Mercury Aviation Co. v. Indus. Accident Comm'n

The award of the Industrial Accident Commission here under review is based upon the following facts: On October 9, 1919, George C. Freeman, employed by the Mercury Aviation Company as a mechanic, received an injury to his right arm while cranking an airplane motor in the course of employment. After an interval of five weeks, during which he was totally disabled, the employee resumed work with the Mercury Aviation Company, but because of his injury was unable to continue his duties as a mechanic and performed only “light work.” From the date of his injury in October, 1919, until April, 1920, when he was discharged from employment, the Mercury Aviation Company continued to pay the employee the sum of thirty-five dollars per week, which was the full amount of his actual weekly earnings at the time he was injured. After his discharge from employment the employee applied to the Industrial Accident Commission for an adjustment of his compensation claim against the employer. The commission rated his disability as eleven and one-half per cent perman ent and fixed Ms compensation at $20.83 a week for forty-six weeks, amounting to a total of $958.18. The commission allowed the employer a…

I dissent. I am not able to see why, in reason and justice, the voluntary payments by the employer to the employee on account of his injury should not be set off against the forced contribution imposed by the law on the employer for his benefit. Such kindness should rather be encouraged than discouraged.

Olney, J., concurred.