Minutes of Hearing, April 8, 1921. 280 Q. And that's the only time you ever went down to the river with him? A. Only once. Q. Or with anybody else? A. I was with nobody else, never there but once. Deputy Com. Boyle-Adjourned for special hearing at Albany on April 8, 1921. MINUTES OF HEARING APRIL 8, 1921. STATE INDUSTRIAL COMMISSION. Bureau of Workmen's Compensation. No. 14985. 281 Jacob Olas—Claimant. Minutes of hearing held at Room 518, the Capitol, Albany, N. Y., on April 8, 1921, before Deputy Commissioner James P. Boyle. Appearances: Mr. Maynard, of Naylon, Robinson & Maynard, Schenectady, N. Y., represented carrier. DR. ARTHUR J. BEDELL, Albany, N. Y., being duly sworn, testified as follows: 282 By Mr. Maynard: Q. Dr. Bedell you examined Jacob Olas, the claimant in this case, at the request of the American Locomotive Company, a few days ago ? A. On the 31st of March. Minutes of Hearing, April 8, 1921. Q. And state to the Commissioner what the examination showed and your conclusions therefrom? A. The right eye, pupil four millimeters, irregular, active 233 media clear; disc clear with a small central excavation, a normally pigmented retina; under rays of opthalmoscope no change in the color or nerve. The same applies for the left eye. The patient claimed that he could not see any letters. He was put under homatropin drops, his total refraction was found to be in the right eye plus 75 combined with plus 50, axis 90. The left eye plus 75 combined with plus 25, axis 90. Although the patient claimed that he could not see any large objects he could even when under the influence of the drops focus on the five millimeter square which was one meter from him. The patient further made no attempt to even look, with this one exception noted above, toward the one 284 talking with him and gave all evidence of being a malingerer. This diagnosis of malingering is absolutely borne out by the negative findings of the eyes, for he showed no corneal scars, no contractural burns, no lens change and no fundus change. Q. Assuming Doctor that there is a loss of vision, would you be able to state the cause thereof? A. I could positively answer by saying that it is not the result of an accident and would suggest as the only way of clearing and proving this malingering is a neurological examination. The fact that his blood was negative, which fact I verified by having taken again, does not have any bearing on the negative fundus. 285 Q. Then Doctor you think a neurologist would be able to give us some light in this matter? A. I believe that a neurologist could bring our further evidence of his malingering Minutes of Hearing, April 8, 1921. 286 Mr. Maynard—Now, Commissioner, we would like to have him examined by a neurologist this afternoon. Mr. Boyle—I will permit him to be examined by Dr. Archambeault. I think we can stipulate that the report of examination of Dr. Archambeault be in writing and that it be admitted to the record as evidence without cross-examination of either side. Mr. Maynard—That's all right. I will try and get the report to you this afternoon or to-morrow morning at the latest. Dep. Com. Boyle-Claimant is to submit himself to examination by Dr. Archambeault to-day and Dr. Archambeault is to file the report. Decision is reserved. Testimony is closed and it is stipulated and agreed after the report of Dr. Archambeault is in, decision will be made. 287 288 Claim for Compensation under the Workmen's Compensation Law Made by Jacob OLAS, against AMERICAN LOCOMOTIVE COMPANY, Employer and Self-Insurer. 290 This claim came on for 'hearing before the State Industrial Board at Schenectady, New York, on June 3, 1920, June 30, 1920, at Albany, New York, on August 19, 1920, at Schenectady, New York, on October 8, 1920, January 24, 1921, and at Albany, New York, on March 25, 1921, April 4, 1921, April 8, 1921, and October 21, 1921. The State Industrial Board by virtue of Chapters 50 and 60 of the Laws of 1921, is the successor of the State Industrial Commission, in this case. Appearances. Naylon, Robinson & Maynard, Esqs., Attorneys for 291 Employer and Self-Insurer. Claimant in person. All the evidence having been heard and duly considered, the State Industrial Board makes its Conclusions Findings. of Fact, Ruling of Law, Award and Decision, as follows: 292 CONCLUSIONS OF Fact. 1. On June 4, 1919, the day on which Jacob Olas sustained the injuries herein referred to, 'he resided at 815 Eastern avenue, Schenectady, New York, and was employed as a tapper by the American Locomotive Company, with office and principal place of business at Schenectady, New York; said employer being engaged in the business of the manufacture of locomotives. 2. On June 4, 1919, while the said Jacob Olas was engaged in the regular course of his employment, and while working at the plant of his employer, and while 293 on the outside of a boiler thereat, where he was putting on caps on flexible staples, a flash from an electric torch, which torch was about one foot and a half away from claimant, and which was being used by a fellow employee inside the boiler, went into claimant's eyes, whereupon claimant sustained injuries to his eyes, on account of said flash, which resulted in the loss of useful and economic vision of the same. 3. The average weekly wage of Jacob Olas was the sum of $45.00. 4. The injuries sustained by Jacob Olas were accidental injuries, and arose out of and in the course of his employment. 294 5. It does not appear whether written notice of injury was given to the employer within the time prescribed by Section 18 of the Compensation Law, but inasmuch as claimant was treated at the plant hospital, |