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U. S. DEPARTMENT OF LABOR
BUREAU OF LABOR STATISTICS
ROYAL MEEKER, Commissioner
BULLETIN OF THE UNITED STATES {
BUREAU OF LABOR STATISTICS!:
WORKMEN’ S
INSURANCE
AND
. . /WHOLE I O C
\NUMBER 1 0 D
COMPENSATION
SERIES:
No.
7
COMPENSATION LEGISLATION
OF 1914 AND 1915
OCTOBER, 1915
WASHINGTON
GOVERNMENT PRINTING OFFICE
1915
CONTENTS.
Page.
Introduction..............................................................................................
5,6
New legislation..........................................................................................
6,7
Principal features of the laws.................................... .................................
7,8
Classes of laws............................. .............................................................
8,9
Analysis of the principal features of the laws..............................................
11-29
Alaska.................................................................................................
11
Canal Zone..........................................................................................
12
Colorado..............................................................................................
13
Connecticut.........................................................................................
14
Hawaii................................................................................................
15
Illinois................................................................................................
16
Indiana...............................................................................................
17
18
Louisiana............................................................................................
Maine.............................................................. ..................................
19
Maryland.............................................................................................
20
Massachusetts................................................................. .....................
21
Minnesota............................................................................................
22
Montana..............................................................................................
23
Nevada................................................................................................
24
Oklahoma............................................................................................
25
Pennsylvania.......................................................................................
26
Vermont....................................................................... ......................
27
West Virginia.......................... ..........................................................
28
Wyoming.............................................................................................
29
Amending legislation..................................................................................
39-34
Constitutionality and construction of statutes.............................................. 34,35
Mutual insurance companies.......................................................................
35-42
Text and amendments of workmen’s compensation laws............................. 43-397
Alaska.................................................................................................
43-56
California............................................................................................. 57-61
Canal Zone..........................................................................................
63-72
Colorado..............................................................................................
73-98
Connecticut......................................................................................... 99-111
Hawaii................................................................................................ 113-123
Illinois................................................................................................ 125-135
Indiana............................................................................................... 137-149
Louisiana............................................................................................. 151-163
Maine.................................................................................................. 165-177
Maryland............................................................................................. 179-199
Massachusetts............... ......................................................................201-215
Michigan............................................................... ..............................217-222
Minnesota........................ ................................................................... 223-238
Montana............................................................................................... 239-270
Nevada................................................................................................ 271-286
New Jersey.......................................................................................... 287,288
3
4
CONTENTS.
Text and amendments of workmen’s compensation laws—Concluded.
page.
New York............................................................................................ 289-293
Ohio...................................................................................................
295
Oklahoma............................................................................................ 297-310
Oregon.................................................................................................311-314
Pennsylvania....................................................................................... 315-338
Philippine Islands..............................................................................
339
Rhode Island....................................................................................... 341-344
Utah....................................................................................................
345
Vermont....................................................................... .................. 347-358
Washington.......................................................................................... 359-361
West Virginia........... ........................................................................... 363-379
Wisconsin............................................................................................ 381,382
Wyoming............................................................................................. 383-394
United States....................................................................................... 395-397
BULLETIN OF THE
U. S. BUREAU OF LABOR STATISTICS.
WHOLE NO. 185.
WASHINGTON.
OCTOBER, 1915
COMPENSATION LEGISLATION OF 1914 AND 1915.
INTRODUCTION.
This bulletin is in effect a supplement to Bulletin No. 126, Work
men’s Compensation Laws of the United States and Foreign Coun
tries, in so far as regards the legislation of this country. Besides
the laws of the two years indicated, there are also included older laws
of the Philippine Islands and of the United States, relating to cer
tain classes of employees in public service, which, while not of the
customary form of compensation laws, are such in effect as far as
their operation extends, and are here reproduced so as to complete
the compilation of laws of this class.
The Philippine statute applies to officers, employees, and laborers
in the insular or provincial civil service or that of the municipal
board of the city of Manila, and provides six months’ pay for dis
abling injuries, and funeral expenses and three months’ pay in case
of death. Death benefits are payable only to a widow or dependent
child or children, and the director of the bureau of labor, in his
report for the year ending June 30, 1913, urged an amendment per
mitting payments to “ close relatives ” who may be dependent upon
the deceased employee for support. Such action has not thus far
been taken. The same official at the same time prepared a draft of a
compensation law of general application and urged its enactment
into law in lieu of the liability law in force in the islands, but with
out effect as yet.
The Federal compensation act, so called, appears with amend
ments at pages 441-444 of Bulletin No. 126. The acts here repro
duced are certain provisions of law that authorize the continuation
of pay or other benefits in case of the injury or death of employees
in the Life-Saving Service and of railway mail and sea-post clerks,
city and rural letter carriers, and certain other employees of the
Post Office Department.
5
6
BULLETIN OF THE BUREAU OP LABOR STATISTICS.
The act of 1911-12 (ch. 390), authorizing a compensation system
for employees on the Canal Zone, repeals the compensation law of
May 30, 1908, in so far as it related to such employees, as well as
the supplemental acts of 1908-9 (ch. 179) and 1910-11 (ch. 285).
•The Executive order of March 20, 1914, herein reproduced, is the
second issued under the provisions of this act, the operation of the
first having been suspended for lack of available funds and then
superseded by the present order.
NEW LEGISLATION.
New laws were enacted in 1914 in Kentucky, Louisiana, and
Maryland, and the New York statute of 1913 was reenacted as a
matter of precaution, the previous enactment having taken place
after the adoption of the constitutional amendment authorizing
such a law, but prior to its coming into effect. The Maryland law
superseded one enacted in 1912, which was impractical and never
really in effect.
The Kentucky statute (reproduced in Bui. No. 166, pp. 38-53)
was declared unconstitutional by a divided court before it became
operative. The opinion in the case appears in Bulletin No. 169, pages
197-203. The court held that though the act was elective in form
the provisions as to passive or presumed election on the part of
employees and the abrogation of the defenses of the employer who
rejected the provisions of the act made it compulsory in effect, and
as the act thus construed limited the amount recoverable for damages
for personal injuries, which is forbidden by the constitution, it was
unconstitutional in all its parts.
In 1915, laws were for the first time enacted in Alaska, Colorado,
Hawaii, Indiana, Maine, Montana, Oklahoma, Pennsylvania, Ver
mont, and Wyoming, so that there are now 31 States having laws
of this class, besides the Territories of Alaska and Hawaii, the Canal
Zone, and the Philippine Islands; and the Federal laws. The Okla
homa Legislature also took steps to secure the submission to the people
of an amendment to the constitution authorizing an elective or compul
sory compensation law, covering death as well as disability. The Leg
islature of Utah provided for a commission on compensation to re
port to the next legislature with a draft of a bill. A bill passed both
houses of the Idaho Legislature, but was vetoed by the governor. The
Missouri commission of 1913 (see Bui. No. 126, pp. 17, 18) reported
a carefully drawn bill, also one providing for an industrial commis
sion to administer the compensation and other labor laws, but neither
of these became law. Amendments in 1914 and 1915 made numerous
changes in the existing compensation laws, being in some cases so ex
COMPENSATION LEGISLATION, 1914, 1915— REVIEW.
7
tensive as to necessitate the reproduction of the act in full. In other
instances only the new text is reproduced or an explanation given of
the changes, so that by a reference to the original text in Bulletin
No. 126 the provisions of the new legislation can more readily be dis
covered than would be possible from a simple reprinting of the law
as amended.
PRINCIPAL FEATURES OF THE LAWS.
As in Bulletin No. 126, the principal features of the laws are pre
sented in two forms, one a table showing certain facts for all the com
pensation laws of the United States and the other a series of analyses
following a uniform outline showing the facts only for the new legis
lation since 1913. A fact that can hardly escape observation is the
failure of effort thus far to secure uniformity in this class of legisla
tion, and this is rendered the more noticeable because during this
year two laws were passed that differ from any existing legislation in
this country in important respects: The Oklahoma statute restricts
its application to cases of nonfatal accidents, while in Wyoming
all awards, both for death and for disability, are in the form of
lump-sum payments arbitrarily fixed by the statute without regard
to the earning capacity of the injured person. Practically all au
thorities elsewhere favor periodical payments graduated according
to the wage loss, and this rule is very generally followed in legisla
tion. The benefits payable under the Alaska statute are similar in
form to those of Wyoming except for temporary disability, for which
in Alaska payments based on a percentage of the wages are allowed.
