74 Ind. App. 324 | Ind. Ct. App. | 1920
On the facts hereinafter stated, the Industrial Board of Indiana certifies for our decision and determination the questions of law hereinafter stated.
Robert .Stoner was born November 5, 1902; that on and prior to June 4, 1920, he was a resident of the city of Greencastle, in Putnam county, Indiana; that on and prior to June 4, 1920, the American Zinc Products Company was engaged, in the manufacturing business in the city of Greencastle,- Indiana, and was engaged- in the business of manufacturing zinc plates and sheets; that sometime prior to June 4, 1920, Robert Stoner entered the service of the American Zinc Products Company in its factory at Greencastle, Indiana, and was working in its manufacturing business at said place under a contract of hire and, during the period of his services
It is admitted by the American Zinc Products Company and the London Guarantee and Accident Company that Robert Stoner is entitled to an award of compensation of $11.55 per week for a period of 105 weeks, if, under the law, he was an employe of the American Zinc Products Company at the time of his injury; that Robert Stoner has presented a claim for compensation on account of said injury, and contends that he was lawfully in the employment of the American Zinc Products Company at the, time of his injury. The American Zinc Products Company admits his contention and insists that an award of compensation at the rate of $11.55 per week for 105 weeks should be made, while the London Guarantee and Accident Company contends that Robert Stoner was not lawfully in the service of the American Zinc Products Company at the time of his injury, and for that reason is not entitled to an award of compensation.
This contention is based upon the proposition that under a provision of §8038 Burns 1914, Acts 1899 p. 231, §18, Robert Stoner was a “young person” at the time he entered the service of the American Zinc Products Company and at the time of his injury, and that, being a “young person,” under the provisions of said section, he was not lawfully in the service of the American Zinc Products Company by reason of a provision in §8022 Burns 1914, Acts 1899 p. 231, §2, in the words following, to wit: “And it shall be unlawful for any proprietor, agent, foreman or other person connected with a manufacturing or mercantile establishment,
Upon the foregoing facts the Industrial Board respectfully submits the following questions of law for our determination: (1) Would a finding that Robert Stoner was an employe of the American Zinc Products Company within the meaning of the Workmen’s Compensation Act, at the time of his injury, be sustained by sufficient evidence? (2) Would such a finding be according to law? (3) Would an award of compensation to Robert Stoner upon the foregoing facts be sustained by sufficient evidence? (4) Would such an award be according to law?
Section 8038, supra, expressly defines the words “young person” to mean a person of the age. of fourteen years and under the age of eighteen years. Applying this definition to words “young person” used in the provision quoted from §8022, supra, both sections being part of the same act, it is apparent that the claimant herein, being seventeen years of age, and therefore between the ages of fourteen and eighteen years, was not lawfully employed, and therefore not an employe within the meaning of the Workmen’s Compensation Act (Acts 1915 p. 392, §80201 Burns’ Supp. 1918) which provides that “ ‘Employee’ shall include every person, including a minor, lawfully in the service of another under any contract of hire * * As amended, Acts 1919
The employe’s remedy in this case is not under the provisions of the Workmen’s Compensation Act. We answer each of the questions propounded to us in the negative.