Attending physician's report. ATTENDING PHYSICIAN'S REPORT. State Workmen's Compensation Commission Bureau of Claims. 25 Claim No. 62586. ATTENDING PHYSICIAN'S REPORT. All questions in this blank should be answered, and the report should contain an account of all injuries, no matter how trivial. Fill out blank in ink, using pen or typewriter, and mail promptly to the Commission at its New York City Office. 1. Name of injured person, James Woodward. Address, 112 Moeller St. 2. Date of accident, Feb. 2", 1915, at 10 A. M. Was first treatment rendered by you? Yes. 3. If not, by whom?...... Address.. 4. If an assistant, consultant or anaesthetist was necessary, give name and address, Dr. J. J. Kane. 5. Who furnished necessary medical supplies ? Binghamton City Hospital. Was a nurse ordered by you? Yes. 6. Name of nurse, regular hospital nurse in ward. Address, Binghamton City Hospital. 7. Was injured person removed to hospital? Yes. Name of hospital, Binghamton City H. Address, Mitchell Ave. 8. Give an accurate description of the nature and extent of the injury. Fracture of the neck of femur of left hip. 27 Attending physician's report. 29 9. Describe the treatment. Reduction and plaster paris cast. 10. Are the symptoms from which he is suffering a due entirely to this injury? Yes. 11. Is he able to attend to any part of present or any other occupation ? No. 12. Has the injury resulted in a permanent disability? Yes. If so, what? A possible shortage of leg. (Permanent disability, such as loss of whole or parts of fingers, etc., must be accurately marked on diagram.) 13. Has previous sickness or injury contributed to his disability? No. If so, to what extent?... 14. Is there evidence of syphillis ? No. Tubercular infection ? No. Alcoholism? No. Any infectious disease? No. Occupational disease? No. Neurasthenia? No. Hypochondriasis ? No. Hysteria? No. Exaggeration? No. Is there evidence of malingering? No. 15. For what period, from the date of accident, is disability likely to exist ? 12 weeks -days. 16. State, in patient's own words, how accident occurred. A kicking mule tipped the wagon over and I was thrown on frozen ground. 17. Remarks L. H. QUACKENBUSH, M. D., Attending Physician, 128 Main St., Binghamton, N. Y. Graduate of University Med. Dept. N. Y. C., year Date, Feb. 18, 1915. 30 Minutes of a public hearing held at Albany, March 10, 1915. Minutes of hearing held at Albany, May 24, 1915. 31 MINUTES OF A PUBLIC HEARING HELD AT ALBANY, MARCH 10, 1915. Resolved, That Claim No. 62586, James C. Woodward, be referred to the Bureau of Claims, as information has been submitted that claimant has been settling with a third party at an amount less than the compensation would have been. MINUTES OF HEARING HELD AT ALBANY, MAY 24, 1915. 32 62586—James C. Woodward. Carrier :That case came up some time ago and I objected to compensation on the ground that the man had signed a release from a third party and had accepted payment for damages he sustained. Accident happened in Binghamton. He was a driver of a wagon drawn by a mule, and while crossing street car tracks one of the trolley cars struck the wagon, throwing and injuring him. He signed a release and accepted payment from the railroad company without any knowledge on our part. Secretary: The facts in the case show he signed a release to the Binghamton Railroad Co., exonerating them as they were not to blame for the accident. Carrier: He has jeopardized our rights under the law, as I don't believe he has a right to sign a release freeing the railroad company. If we pay compensation we are subrogated to his rights. He has lost his rights without our consent. 33 Minutes of a public hearing held at Albany, June 28, 1915. 34 Secretary: As far as our records show, the claimant has elected to take compensation, for he signed our form C-3. He has not filed with us an election to sue a third party. Carrier: Whether he has filed that form, he has elected to sue. Secretary: How can this release be any good if it is not filed with the consent of the parties, according to law? The man can either receive compensation or settle with a third party. He has received nothing and has no suit, according to his own statement. Commission. Case referred to counsel, carrier to submit his objections in writing. 35 MINUTES OF A PUBLIC HEARING HELD AT ALBANY, JUNE 28, 1915. 36 62586—James C. Woodward. Carrier: This case was up some time in May and I understood our Mr. Campion filed objections and case was referred to counsel. Secretary: Referred to counsel May 5th. We have his opinion in which he recommends an award in this case. Mr. Tierney: On recommendation of counsel, , award made as recommended of 10 weeks, $76.90, cont. Carrier: I wish to take exception to the award Carrier's objections to proposed award. and will file notice of appeal, basing my objection on the objections filed by Mr. Campion on *April 26th.” *Note—Through clerical error date reads April 26th; correct date is May 26th. CARRIER'S TO PROPOSED OBJECTIONS AWARD E. W. Conklin & Son In re Jas. C. Woodward. Claim No. 62586. 38 Our objections to the purposed award in the above case are as follows: This claimant was injured on February 2nd, 1915, in the City of Binghamton, N. Y. His occupation was that of a mule caretaker and driver. On the above date, it appears, that the injured was driving one mule and a single delivery wagon; that in crossing the street car tracks in the City of Binghamton a street car owned and operated by the Electric Railway Company collided with the wagon on which the claimant was riding, throwing claimant to the pavement and resulting in injury complained of. Subsequent to the time of the accident this claimant signed a statement or release, exonerating and releasing the Street Car Company of and from any blame or liability. This action was taken by the claimant prior to the signing of his election to take compensation, and we therefore contend that by his own action he has defeated the right of the Carrier, who is liable to pay compensation to recover against the third 39 |