The Alaska statute is, moreover, much more liberal than that of
Wyoming, the latter allowing a maximum of $2,050 for death and
$3,000 for permanent total disability, while in Alaska the total in
either case may amount to $6,000. The death benefit in the new
statute of Colorado is next lowest to that of Wyoming, being limited
to a maximum of $2,500. The Colorado law also prescribes a waiting
time of three weeks before any benefits are payable, in both these re
spects diverging from the tendency generally observable to allow
more adequate rates of benefits and to reduce the waiting time to less
than two weeks rather than to go above this period. Disability bene
fits in Colorado continue until death if the disability is total and per
manent.
The trend of opinion in favor of special boards or commissions
for the administration appears to continue, the laws of Alaska and
Wyoming being the only ones enacted in 1915 which do not have this
provision. The Louisiana statute of 1914 is to be administered by
the courts. The industrial accident commission of Maine is given no
8
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
other powers than those relating to the administration of the com
pensation act. The same is true of the body of the same name in
Maryland, of the industrial commission of Oklahoma, and the in
dustrial accident board of Vermont. In Hawaii, county boards of
similar restricted functions are provided for. The Pennsylvania
law contains a unique provision by which a bureau of workmen’s
compensation is created in the department of labor and industry
which furnishes the clerical force for the workmen’s compensation
board, the letter being the administrative body proper for the hear
ing, investigation, and determination of claims under the act. The
board has no other functions than those arising from the operations
of the compensation act, though it has as an ex officio member the
State commissioner of labor and industry, who, however, has no vote
on orders, decisions, or awards.
On the other hand, the industrial commission o f Colorado is
charged not only with the administration of the compensation law,
but also with the duty of factory and mine inspection, the enforce
ment of woman and child labor laws, and safety laws generally.
Corresponding provisions are found in the law of Indiana and that
of Montana. Earlier laws conferring the dual functions of adminis
tration and of inspection, regulation, and the like are those of Cali
fornia, Iowa, and Texas, while the acts of New York, Ohio, and
Wisconsin are in the hands of industrial commissions of very broad
powers in this field.
CLASSES OF LAWS.
The chart presented herewith groups the legislation under con
sideration as compensation laws and insurance laws, those of the
class last named requiring of all employers accepting their provi
sions that an insurance of the prescribed compensation payments
be arranged for. Each of these classes is again divided into sub
classes, according as the laws are of voluntary acceptance by those
whom they affect, or are compulsory. The following groups result:
Compensation^ elective.
Alaska.
Colorado.
Connecticut.
Illinois.
Indiana.
Iowa.
Kansas.
Louisiana.
Maine.
Michigan.
Minnesota.
Montana.
Nebraska.
New Hampshire.
New Jersey.
Pennsylvania.
Rhode Island.
Vermont.
Wisconsin.
COMPENSATION LEGISLATION, 1914, 1915— REVIEW.
9
Compensation, compulsory.
Arizona.
California.
Canal Zone.
Hawaii.
Maryland.
New York.
Oklahoma.
United States.
Insurance, elective.
Massachusetts.
Nevada.
Oregon.
Texas.
West Virginia.
Insurance, compulsory.
Ohio.
Washington.
I Wyoming.
|
This list does not include the laws of the Philippine Islands nor
of the United States relating to the Life-Saving and Postal Services,
these being so simple in form and narrow in scope as not to require
analysis. A number of the laws that are elective as regards private
employment are compulsory in their application to the State and its
municipalities, while in several instances they do not affect public
employment—a fact that is developed in the page analyses following
the chart.
Of necessity, only general provisions are shown on the chart,
qualifications and exceptions being shown somewhat in the page
analyses, but only briefly even there, the purpose being to show in
comparable form what the legislators have attempted to provide in
its chief aspects, while for details recourse must be had to a study
of the laws either directly or by the aid of the index.
PRINCIPAL FEATURES OF LAWS RELATING TO WORKMEN’S COMPENSATION AND INSURANCE.
How election is made.
Industries covered.
States, etc.
Pefenses abrogated if
employer docs not elect.
Suits for damages are—
Assumed risks, fellow
se rv ic e , contributory
negligence unless willful
or due to intoxication.
Durden of cost is
on—
Special contracts.
Bye
By employer.
Compensat ion, elective.
Employer..
Alaska. Ch. 71.
Approval
Apr. 29, 1013. In effect July
28,1015.
Minins operations (In
cluding mills, ovens,
and reduction works)
in which 5 or moro
persons aro employed.
Frosumed In ab
sence of written
notice filed with
U n i t e d States
commissioner.
Not permitted after elec
tion under the act.
'Waivers are forbid
den.
os to
Ch.
1915.
All except domestic and
farm labor in which 4
or more persons aro
employed (casual em
ployees excepted).*
A c t is exeluslvo
where available.
...do ..
Connecticut.
Ch. 13S.
Ap
proved May 29. 1913. In ef
fect Jan. 1, 1914. Amended,
ch. 2SS, 1915.
All In which 5 or more
persons aro employed
(outworkers and cas
ual employees ex
cepted).1
All (casual employees
and those not exposed
to hazards of employ
ments excepted).
Presumed In a b - Presumed In a b - Assumption of risks due .......do...............................
to employer’s negli
sence of notico to
ser.ee of written
gence, fellow service,
employer in writ
notice to commis
and contributory negli
ing.
sion; notice of ac
gence unless willful.
ceptance or rejec
tion to 1)0 posted.
Presumed m ab Presumed in ab Assumed risks, fellow Not permitted after elect
service, and contribu
ing compensation.
sence of written
sence of written
notico.
tory negligence.
notice.
Approved schemes
may be substitu
ted.
. ...d o ..
In effect Aug. 1,1315,
Presumed as to
employers in des
ignated extrahazardous employ
ments In absence
of written notice;
other employers
file notice.
in abIn dian a (compulsory as to State All except domestic and Presumed
senco of written
farm labor (casual
anrl municipalities). Ch. 1<Vj.
notice,
posted
or
employees excepted).
Approved Mar. 8, 1915. In
served, and filed
effect Sept. 1,1915.
w i t li industrial
board.
Presumed in ab
Io w a (compulsory os to State ___do...........
sence of noticc
and municipalities). Ch. 1-ff.
posted in estab
Approved Apr. 18, 1913. In
lishment
and
elfect July I* 1914.
filed with indus
trial c o m m i s
sioner.
Kansas.
Ch. 21S. Approved “ Especially dangerous” Presumed in ab
sence of notice
(enumerated l i s t )
May 14,1911. In effect Jan. 1,
posted in estab
where 5 o r m o r e
1912. Amended, ch. 216, 1913.
lishment
and
workmen a r o c m filed with secre
ployed.1
tary of state.
Louisiana (compulsory as to “ Hazardous” (enumer Presumed in ab
sence of written
ated list, or as agreed
State and municipalities). > o.
notice to em
or dccided by court);
20. Approved June IS, 1914.
ployee.
others by voluntary
In effect Jan. 1,1915.
contract.
Illinois (commilsory as to State
anti municipalities). I*. 314.
Approved Juno 10, 1911. In
effect May 1, 1912. New act,
p. 335, 1913. Amended, Juno
2S, 1915.
Maine (compulsory as to State,
cities, and counties). Ch. 293.
Approved Apr. 1* 1915.
In
c/iecl Jan. J, l'Jlti.
Michigan (compulsory as to
State and municipalities). No.
10. Approved Mar. 20,1912. In
cfleet t’opt. l. 1912. Amended
Nos. 50, 79, 1.W, 259,1913; 101,
153, 170,171, 1915.
Minnesota. Ch. 407. Approved
Apr. 21.1913. In effect Oct. 1,
1913. Amended, Chs. 193, 209,
1915.
