Vol. 15] State Industrial Commission In the Matter of the Claim of JOHN C. DUTCHER, for Compensation under the Workmen's Compensation Law, against AMERICAN EXPRESS COMPANY, Employer and Self-Insurer File No. 4088 (Decided January 30, 1918) Injuries sustained by John C. Dutcher, while employed as a helper in the operation of an electric express truck by the American Express Company. On December 8, 1916, John C. Dutcher, while employed as a helper in operating an electric truck, by the American Express Company, at the Union station in Albany, N. Y., was injured by a yard engine which backed up, striking the motor truck. The injuries necessitated the amputation of the four fingers of his left hand and resulted in the disabling of the thumb. By reason of these injuries there is a permanent loss of the use of the hand. His average weekly wage was the sum of fifteen dollars. An award was made. This claim came on for hearing before the State Industrial Commission at its office at Albany, N. Y., on February 7, 1917, when an award was made of 5 weeks' compensation for temporary total disability from December 22, 1916, to January 26, 1917. On March 7, 1917, another award was made of 116 weeks for temporary total disability from January 26, 1917, to March 9, 1917. This case then came before the Commission on May 9, 1917, at which time the award of March 7, 1917, was rescinded and an award made for the equivalent loss of use of the right hand. Thereafter this claim came on for hearing on August 2, 1917, on August 17, 1917, and on October 1, 1917, at New York city; and on October 17, 1917, January 15, 1918, January 28, 1918, and January 30, 1918, at Albany, N. Y., on which latter date. the award as made for the equivalent loss of use of the right hand was affirmed. Robert W. Bonynge, counsel to State Industrial Commission. State Industrial Commission [Vol. 15] Visscher, Whalen & Austin, attorneys for employer and selfinsurer. A. Page Smith, attorney for claimant. BY THE COMMISSION.-All the evidence submitted before the Commission having been heard and duly considered, the Commission makes its conclusions of fact, ruling of law and award as follows: On December 8, 1916, the day when John C. Dutcher received his injuries, he resided at No. 77 Dove street, Albany, N. Y., and was employed as a helper in the operation of an electrically propelled express truck by American Express Company, engaged at the Union station in Albany, N. Y., in the operation, otherwise than on tracks, streets, highways or elsewhere, of trucks propelled by electricity. On said date while John C. Dutcher was working for his employer at said Union station, and while engaged in the operation of an electrically propelled motor truck, a yard engine, which had been standing near by, backed up, striking the motor truck, causing John C. Dutcher to sustain certain injuries which, in addition to disabling him from the date of said accident to April 7, 1917, resulted in the amputation of all four fingers of his right hand, up to and including the greater portion of their proximal phalanges, leaving a stump with no ends of the fingers or separations between ends protruding over the stump. The thumb of the right hand sustained a fracture of the terminal phalanx which will result in some thickening due to the growth of callous. Also as a result of said accident, the muscles and tendons of the right thumb are somewhat shortened and have grown smaller, and there is a lack of full use of the thumb and inability to bring the thumb in conjunction with the palm of the hand, and the prehensile function of the hand is lost. By reason of the foregoing, there is a permanent loss of use of the right hand, considered as the equivalent loss of such hand. The average weekly wage of John C. Dutcher was the sum of fifteen dollars. Due notice of the accident was given to the employer. [Vol. 15] State Industrial Commission Award of compensation is hereby made against American Express Company, employer and self-insurer, to John C. Dutcher, injured employee, at the rate of ten dollars weekly for a period of 244 weeks for the equivalent loss of the right hand. In the Matter of the Claim of MARGARET DALY, for Compensation under the Workmen's Compensation Law, against J. & J. G. WALLACH, Employers; ZURICH GENERAL ACCIDENT AND LIABILITY INSURANCE COMPANY, LTD., Insurance Carrier Case No. 47450 (Decided February 4, 1918) Injuries sustained by Margaret Daly while employed as an ironer by J. & J. G. Wallach in the city of New York. On August 21, 1917, Margaret Daly, while employed as an ironer by J. & J. G. Wallach, engaged in the operation of a power laundry in the city of Nw York, fainted and fell and her right hand came in contact with an iron heater, resulting in burns of the fingers of that hand, disabling her for work from that date to December 29, 1917. Her