Workmen's Compensation Act, Amount of compensation.
In a proceeding under the workmen's compensation act, it appeared that the employee for several years before March, 1917, had been employed as the janitor of a building; that then he left that employment and went to work for a shipbuilding corporation; that his wife was employed in his stead to do a substantial part of the work which he previously had done as janitor and received stated weekly wages therefor; that for a time the employee, at the suggestion of his former employer, while still working for the shipbuilding corporation, occasionally assisted his wife, for which he received no compensation; that in April, 1917, he was engaged by his former employer to wax the floors of the building at regular intervals, for which he received $1 every two weeks, and that, in December, 1917, while so engaged, he received injuries which resulted fatally. Held, that his employment was not as janitor but solely for waxing floors, and that the compensation to be paid to his dependent should be computed on the basis that his average weekly wage was fifty cents.
RUGG, C. J.
The deceased, Clarence J. Marvin, had been employed as a janitor by one Kincaide for several years prior to March 3, 1917, when he left and went to work for the Fore River Shipbuilding Corporation, where he was employed continuously until his injury. Later, the wife of the deceased was engaged to do a substantial part of the janitor work previously performed by her husband. She received a stated weekly compensation therefor. Her husband, at the suggestion of Kincaide, occasionally assisted her or worked in her stead when she was tired, for which he received no compensation. In April, 1917, the deceased was engaged by Kincaide regularly to wax the floor, for which he was paid $1 every two weeks. He received mortal injuries on December 9, 1917, in the course of and arising out of that employment.
These circumstances do not warrant a finding that the deceased was employed as janitor. His only employment by Kincaide was in waxing the floor at a specified price. The finding of the single member was right in this particular.
The case is governed by King's Case, ante, 137. According to the controlling principles there set forth, the ruling of the single member that the average weekly wage was fifty cents and that the weekly compensation should be $4 was correct. The decree is to be reversed and a new decree entered in conformity hereto.
So ordered.