Montana (compulsory as to pub
lic corporations and contractors
therewith). C h.96. Approved
Mar. 8,1915. In cffcct July 1,
1915.
Nebraska. Ch. 193. Approved
Apr. 21,1913. In effect July 17,
1913.
New Hampshire. Ch. 163. Ap
proved Apr. 15,1911. Ineffect
Jan. 1,1912.
All employing 5 or moro
workmen, except rail
roads in interstate
commerco and domes
tic and agricultural
labor (casual employ
ees and outworkers
oxceptcd).
11Dangerous” (enumer
ated list).
Pennsylvania (compulsory as to
State and municipalities), No.
33$. Approved June 2, 1915.
In effect Jan. 1,1910.
All except agricultural
and domestic labor
(casual employees ex
cepted).
E h ode Island.
Ch. S31. Ap
proved Apr. 29,1912. In effect
Oct. 1, 1912. Amended, ch.
937, 1913; 1208, 1015.
All employing more
than 5 workmen, ex
cept in domestic serv
ice and apiculture
(casual employees and
those earning over
Sl^SOO excepted).
All in which more than
10 persons aro em
ployed (domestic and
casual employees and
those earning over
$1,500 annually ex
cepted ).i
All (casual employees
excepted).
Wisconsin (compulsory as to the
State and municipalities). Ch.
50. Approved-May 3,1911. In
effect same date. Amended,
chs, 599, 707,1913; 121,241,310,
3G9, 378, 462, 1915.
Presumed In ab
sence of written
notice, if employ
er elects.
Assumed risks, fellow serv
ice, and contributory
negliger.ee, as to em
ployers in designated ex
tra hazardous employ
ments (all work on farms,
etc., excepted).
.do................................ Employer may in
sure or maintain a
benefit fund, but
may not reduce
liability fixed by
law.
Presumed in ab Contributory negligence,
sence of written
fellow service, and as
notico served on
sumed risks.
employer and filed
w i t h industrial
board.
Presumed In al> Assumed risks and fellow
service;
contributory
sence of written
negligence unless will
notico t o e m plover and in
ful.
dustrial commis
sioner.
Presumed in ab
sence of written
notico filed with
s e c r e t a r y of
state.
Assumed risks and fellow
service;
contributory
negligence to be meas
ured.
Presumed in ab
sence of written
notice
to em
ployer.
Assumed risks, f e l l o w
service, and contribu
tory negligcnco.
-do..
. .. . d o ....................
.do.
. . .. d o ...........
___ do.
Employer
must
give
proof of solvency or in
sure risks.
___do.......................
Approved schemes .......do.
may bo substi
tuted.
Dond may be required to
secure
lump
sums
awarded by court. In
surers have rights and
duties of insured cmplovers.
Claims have same prefer
ence as wage debts.
F
Presumed in ab
sence of notice
posted in estab
lishment and filed
with
insurance
commissioner.
Presumed in ab Assumed risks and fellow .......d o ................................
sence of notice to
servico;
contributory
employerand filed
negligence unless willful.
with * insurance
commissioner
By accepting com None (assumed risks, fel
pensation or be
low service, and contrib
ginning proceed
utory negligence re
ings under the
stricted by liability pro
act.
visions of statute).
Presumed In absence Presumed in absence Assumed risks and fellow
service;
contributory
of written notice
of written notice
to omployees.
to employer.
negligence unless will
ful.3 ‘
Writing filed with
commissioner of
labor.
.-do.
.do.
Employer must insure or
give proof of solvency
and mnW*^Gpos!t or
give bond.
Kmploycr must give proof
of financial ability or
procure irtate, mutual,
or pri -ato insurance. If
insolvent, claims arc a
first lien.
If insu cd employer is in
solvent, claimants have
lien on proceeds of
policy.
..do.
.do.
More than 2 weeks
(payment
from
uate of injury it
disability lasts 8
weeks or more).
More than 2 weeks..
Medical and surgical aid.
Partlil disability.
$100 funeral expenses; 50
per cent of wages for 300
weeks; $5 minimum, S12
maximum.
55 per cent of wages for
500 wee: s: $5.50 mini
mum, £13.20 maximum;
total not over $5,000.
Funeral expenses not
over $100; 50 per cent of
wages for 300 weeks; $5
minimum, $10 maxi
mum.
50 per cent of wago loss for During first 30 days.......... Notice In 30 days; claim Industrial
board;
not over 300 weeks; no
1 in 2 years.
limited appeal to
courts.
wages considered as
abovo $24 nor less than
$10; schedule for speci
fied injuries.
50 per cent of wages for 400 Fixed rates for specified During first 2 weeks; not Notice in 15 days: If in 30 Industrial commis
inj ur i es; proport ionat c
weeks; 55 minim um, S10
sioner and two
days, not barred cxcept
over $100, including burfor others; 55 minimum,
maximum.
ia lif injury was fatal.
as to extent employer
others as arbitra
$10 maximum.
was prejudiced; bar ab
tors; limited ap
solute after 00 days.
peal to courts.
3 years' earnings; SI.200
mini mum, $3,GOO max
imum; no dependents,
S100.
50 per cent of weekly
earnings; $6 minimum,
$15 maximum, for not
more than 8 years.
25 to 50 per cent of weekly
earnings: S3 minimum,
512 maximum, for not
moro than 8 years.
Only if employee dies Notico in 10 days; claim
leaving no dependents. | in G months.
$100 funeral and last sick
ness; 25 to 50 per cent or
weekly wages until
death or remarriage of
spouso, or child reaches
a^c of IS.
50 per cent of wages for
3D9 weeks; £4 minimum,
$10 maximum; no de
pendents, $J}Q.
50 per cent of weekly
wages; S3 m inim um, S10
maximum, for not over
400 weeks.
50 per cent of wage de
crease; S10 maximum,
for not over 300 weeks:
fixed rates for specified
injuries.
During first 2 weeks; not I Notico of accident In 15 Courts; agreements
over 5100.
| day s, of death in 30 days;
between employ
claim in 6 months.
er and employee
must he approved
by courts.
50 per cent- of wages for
3(j0 wee Us: SI minimum,
SiO maximum; no de
pendents, $200.
50 per cent of wages for
not over 500 weeks; $4
m inim um , $10 maxi
mum, total not to ex
ceed $4,000.
50 per cent of wapc de
crease, $10 maximum,
for not over 300 weeks;
fixed rates for specified
injuries.
During first 3 weeks..
S100 funeral expenses; 25
to 00 per c-cnt of wages
for 300weeks; SP.50mini
mum , £11 maximum.
50 per cent of wages for 400
weeks; 20.50 m inim um,
$11 maximum; not over
£0.50 thereafter for 150
weeks; total not over
$5,000.
50 per cent of wapo de
crease for 300 weeks;
$6.50 m inim um , $11
maximum; fixed rates
for specified injuries.
During first 00 days; not
over $100, or by order of
court, $200.
50 per cent o jw'ages for .......do...............................
500 wT
eeks; 54 minimum,
SlOmaxirnum; totalnot
over 53.000.
Local committees or
arbitrators; court
review allowed.
$750 maximum ex
ccpt to residents
of Canada.
During first 2 weeks not | Notice in 30 days; claim in
over $30 unless ordered
1 year.
by commission.
Industrial accident
commission; I imlted
appeal to
courts.
H alf rates except as
to residents of Can
ada.
| Notice in 3 months; claim
in G months.
Industrial accident
board; arbitration;
a p p e a l to su
preme court.
Included.
Notice in 14 days; if in 30
days, not barfed except
as to extent employer
was prejudiced; bar ab
solute after 00 days.
Courts......................
ncluded.
During first 2 weeks, not Notice In 60 days, claim In
over $50 unless thero is | 6 months,
hospital fund.
Industrial accident
board; appeal to
courts.
Waivers are forbid
den; hospital fund
may bo m a i n
tained.
On employer, ex
cept that hospital
fund may be Joint.
Employer must give proof
of solvency or insure in .......d o ...
company or with State
$75 funeral expenses: 30 to
50 per cent of wages for
400 weeks, $0 mmimum,
$10 maximum.