average weekly wage was the sum of seven dollars and sixty-seven cents. An award was made. This claim came on for hearing on November 30, 1917, at which time an award of compensation was made for fourteen and two-thirds weeks covering the period from August 21, 1917, to December 1, 1917. A notice of appeal was served from said award. Thereafter this claim came on for hearing on January 21, 1918, and February 4, 1918, on which latter date the award made on November 30, 1917, was affirmed and an award made for the period from December 1, 1917, to December 29, 1917. Robert W. Bonynge, counsel to State Industrial Commission. Alfred W. Andrews, attorney for employer and insurance carrier. Claimant, in person. State Industrial Commission [Vol. 15] BY THE COMMISSION.- All the evidence submitted before the Commission having been heard and duly considered, the Commission makes its conclusions of fact, ruling of law, award and decision as follows: On August 21, 1917, the day when Margaret Daly received her injuries, she resided at No. 249 East Seventy-seventh street, New York city, and was employed by J. & J. G. Wallach of No. 330 East Fifty-ninth street, New York city, engaged in the operation of a power laundry with a plant or place of business located at Nos. 330-332 East Fifty-ninth street. Margaret Daly was employed as an ironer in the family clothes department. On said date Margaret Daly was working for her employers at her employers' plant, and while engaged in the regular course of her employment she fainted and fell and her right hand came in contact with an iron heater and she sustained burns of four of the fingers of said hand, which injuries disabled her from the date of said accident to December 29, 1917. The average weekly wage of Margaret Daly was the sum of seven dollars and sixty-seven cents. It does not appear whether written notice of injury was given to the employer within ten days after disability, but the employers were aware of the accident at the time of the happening and provided medical attention immediately. Therefore, neither the employer nor insurance carrier was prejudiced by such failure, if any. Award of compensation is hereby made against J. & J. G. Wallach, employers, and Zurich General Accident and Liability Insurance Company, Ltd., insurance carrier, to Margaret Daly, injured employee, at the rate of five dollars and eleven cents per week, for fourteen and two-thirds weeks, covering the period from August 21, 1917, to December 1, 1917; and a further award of four weeks' compensation covering the period from December 1, 1917, to December 29, 1917. The failure, if any, of Margaret Daly to give written notice of injury to her employers within ten days after disability is hereby excused on the ground that neither the employers nor insurance carrier was prejudiced by such failure, if any. [Vol. 15] State Industrial Commission In the Matter of the Claim of FRANK TWONKO, for Compensation under the Workmen's Compensation Law, against ROME BRASS AND COPPER COMPANY, Employer; AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, Insurance Carrier Claim No. 35302 (Decided February 5, 1918) Application by the American Mutual Liability Insurance Company for a rehearing. the On January 11, 1918, an application was made for an order granting a rehearing of the case and for the vacating of the award therein. On December 22, 1917, at Syracuse, N. Y., a similar application had been made which was denied. On the second application the question was raised that the claimant having died the record on an appeal to the Appellate Division should no longer indicate the claimant to be alive. The death of claimant makes some difference as to the amount of the award. Upon the questions raised recommended that the application be denied on the ground that it is clearly frivolous. LYNCH, Commissioner.—At a hearing held January 11, 1918, papers in this case were referred to me for review and recommendation. At said hearing an application was made for an order granting a rehearing and vacating the award herein. The insurance carrier making this application made a similar application before me on December 22, 1917, at Syracuse, which application was denied. The attorney for the insurance carrier distinguishes this second application from the application heard at Syracuse on the ground that the claimant herein is now dead and that the insurance carrier is unwilling to have the case passed upon in the Appellate Division with the record indicating the claimant to be alive. The attorney also states that unless the record on appeal shows that the claimant is now dead, the appellant would be unable to raise the point that the award would lapse upon the claimant's death. The award in question covered the period from August 4, 1914, to August 21, 1917, or a period of over three years. The claim |