Baltimore Pub. Co. v. Hendricks

• Decision Date: 21 November 1928
• Docket Number: No. 26.,26.
• Citation: 143 A. 654
• Parties: BALTIMORE PUB. CO. et al. v. HENDRICKS.
• Court: Maryland Court of Appeals

143 A. 654

BALTIMORE PUB. CO. et al.
v.
HENDRICKS.

No. 26.

Court of Appeals of Maryland.

Nov. 21, 1928.

Appeal from Baltimore City Court; H. Arthur Stump, Judge.

Proceeding under the Workmen's Compensation Act by Maurice W. Hendricks, claimant, for injuries, opposed by the Baltimore Publishing Company, employer, and the Maryland Casualty Company, insurer. From an award of the Industrial Accident Commission, the employer and insurer appealed to the Baltimore city court, and from the judgment the employer and insurer appeal. Affirmed.

Argued before BOND, C. J., and PATTISON, URNER, ADKINS, OFFUTT, DIGGES, and SLOAN, JJ.

G. Randolph Aiken, of Baltimore (Austin J. Lilly and Clapham Murray, Jr., both of Baltimore, on the brief), for appellants.

Leon H. A. Pierson, of Baltimore (Richard E. Preece, of Baltimore, on the brief), for appellee.

ADKINS, J. Maurice W. Hendricks, the appellee, an employe of the Baltimore Publishing Company, one of the appellants, was on April 16, 1926, struck on the head by a stone; the accident arising out of and in the course of his employment as a substation manager. The other appellant, the Maryland Casualty Company, was the insurer. At the time of the accident Hendricks was 16 years of age, and his salary with commissions averaged $12 per week. He was totally disabled for work for six or seven months and was awarded by the Industrial Accident Commission on May 14, 1926, $8 a week during the continuance of his total disability, which was paid by appellants for a period of 23 2/3 weeks, terminating the 1st day of October, 1926. On September 9, 1926, Hendricks filed a second application for compensation, being for permanent partial disability resulting from loss of hearing of his right ear caused by said accident, and was awarded compensation for total loss of hearing in one ear at the rate of $S per week for 50 weeks, being the full schedule allowance for that specific injury, payment of said compensation to begin as of October 2, 1926, at the termination of the award for temporary total disability. Compensation under the second

143 A. 655

award was paid by appellants. On or about October 1, 1926, Hendricks returned to work with the Baltimore Publishing Company in his former position, and regularly earned from $14 to $16 per week in salary and commissions, without losing any time until December, 1927, at which time he was laid off because of a change in management, and not because of any disability on his part in or for the performance of his work. On November 1...