50 per cent of wages lor 400 50 per cent of wagc loss for
150 weeks; benefits and
weeks; $0m inim um, $10
wages to be not less than
maximum: $5 thereafter
$6; fixed rates for speci
if permanent.
fied injuries.
Forbidden...............
Employer,
If insured employer is
insolvent, claims aro
enforceable d i r e c t l y
against the company.
Moro than 2 weeks
(payment
from
aato of injury if
disability lasts 8
weeks or longer).
S100 funeral expenses; 50
per cent of wages for 350
weeks; $5 minim um, $10
maximum.
50 per cent of wages for
300 weeks; S5 m inim um ,
510 maximum, then 40
>crcent of wages during
ife; 54 m inim um, SS
maximum.
50 per cent of wage de
crease; $10 maximum,
for 300 weeks; fixed
rates for specified in
juries.
During first 3 weeks; not
to exceed $200,
Notice as soon as prac
ticable; c l a i m i n 6
months: petitions filed
in court in 1 year.
Arbitrators or dis
trict
court
of
county.
Excluded, e x ccp t
half benefits to wife
or children under
16 years, unless
treaty
provides
otherwise.
Included (widows,
children, and par
ents only).
150 times weekly earnings,
not more than $3,000; no
dependents, $100,
50 per cent of average
weekly earnings; maxi
mum, 510 for not more
than 300 weeks.
50 per cent of wage loss; Only if employee dies
maximum, 510 per week,
leaving no dependents.
not more than 300 weeks.
Notice as soon as prac
ticable and before leav
ing service; claim in 6
months.
P r o e e e d i n g s in
equity.
Beneficiaries must be
residents of State.
5100 funeral oxpenses; 35
to 60 per cent of wages
for 300 weeks; $5 m in
im um , $10 maximum.
50 per cent of wages for 400
weeks; 55 m inim um , $10
maximum.
Fixed scale for specified
injuries; others propor-
During first 2 weeks; not
over $50.
Permittod in lieu of com
pensation.
................................. ■
....... do..
Employer must give proof
of financial ability or
give bond.
More than 2 weeks..
Not permittod after olectir.g compensation.
No substitute agree
ments valid.
Compensation payments
are preferred claims on
assets of employer.
....d o .....................
Presumed in abscnco of notice
posted in estab
lishment, given
employee, a n d
filed with com
pensation bureau,
riling filed with
commissioner of
industrial statis
tics.
Presumed In ab- Fellow servico, assump
sence of written
tion of risk, contribu
notice to employer
tory negligence unless
and filed with
due to intoxication or
compensation burecklessness.®
Forbidden.
Presumed in ab- Assumed risks, fellow
senco of written
service, and contribu
notice, if em
tory negligence.
ployer elects.
Approved schemes
may be substi
tuted; no reduc
tion of liability
allowed.
Presumed in ab
sence of written
agreement or no*
tico to the con
trary; municipal
ities vote.
Presumed in ab- ...... do .....
senco of written
agreement or no
tico.
No contract may
relieve of liability.
Presumed as to
employers of 4 or
more p e r s o n s
(exccpt farmers
and railroads) in
absence of notice
filed with indus
trial commission;
other employers
ille notice.
Presumed in ab Assumed risks; also fellow ....... do...............................
servico and contributory
sence of written
notice to em
negligence unless will
ployer, if em
ful, if 4 or more employ
ployer elects, ex
ees (does not apply to
cept on railroads,
farm labor).
where acceptance
must bo in writ
ing.
___ do...............................
Total disability.
Death.
Nonresident a l i e n
beneficiaries of de
ceased workmen.
Notice in 120 days; claim Com
More than 2 weeks, 53,000 to widow or minor $3,000, $1,200 additional if Fixed sums for specified
wife, and $000 for each
but if for 8 weeks
orphan; $(,00 to each
In 2 years.
injuries, varying with
or more, payments
child under 16. If un
child under 10 and to de
conjugal condition and
run from date of
married, fCOO for each
pendent parents, $6,000
number of children.
dependent parent. No
injury.
maximum. If single,
total to exceed $0,000.
$1,200 to each dependent
parent; no dependents,
not over $300 funeral
and other expenses.
F.mployer must insure in More than 3 weeks.. 50 per cent of weekly 50 per cent of weekly 50 per cent of wage loss; During first 30 days, not Notice in 30 days; claim In Industrial commis One-th ird benefits,
wages during term, 58
wages, $8 maximum, for
over $100 unless existing j 1 year,
$8 maximum; total not
sion; limited ap
Slate fund or stock or
not over $1,000.
maximum, 55 mini
G years, total not above
over 52 0S0; fixed scale
approved h o s p i t a l
peal to courts.
mutual company, or
mum; full wages if less
$2,500 nor less than
for specified injuries.
scheme Is continued.
give proof of solvency.
than $5.
$1,000; no dependents,
$ 100.
Employer
must
give Moro than 10 days... $100 funeral expenses; 50 50 per cent of earnings for 50 per cent of wago de Such as physician may Notico at once; claim in 1 Compensation com Half rates, except as
i-.ot over 520 weeks: $5
per cent of wages for 312
crease; 510 maximum,
deem reasonablo and | year,
missioners; appeal
proof of solvency or in
to residents of Can
minim um, $10 maxi
weeks; $5 minimum, $10
for not over 312 weeks;
necessary.
to courts.
sure risks.
ada or dependen
mum.
maximum.
fixed rates for specified
cies of the United
injuries.
States.
Moro
than
6
work
50
per
cent
of
weel'ly
earn
A years' earnings; $1,050
50 per cent of waso de During first 8 weeks, not Notice as soon as prac Arbitrators for each
Employer
must
give
ing days; then
ings for 8 years; £0 miriminim um, $.‘{,500 maxi
crease; $12 maximum,
ticable, not later than 30
over $200; physician or
case, subject to re
proofof financial ability,
c o m p c n s a tion
mum , 512 maximum,
mum; no dependents,
for not more than 8
days; claim in 0 months.
surgeon during disa
view by industrial
furnish security, insure,
from eighth day;
up to $3,500.*
5150.
years: fixed rates for
board and appeal
bility unless employee
or make other provision,
from second day of
specified injuries.
to courts.
prefers his own.
disability if total
and permanent.
Approved schemes .......d o .. .
may be substitu
ted, but no reduc
tion of liability
allowed.
Employer may in
sure or maintain a
benefit fund, but
may not reduce
liability fixed by
law.
Time for notice and claim. Disputes settled by—
Attachment may be had
pend ing result of action,
or employer may de
posit cash or bond with
court.
More than 2 weeks.
. . d o . ..
Compensation for—
To be compensated
disability
must
continue—
Employer must Insure in
absence of proof of sol
vency.
.......d o .. . .
No contract m a y
relievo from lia
bility.
Fresumed in ab Fresumed in ab Assumed risks and fellow' Not permitted after elect
ing compensation.
servicc;
contributory
sence of notice
sence or notice
to employer and
negligencc unless w ill
osted in establ
filed with com
ful.
i s h m e n t and
filed with com missioner of la
bor.
missioner of la
bor.
" Inherently hazardous” "Writing filed with Presumed in ab Contributory negligence, ....... do..................
sence of written
fellow service, and as
accident
board
(extensive list); agri
n o t i c e to em
sumed risks.
and posted in
cultural,domestic,and
ployer and filed
placc of business.
casual employees exwith board.
ceptcd.
New Jersey (compulsory as to A ll (casual employees
excepted).
Stateandmunicipalities). Ch.
95. Approved Apr. 4,1911. In
effect July 4,1911. Amended,
ch. 174,1913; 211,191 i.
Vermont. Ch. 104. Approved
Apr. 1,1915. In effect July 1,
1915.
Presumed In abs"r.co of written
notice served on
employer a n d
filed with United
S t a t e s commis
sioner.
A ll except domestic and Writing filed with Presumed i f e m As above, exccpt for em ....... do................................. Existing approved .......do.
schemes may bo
ployer elects: in
ployers of not over 5 percommission and
agricultural l a b o r
continued:
n o
absencft ol written- ... ^LLg.,.and in logging op
posted in. estab
(casual employees ex
waivers allowed.
erations
notice to cmploj’lishment.
cepted).
er filed with com
mission.
