaintiff, vs. A. B. Alpirn, Defendant, and Martin Brothers Insurance Company, Respondents.

Gabriol Zozula, an employee of A. B. Alpirn, engaged in the business of buying and selling junk, was injured while working for the said A. B. Alpirn. Defendant had paid Zozula a compensation of $7.78 per week. Plaintiff claims $8.50 per week under the compensation law of the state. Award was given by the Commissioner as follows: Defendant shall pay plaintiff the sum of $8.50 per week during the period of total disability, not to exceed 300 weeks. Settlement was made in lump sum of $687.56 paid, and medical bill of $147.45 allowed.

Docket No. 1, Claim No. 6. In the Matter of Gust Carlson, Plaintiff, vs. American Smelting & Refining Company, Defendant, and the American Smelting & Refining Company, Respondents.

Gust Carlson, regularly employed by the above company, lost a part of his foot while oiling machinery in the plant of said company. Commissioner made award as follows: Said company to pay the sum of $10.00 per week for a period of 150 weeks.

On approval of District Court a lump sum settlement was made for $931.55.

Docket No. 1, Claim No. 7. In the Matter of William Renner, Plaintiff, vs. Burrell Engineering and Construction Company, Defendant, and the London Guarantee & Accident Company, Respondent. Claimant was injured by a jack handle striking him in the eye. In a short time said claimant returned to work, and the company paid compensation for the time he was laid up. Claim was made for further compensation because of alleged permanent disability of said eye. The defendant refused payment, alleging that said eye could be restored by an operation. The Commissioner made a conditional award as follows: That if claimant would submit to an operation, defendant should pay for same and $12.00 per week for six months. At the end of this time if said eye is not restored the defendant shall pay claimant $12.00 per week until $1,380.00, exclusive of surgeons fees and hospital fees, shall have been paid.

Appealed to District Court which approved a lump sum settlement of $300.00.

Docket No. 1, Claim No. 8. In the Matter of Matt Forturn, Plaintiff, vs. Wertheimer & Degan, Defendants, and Wertheimer & Degan, Respondents.

Matt Forturn, regularly employed by Wertheimer & Degan, live stock merchants of Omaha, was ruptured while feeding cattle in the barns of this firm. The defendants paid $35.00 of a $60.00 doctor bill and $72.00 compensation, but refused to pay more on the grounds that plaintiff was cured. Case was settled before coming to trial by defendants paying to plaintiff the sum of $250 in addition to amounts already paid. This settlement was approved by the Commissioner. Docket No. 1, Claim No. 9. In the Matter of J .W. Mathiesen, Plaintiff, vs. The Sanitary Wet Wash Laundry Company, Defendant, and Ocean Accident & Guarantee Corp., Ltd., Respondents.

Claimant was employed by the Wet Wash Laundry Company as an engineer, and machine repairer. While repairing some machinery Mathiesen fell off a laundry tub, breaking one of his ribs. The Commissioner awarded compensation amounting to $100.00 and shall thereafter pay him the sum of $10.00 per week until his disability is removed not to exceed 290 weeks.

The case was appealed to the District Court by the defendant, but settled before coming to trial, by claimant agreeing to accept $100.00.

Docket No. 1,Claim No. 10. In the Matter of John Delay, Claimant, vs. J. C. Mardis & Company, Employer, and the Love-Haskell Company, Insurer, Respondents.

The employee was engaged by J. C. Mardis & Company as a day laborer. At the time of his injury he was engaged in helping unload