Powers's Case

The only question in this case is the average weekly wages of the injured employee under the workmen’s' compensation act. She was a waitress in a restaurant. The findings of the member were that her contract of hire with the subscriber specified that she was to receive $8 per week and was to be allowed to retain for herself whatever tips should be given her by the patrons of her employer’s restaurant and that those tips averaged $12 á week. The board affirmed and adopted these findings, except that it found and ruled that the tips constituted a part of her average weekly wages and that her…