All (casual employees Writing filed with Presumed In ab Assumed risks, fellow serv Not permitted after elect Forbidden.............. .......do....................
ing compensation, un
sence of written
ice, and contributory
excepted).
'
accident board.
less cmplover is in de
netMigcnce, except in
notice, if em
fault on insurance pre
suits by domestic and
ployer elects.
miums.
farm laborers.
All except steam rail
roads and domestic
and agricultural labor
(casual employees ex
cepted).
Security of payments.
....d o ..
1
Notice in 14 days; if in 30 Judges of court of
days not barred except
common p l e a s ;
as’ to extent employer
limited appeal to
supreme court.
was prejudiced, but ab
solute after 90 days;
claim in 1 year.
com
Notice in 14 days; claim in Workmen’s
pensation board
1 year.
and referees; ap
peal to courts.
Employer niiijt Insure in
Staie fund, stock or
mutual company, or
give proof of financial
ability.
.do..
$100 funeral expenses; 15
to 00 percent of wages
for 300 weeks; basic
wages not less than $10
nor moro than S20 per
week.
50 per cent of wages for
500 weeks; $5minim um,
$10 maximum; total not
over $1,000.
50 per cent of wago loss;
510 maximum, for not
over 300 weeks; fixed
scalo for specified in
juries.
During first 14 days, not
over $25, unless major
operation, then $75.
.do..
Payments aro a claim su
perior to unsecured
debts.
.dD..
50 per cent of weekly
wages for 300 weeks; $4
minim um, 510 maxi
mum ; no dependents,
$200.
50 per cent of earnings for
not over 500 weeks; $1
minim um, $10 maxi
mum.
___ do..,
Reasonable services for
first 2 weeks; maximum
$200 in fatal cases with
no dependents, includ
ing burial.
Notico In 30 days; claim
in 1 year.
Courts In summary
proceedings.
,.do..
Employer must insure, ....... do.,
givo security , or proof of
financial ability.
$75 funeral expenses; 15
to 45 per cent of wages
for 200 weeks, total not
over $3,500; basic wages
not less than $5 nor more
than 525.
50 per cent of wages for 200
weeks (board may add
52); S3 m inim um , $12.50
m axim um ; total not
over Si,000.
50 per cen t of wago loss; $10 During first 14 days, not
over 575.
maximum, for 5 years;
fixed scale for specified
injuries.
Notico as soon as practl*
cable; claim in 6 months.
Industrial accident
l>oard; appeal to
courts.
Employer must eive proof
of financial ability or in-
More than 1 week 4 years’ earnings, but
amount added to prior
(paj’incnt for first
disability p a y m e n t s
week if disability
may not exceed 0 years'
lasts more than 1
earnings; no depend
weeks).
ents, SI00.
05 per cent of wages; if
nurse is required, 100
per cent after U0 da vs;
no total to exceed' 0
years’ earnings.
G5 per cent of wage de
crease; no total to ex
ceed 4 years’ earnings;
fixed rates for specified
injuries.
For not moro than 90 Notico in 30 days; claim h
days.
| 2 years.
Industrial commis
sion; appeal to
courts.
Judgments awarding com
pensation nave same
preference as wage debts.
A t least 2 weeks;
then compensa
tion from date of
accident.
Insurance or other ....... do.
schemes permit
ted, but no reduc
tion of liability al
lowed.
Excluded.
Two-thirds benefits
to widows and
children; others ex
cluded.
Included.
C o m p en sa tio n „ co m p u lsory.
Arizona. Ch. 11 (extra f u
sion). Approved June 8, 1912.
In ctf?et Sept. 1, 1912. New
act, ch. 7, 1913.
" Especially danze--(enumerated l i s t ) :
elective as to all
others.
Permitted in lieu of com
pensation.
Permitted if com
pensation is pro
vided not less than
that of ilie act.
California. Ch. 399. Approve 1
Apr. 8 , 1011. In effect Sept. 1,
1911. New act, ch. 170, 1913.
Amended, chs. 511, 007, 602,
1915.
All cxcept domestic and
agricultural
labor
(casual employees ex
cepted); elective as to
cxccpted classes.
Permitted in lieu of com
pensation if employer
was personally grossly
negligent.
C anal Zone. Executive Order
Mar. £0,1914. In effect Apr. 1,
1914.
All employees on Pana
ma (.anal or Itailroad.
Not permitted...................
Employer may in
sure or maintain
a benefit fund, but
may not reduco
liability fixed by
law.
H aw aii. No. 221. Approved
Ar>r. ‘2S. l'.Ho. Iti pJT<Vl July 1.
A ll industrial employ
ment (casual employ-
Forbidden.
. . .d o ..
___ do........
....... d o ...
No waiver allowed.
».do..
Payments have same pref
erence as wage debts.
Government funds and
supervision.
Employer must Insure,
give guaranty, or proof
Burial or transportation
of body; 25 to 50 per cent
of earnings for 8 years,
total not over $5,000.
75 per cent of earnings for
3 months, then 50 per
cent for S years; schedulo
for fractures.
More than 14 days*. 5100 funeral expenses, 25
to 60 per cent of wages
COper cent of wages for 312
weeks; S3 m inim um . SIS
full consecutive
days, then pay
from filth day.
i.,:
Maryland. Ch. 800. Approved
Apr. 16, 1914. In elle'ct Nov.
1,1911.
New York. Cli.SlO. Approved
J>ef\ 16,1013. In effect Julv l,
1914. Amended, chs. 41 , 310,
1914; 1G7, 168, 015,674, 1915.
Oklahoma. Ch. 246. Approved
Mar. 22, 1915. In olfeet Sept.
1,1915.
U nited States. 35 Stat., 55G.
Approvod May 30, 190S. In
effect Aug. 1 ,1008. Amended,
chs. 57,255,390, 1011-12.
Extrahazardous (enu
merated list); elective
as to other.;. Farm
and domestic labor,
country blacksmiths
etc.; casual employees
and those receiving
over $2,000 excluded.
Permitted in lieu of com
pensation if accident
caused by deliberato in
tent of employer.
Hazardous cm p l oyments (extensive list);
domestic and agricul
tural labor excluded.
Penn it ted if employer
fails to secure payment
of compensation; de
fenses of fellow service,
assumed risks, and con
tributory negligence ab
rogated.
___ do.
___ do...............................
Waivers not al .......do.,
lowed; approvod
schcincspormitted.
Government can not bo
sued.
Waivers forbidden
“ Hazardous” (enume
rated list and general
clause) in which more
than 2 persons are em
ployed (nonfatal acci
dents only).
Artisans and mechanics
in certain classesoremployments: all persons
in hazardous employ
ment in cenain others.
Forbidden.,
.......do...........
.......do..
.do ..
Notice in 2 weeks; none Arbitration, refer
ence to attorney
required in cast? of
death or incompetence.
general, or appeal
Action on claim within
to courts.
1 year.
Noticc in 30 days; claim Industrial accident
in 6 months for dis
commission; lim
ability, 1 year for death.
ited appeal to
courts.
2,400 times one-half the 50 per cent of average 50 per cent of wage de Only if employee dies
leaving no dependents.
daily wages;SI.(XX)max
semimonthly earnings,
crease until recovery,
imum ; no dependents,
during disability, not
not to exceed 34,000.
medical and burial ex
to exceed 54.000. ‘
penses.
More than 2 wrecks.., 3 years' earnings; $1,000 Go per cent of wages for 210 05 per cent of wage de During first 90 days;
longer if commission
m inim um, $5,(X)0 max
weeks, then 40 per cent
crease for fixed periods
imum; no dependents,
orders.
for life.
proportionate to disabil
$ 100.
ity.
Employer must insure in
Si ate fund, insurance
company, or give proof
of financial ability.
More than 2 weeks;
1 weelc if disability
is permanent.
v . H o i
u w r
51">,000. llasic wages not
le-s than 55 nor moro
than 536.
575 funeral expenses un
less no dependents and
Miilicicnt estato to dty
fray same; 50 per cent of
wa-jcs for 8 years; SI,000
minimum, $1,230 maxi
mum.
over 55,000.
