Salt Lake Telegram | 1922-07-02 | Page 8 | Compensation Must be Paid

COMPENSATION 1ST BE PI Decision Is Rendered in Gibbons Case Th Utah Rapid Transit company or tha London Guarantee and Accident Acci-dent company wa directed on Saturday Satur-day to pay to E E. Olbbona compensation compen-sation for total disability beginning on February 20, 1120, and ending Jun 20, 1121, and beginning July 1, 1121, com-peneatlon com-peneatlon ahould b) puld for a period of 106 week, representing loss of function func-tion to the left leg at ta knee In th sum of $11 per week, all accrued payment pay-ment to dat to be paid in lump sum and thereafter Installment vry two wreke. This decision of th Industrial eommlaalon eom-mlaalon Is on a reheating of th r-s.ee asked for by th J tan Rapid Tranalt company and tb I am don Guarantee company.. . Gibbon w Injured on February If. 1120. For eight months th Rapid Tranalt company paid him at tha rata of $14 per week, the highest rat allowed al-lowed under tha Induetrtal act. although al-though ho made no application to th Industrial commission for compenaa- tlon. Then a misunderstanding occurred btwn Olbbona and th Transit company respecting tha character of tho receipt he should alrn and th matter not belnc adjusted, application applica-tion was mad to th Induatrial eommlaalon eom-mlaalon to determtn the question of whether Gibbons was required to receive re-ceive compensation under the Induatrial Indua-trial act or whether b could proceed under th federal employers' liability act aalnst th Utah -Idaho Central company, for whom h was also working work-ing when tha accident occurred. Hearlnff waa had by th Industrial commission, which found that Gibbons i waa exclusively encased In Interstate commerce, bene It was declared th: commission waa without Jurisdiction In the premises. Then th Tranalt company and Its Ini-ajf-a-nc carrier applled to tha supreme court for a writ of review directed to the Induatrial Indua-trial commission whtut writ waa duly Issued, and In lcmber. 1921. th court handed down a decision written by Justice J. K. fYick In which It was set forth "In our Judgment, under the undisputed facta, this case comes squarely within th Jurisdiction of the oommlasion and therefore Its decision ta contrary both to tho facta and ths law. The decision of tha commission commis-sion la therefor aet asld and annulled an-nulled and the case remanded to th commission with directions to take Jurisdiction of tha case and proceed with It in accordanc with th law and views herein expressed. L'ndr tho decision of th supreme court, a modified decision was made by tha oommlasion on December 27. 121. On March 2, 1922. th Utah Rapid Tranalt company and Ita Insurance Insur-ance carrier petitioner the eommlaalon to determine the disability sustained by Gibbons to his left leg; aa the result re-sult of injury sustained by blra on February 17. 1930. Tha decision on I Saturday followed.