50 per cent of wages for S
year'; 55 minimum, $12
maximum; total hcl
over §5,000.
75 per ccnt of earnings for
3 months, then 50 per
cent for not more than
5 years; schedule for
mannings; if at work, 75
per cent of wage loss.
50 per cent of wage loss for
not over 312 weeks: 512
Reasonable services.
first 14 davs not
overfca
I
Noticc immediately; claim
for injury in 60 days, for
death in*1 year.
c; ovemor of Panama
Canal.
Notice as soon as practlc a b le ; claim in 3 months.
County industrial
accident boards:
Included.
Excluded.
“TTTTTTmTTTTTTr
overr So.tHX); fixed scalo
for speciiled injuries.
As required by commis
sion, not over $150.
Notico of accident in 10
davs, of death in 30 days,
unless sufficient reason;
claim in 30 davs.
Industrial accident
commission
or
arbitrators u p pointed by it; ap
peal to courts.
Not ice of injury in 10 days,
of death in 30 days, un
less excused for’ cause;
claim in 1 year.
Industrwl commis
sion; limited ap
peal to courts.
Included.
Noiiio in 30 days, claim
in 1 year.
Industrial commis
sion.
Fatal accidents not
covered.
Claim for disability in
reasonable time; death
in 00 days.
Secretary of Labor.
During fir^t 2 weeks........
Notice as soon as prac
ticable; claim in 6
months.
Keasonablo services for
first 4 months.
Applications must be
made nnd claims en
forced in 1 year.
Arbitrators for each
case; industrial ac
cident board; ap
peal to courts 011
points of law.
Industrial commis
sion.
Proportionate benefits for
not over 2 years if tem
porary; fixed rates for
specified injuries.
Not to exceed $250.
Claim in 1 ye
Industrial accident
commission; ap
peals to courts.
60 per ccnt of wage de
crease; $15 maximum,
for not over 300 weeks:
fixed rates for specified
injuries.
During first week..
Notice as soon as practi
cable; claim in 6 months.
Industrial accident
board; appeals to
courts.
50 per cent of wages
until death; $4 mini
mum , SS maximum.
50 per cent of wage de
crease, $4 minimum,
fS maximum, for 30 to
210 weeks; 70 to 85 per
ccnt disability, 40 per
cent of wages for life.
Not to exceed $150; may
be 5300 in sjwcial cases.
Claim in f> months; proof
of dependency in 0
months.
Compensation com
missioner; limited
appeal to courts.
S150 funeral expenses; 66$ 663 per ccnt of wages until
per cent of wages for G
dealh, if permanently
years; $1,500 minimum,
disabled; $5 minimum,
$3,750 maximum.
$12 maximum.
663 per ccnt of wagc de
crease; $12 per week
maximum; not over
$3,750 in all; fixed rates
for specified injuries.
Not to exceed $200.,
To be fixed by board....
Industrial commis
sion; limited ap
peal to courts.
'Loss of earning S75 funeral
expenses; $20 per month if single,
power shall excecd
widow or invalid wid
525 i married; for each
5 per cent.” *
ower receives $20 monthchild under 16 years, 55
ly until death or remar
per month, not over $35
riage; cach child under
m nil. to be paid during
16, 55 per month; total
disability.
not to excecd $35.
-More than 10 days.., S50 funeral expenses; SI ,000 $1,000 if single SI,20-0 if
to widow or invalid wid
wife or invalid husband;
ower, 560 per year for
560 i>er year for cach
each chila under 16,
child under 16; total not
total not over $2,000 for
over $3,000 for all.
all.
I
Proportionate; not over
51,500.
50 per ccnt of benefits
added for first 6 months
of total temporary disa
bility; not more than 60
per cent of wages i n all.
Claim in 1 year..
Industrial
insur
ance department;
arpcal to courts.
50 per ccnt of wage loss;
$12 per week maximum;
total not over M.ixh):
talurte.* r"
Em plover must give proof
of financial ability (de
posit of securities may
be required) or procure
State, mutual, or pri
vate insurance.
SI>0dlU'd
More than 2 woeks.. 5100 funeral expenses; C6J per cent during con
widow or dependent
tinuance, S5 minimum,
widower, 30 per cent of
315 maximum.
wages until death or re
marriage; 10 per cent
additional for each child
under IS years, total not
over 663 percent.
Employer must insure, .......do.,
Fa!al accidents not cov 50 per cent of wages for
maintain a p p r o v e d
ered.
500 weeks; Sti m inim um ,
scheme, or give proof of
S10 maximum: one-half
solvency.
of present worth to non
resident aliens.
663 per cent of wace de
crease, fixed scalo for
specified injuries 55
minimum, * 1,5 maxi
mum; for ccnatn mann
ings, 520 maximum.
lJuring first GO days.
50 per cent of waijo loss
for 300 weeks: fixed scalo
for specified injuries.
During first 15 days.
Payments aro mado from
regular appropriations.
More than 15 days..
1 year’s earnings...............
Same pay as if employed,
not to exceed 1 year.
All benefits cease when
able torosumo work.
Stato control of Employ
ees' Insurance Associa
tion,
More than 2 weeks .. 663 per cent of wages for
5On weeks, S4 minimum,
S10 maximum; no de
pendents, S200.
Insurance is under State
control.
More than 1 week
(payment
from
date of injury if
disability lasts 3
weeks or more).
66= per cent of wages for
not over 500 weeks, SI
mmimum, $10 maxi
mum, total not to ex
ceed 51,000.
50 per cent of earnings for
100 months; $20 mini
mum, SG0 maximum,
not to exceed $5,000.
COjj per cent of wage loss;
510 maximum, for not
more than 500 weeks;
fixed rates for specified
injuries.
50 per cent of wago de
crease; SW maximum,
for not more than 60
months; fixed rates for
specified injuries.
Excluded.
i
In su ra n ce, elective.
Massachusetts. Ch. 751. Ap
proved July 28,1911. In effect
July 1, 1012. Amended, chs.
571,1912;690,740,1913; 33S, 70S,
1911: 123,275,314, 1915.
Kevada (compulsory as to State
and municipalities). Ch. 1S3.
Approved Star. 21, l'Jll. In
effect July I, 1911. New act,
ch. I l l , 1913. Amended, ch.
190,1915.
Oregon.
Ch. 112.
Approved
Feb. 25.1913. In effect Julv 1,
1913. Amended, ch. 271,1915,
Texas. Ch. 179. Approved Apr.
16,1013. In effect Sept. 1,1913.
West Virginia. Ch. 10. Ap
proved freb. 22,1913. In effect
Oct. 1,1013. Amended, Feb.
20, Mar. 13,1915.
All (employees not in
usual course of trade,
etc., exceptcd).
All excent domestic and
agricultural labor.
Hazardous (enumerated
lis:).i
Employers of more than
5 persons, except rail
ways, cotron gins,
and domestic and
agricultural
labor
(casual employees ex
cepted).
All except domestic and
agricultural labor (cas
ual employees ex
cepted).
Bv subscribing to Presumed in ab Assumed risks, fellow Not permitted after elec Employer must in .......do..
S t a t e associa
sence of written
tion of insurance svssure in author
service, and contribu
tion or insuring
n o t i c o , if em
ized company or
tory negligence, except
in other com
ployer insures.
State association.
in ‘domestic and farm
pany.
labor.
Presumed, in ab- Presumed, in ab Assumed risks and fellow Not permitted after em Forbidden............... Employer, except
senco of noticc
sence of notice
ployer's election, unless
fur medical, etc.,
service;
contributory
posted in estab
to employer and
he is in default on pre
negligcnco cxcept will*
services, to which
lishment a n d
filed with com
miums.
employeo
mav
ful.
filed with com
mission.
give $1 per month.
mission.
Presumed in hazard Presumed in ab ....d o ..............
Permitted if injury was
Employee 1 cent for
ous employments
sence of written
due to employer’s fail
each day worked:
in absence of no
noticc,
if em
ure to comply with
employer
fixed
tico posted in
ployer elects.
safety laws or his inten
premiums; Stale
est abli shment
tion to injure, or em
subsidy.
and filed with
ployer is in default on
commission;
insurance premiums.
other employers
filo acceptance.
By subscribing to No option................. Assumed risks and fellow Not permitted against No waiver permit Employer.,
State association
service;
contributory
employers accepting in
ted:
insurance
or insuring in
negligence to be meas
surance system except
with other com
other
company
for willful or gross neg
panies must con
ured.
and notifying em
ligence causing death.
form to law.
ployees.
By payment of
prem'lum and
posting noticc.
Remaining in serv Assumed risks, fellow serv
icc with notice of
ice, contributory negli
employer’s elec
gence, and negligence of
tion.
statutory employee.
S125 burial expenses; 10 to
00 per cent of earnings
for ICO months, Sl.'0
minimum, SOO maxi
mum, total not to ex
ceed S6,000.
___ do................................ A n r time................. S100 burial
expenses; 530 per month if single,
widow or invalid wid
$35 if dependent spouse,
ower, S30 per month
$6 additional for each
until death or remar
child, total not to ex
riage, 56 additional for
ceed $50 during dis
each child under 16,
ability.
total not to exceed ?50.
.do.
Not permitted after cm- Not permitted, but
Dover's election, unless
approved employ
le Is in default on pre
ers may give bond
miums or injury was
and carry own
risk.
due to his intent to in
jure.
Kmploycr, 90 per
cent;' employees,
10 per cent.
;dO.
Permitted if injury was
due to willful act of em
ployer, his failure to
comply with safety law,
or if he Is in default on
premiums.
Permitted in addition to
insurance benefits if in
jury resulted from de
liberate intention of
employer.
Approved schemes
or insurance per
mitted; must con
tribute to surplus
fund of Stale.
Employer..
.do.
Forbidden...............
___do___
I
In su ra n ce, com p u lsory .
Ohio. P. 524. Approved June
15,1911. In effect Jan. 1.1012.
Amended, pp. 72,396,1913; 193,
1914.
All employing 5 or more
workmen; elective as
to others (casual em
ployees excepted).
W ashington. Ch.74. Approved
Mar. 14,1911. In effect Oct. 1,
101 L Amended ch. 14S, 1013;
ch. 188,1015.
‘ Extr a hazardous”
(enumerated l i s t ) ;
elective as to all
others.
Wyoming. Ch. 121 . Approved
Feb. 27,1915. In effect Apr. 1,
1915.
' Extrahazardous”
(enumerated list) In
which 5 or more per
sons are employed.
Not permitted...............
No reduction of lia
bility allowed.
..d o ......................
1 Other employers may elect, but lose no defenses If they do not.
1 If complete disability still continues then a compensation during
durin life, equal annually to 8 per cent of the death benefit, not less than $10 per month.
...d o .....................
.do............................
More than 1 week..,
.do ............
60 per ccnt of wages for 60 per cent of wages for
360 weeks, So minimum,
not over 400 weeks; $5
515 maximum; no benefi
m inim um , $15 maxi
ciaries or creditors, $100.
mum.
$75 burial expenses; widow
or invalid widower, $20
monthly until death or
remarriage; 55 addi
tional for each child
under 15, total not to
exceed $35.
Fixed lump sums for
specified injuries; others
in proportion.
8 Abrogation is absoluto and does not depend upon the rejection of the act.
* Construed by industrial insurance department to exclude cases in which less than 5 per ccnt of a working month was lost.
Indudod.
P a r e n t s , widow,
wi dower,
and
children
i ncluded.
Included
Only father and
mother i ncludod
except
whero
ot h e r wi s e pro
vided by treaty.
COMPENSATION LEGISLATION, 1914, 1915— REVIEW*
11
ANALYSIS OF THE PRINCIPAL FEATURES OF THE LAWS.
The following analyses are of the same form as those appearing
at pages 49-74 of Bulletin No. 126. New acts as well as those so
amended as to make changes of importance in the items considered
are here shown.
ALASKA*
Date of enactment.—April 29,1915; in effect July 28, 1915.
Injuries compensated.—Personal injury causing disability for more than 2
weeks, or death, arising out of and in course of employment, not due to the
employee’s willful intention to injure himself or another, or to his intoxication.
Industries covered.—Mining operations in which 5 or more persons are em
ployed, unless election to the contrary is made (includes development and con
struction work, stamp and roller mills, reduction work and processes, coke
ovens, etc.)*
Persons compensated.—Private employment: All employees in industries cov
ered, contractors and subcontractors excluded. Public employment not included.
Burden of payment.—All on employer.
Compensation for death:
(а) If married, $3,000 to widow, $600 additional to each child under 16
years of age, and to dependent parent or parents if any; if no
widow, $3,000 to any minor orphans, and $600 additional to any
under 16; no total to exceed $6,000.
(б) If unmarried, and dependent parent or parents, $1,200 to each.
(c) If no dependents, funeral expenses not to exceed $150, and other ex
penses, if any, to same amount
Compensation for disability:
(a) Total permanent: $3,600 to workman alone; $1,200 additional if wife
is living; $600 additional for each child under 16; total not to exceed
$6,000. If no wife or children, $600 to each dependent parent.
(&) Total temporary disability: 50 per cent of weekly wages for not over
6 months.
(o) Partial permanent disability: Fixed sums for specified injuries, vary
ing with conjugal condition and number of children.
Revision of ’benefits.—Readjustment must be made if within 2 years an injury
develops or proves to be such as to warrant a different award from any pre
viously made.
Insurance.—No provision.
Security of payments.—Attachment may be had pending result of action, or
employer may deposit cash or bond with court. Payments are exempt from
execution.
Settlement of disputes.—By courts, either with or without jury trial.
12
BULLETIN OF THE BUKEAU OF LABOR STATISTICS.
CANAL ZONE.
Date of enactment.—August 24, 1912. Executive order February 26, 1913;
in effect March 1, 1913. [Suspended.] New order March 20, 1914; in effect
April 1, 1914.
Injuries compensated.—Personal injuries causing disability of over 7 days,
or death, provided the injury is not intentionally brought about nor the result
of intoxication.
Industries covered.—The construction, maintenance, operation, or sanitation
of the canal, Panama Railroad, or auxiliary canals, locks, or other subsidiary
enterprises.
Persons compensated.—Private employment: Employees of the Panama Rail
road Co. directly engaged in the work named above. Public employment: Em
ployees of the United States employed in the Canal Zone in the work named
above.
Burden of payment.—The entire cost rests upon the employer.
Compensation for death:
(a) Burial or transportation of body of deceased.
(b) To widow alone, 25 per cent of the monthly wages of the deceased,
with addition of 10 per cent for each child, the total not to exceed
35 per cent, unless there be children by a former marriage, when
it may l?e 50 per cent, for 8 years.
(c) If no parent is left, to one child 25 per cent, and not more than 50
per cent of the wages for 2 or more.
(d) To parents, brothers, sisters, grandchildren, and grandparents, such
sums as the governor may determine, the total not to exceed 50
per cent of the wages, awards to other beneficiaries being reduced
if necessary.
Payments cease on the death or remarriage of a beneficiary, or on his
ceasing to be dependent, and are then to be redistributed, but may
in no case extend beyond 8 years.
Compensation for disability:
(a) Reasonable medical, surgical, and hospital services and supplies.
( b) For permanent total disability, a monthly payment beginning with the
fifth day equal to 75 per cent of pay for 3 months, then 50 per cent
until 8 years are completed..
(c) For temporary disability, 75 per cent of monthly pay for 3 months,
then 50 per cent until the completion of special periods for desig
nated injuries (fractures) ; proportionate awards for other injuries.
(d) For permanent partial disability, a monthly payment equal to 75 per
cent of monthly wages for 3 months, then 50 per cent of wages until
completion of fixed periods for specified injuries; others propor
tionate. If employee is able to work during such period, 75 per
cent of wage loss.
Conversion to lump-sum payments is provided for.
Revision of benefits.—The governor of the Panama Canal Zone may at any
time review the compensation previously fixed.
Insurance.—No provision.
Security of payments.—Under Government control.
Settlement of disputes.—The governor of the Canal Zone decides all ques
tions arising under this order or in regard to the interpretation thereof.
COMPENSATION’ LEGISLATION, 1914, 1915— REVIEW.
13
COLORADO.
Date of enactment.—April 10, 1915; in effect August 1, 1915.
Injuries compensated.—Injuries caused by accident arising out of and in
course of employment, not intentionally self-inflicted or intentionaUy inflicted
by another, and causing death within 2 years or disability for more than 3
weeks.
Industries covered.—All except interstate commerce and domestic and agri
cultural labor in which 4 or more persons are employed in which employers
elect to come under the act; others may elect, but lose no defenses if they do
not. Public service under State, municipalities, school or irrigation districts,
etc.
Persons compensated.—Private employment: Every person in the service of
another under any contract of hire, express or implied, casual employees ex
cepted. Public employees: All under any appointment or contract of hire;
elective officials excluded.
Burden of payment.—All on employer.
Compensation for death:
(а) To persons wholly dependent, 50 per cent of the weekly wages for
6 years, $8 maximum, total not to exceed $2,500 nor to be less than
$1,000. If death occurs from any cause during receipt of disability
benefits, any unaccrued and unpaid remainder goes to dependents.
(б) If only partial dependents survive, 50 per cent of the weekly wages,
$8 maximum, for such part of 6 years as the commission may
determine, total not to exceed $2,500. If death occurs from any
cause during the receipt of disability benefits, partial dependents
shall receive not more than four times the amount contributed by
the deceased during his last year of employment, the aggregate of
disability and death benefits not to exceed $2,500.
(c) If no dependents, $100 funeral expenses.
(#) Payments to widow or dependent widower cease on death or remar
riage; to children, on reaching the age of 18, unless physically inca
pacitated from earning.
Compensation for disability:
(a) Medical and surgical assistance for first 30 days, not more than $100
in value.
(ft) For total disability, 50 per cent of weekly wages during continuance,
$5 minimum, $8 maximum; full wages if less than $5.
(c) For partial disability, 50 per cent of the weekly wage decrease, $8
maximum; total not to exceed $2,080.
(d) Special schedule for specified injuries, 50 per cent of weekly wages
for periods ranging from 4 to 208 weeks.
Payments may be commuted to a lump sum after 6 months.
Revision of benefits.—Awards may be changed within 15 days after making,
on discovery of mistake, and may be appealed from within 60 days.
Insurance.—Insurance in State fund, stock or mutual company, or proof of
financial ability to make payments is required.
Security of payments.—Insurers are primarily liable to a workman or his
beneficiaries entitled to benefits; notice to employer is notice to insurer; in
solvency of employer does not release insurer. Claims are not assignable, and
payments are exempt from attachment or execution.
Settlement of disputes.—Disputes are determined by the industrial commis
sion, with limited appeal to courts.
14
BULLETIN" OF THE BUREAU OF LABOR STATISTICS.
CONNECTICUT.
Date of enactment.—May 29, 1913; in effect January 1, 1914; amended, chap
ter 288, Acts of 1915.
Injuries compensated.—All injuries arising out of and in the course of em
ployment, disability of more than 10 days, or death, except when injury is
caused by willful and serious misconduct of the injured employee, or by his
intoxication.
Industries covered.—All industries in which 5 or more persons are employed,
in absence of contrary election by employer.
Persons compensated.—Private employment: All employees of employers ac
cepting the act, in absence of contrary election, outworkers and casual employees
excepted. Public employment: Employees of the State and any public corpora
tion within the State using the services of another for pay.
Burden of payment.—Entire cost rests upon the employer.
Compensation for death:
(a) $100 for burial expenses.
(b) To persons wholly dependent, a weekly compensation equal to one-half
the earnings of the deceased employee.
(c) If only partial dependents survive, a weekly compensation, determined
according to the measure of dependence, not exceeding one-half the
earnings of the deceased employee.
(d) Compensation shall in no case be more than $10 or less than $5 weekly,
and shall not continue longer than 312 weeks.
A widow’s or widower’s dependence ceases with remarriage, and a
child’s upon reaching 18 years of age, unless physically or mentally
incapacitated.
If a widow or dependent widower remarries or dies during the term
of benefit payments, subsequent payments go to other dependents,
if any.
Compensation for disability:
(a) Medical and surgical aid and hospital service during the first 30 days.
(b) For total disability, a weekly compensation equal to one-half the
employee’s earnings, not more than $10 or less than $5 weekly, or for
longer than 520 weeks.
(c) For partial disability, a weekly compensation equal to one-half the
wage loss, but not more than $10 per week, or for longer than 312
weeks. For specified injuries causing permanent partial disability,
one-half the average weekly earnings for fixed periods in lieu of all
other payments.
Lump-sum payments may be approved by the commissioner, provided
they equal the value of the compensations.
Revision of benefits,—Review may be had upon request of either party, when
ever it shall appear to the compensation commissioner that the incapacity or
the measure of dependence has changed.
Insurance.—Approved schemes may be substituted provided the benefits are
equivalent to those provided by law. Insurance may be taken in approved stock
or mutual companies or associations.
Security of payments.—Employer must furnish the insurance commissioner
satisfactory proof of his solvency and financial ability to pay awards, file satis
factory security with the insurance commissioner, or insure in approved stock
or mutual companies or associations.
Settlement of disputes.—Disputes are to be settled by the compensation com
missioners. Appeals from findings and awards of any commissioner may be
made to the superior court of the county without cost to either party.
COMPENSATION LEGISLATION, 1914, 1915— REVIEW.
15
HAWAII.
Date of enactment.—April 28, 1915; in effect July 1, 1915.
Injuries compensated.—Personal injury by accident arising out of and In
course of employment, causing disability for more than 14 days or death within
two years, and not due to the employee’s intention to injure himself or another
or to his intoxication.
Industries covered.—All public and all industrial employment.
Persons compensated.—Private employment: All persons under contract of
employment or apprenticeship, other than casual employees, whose pay does
not exceed $36 per week. Public employment: All except elective officials and
employees who receive salaries in excess of $1,800 per year.
Burden of payment.—All on employer.
Compensation for death:
(a) $100 funeral expenses if death occurs within 6 months after the injury.
(&) 40 per cent of average weekly wages to widow or dependent widower
alone, 50 per cent if 1 or 2 dependent children, 60 per cent if 3 or
more; 30 per cent to 1 or 2 orphans, 10 per cent additional for each
child in excess of 2, total not to exceed 50 per cent. If no consort
or child, but other dependents, 25 to 40 per cent.
(c) Payments to widow cease on death or remarriage, and to widower on
termination of disability or remarriage; to child on reaching age of
16, unless incapable of self-support, when they may continue to 18;
to other beneficiaries, on termination of disability; no payments
except to children to continue longer than 312 weeks. Basic wages
not less than $5 nor more than $36 weekly.
Compensation for disability:
(a) Reasonable surgical, medical, and hospital services for first 14 days,
not exceeding $50 in amount.
(&) For total disability, 60 per cent of weekly wages, $3 minimum, $18
maximum, for not longer than 312 weeks; total not to exceed $5,000.
If wages are less than $3, full wages will be paid unless disability
is permanent, when $3 will be paid.
(c) For partial disability, 50 per cent of wage decrease, $12 maximum,
not over 312 weeks, total not to exceed $5,000; fixed awards for
specified injuries.
Payments may be commuted to one or more lump sums in any case.
Revision of benefits.—Agreements and awards may be reviewed at any time,
not oftener than once in 6 months.
Insurance.—Private employers must carry insurance, secure guaranty insur
ance, deposit security, or furnish proof of financial ability to make payments.
Security of payments.—Payments are preferred claims, the same as wage
debts. Employees have direct recourse to insuring company; insolvency of
employer does not release insurer.
Settlement of disputes.—Industrial accident boards for each county; appeals
to courts.
16
BULLETIN* OF THE BUBEAU OF LABOB STATISTICS.
ILLINOIS.
Date of enactment.—June 10, 1911; in effect May 1, 1912. New act, June 28,
1913; in effect July 1, 1913; amended June 28, 1915.
Injuries compensated.—Accidental injuries arising out of and in the course
of employment causing permanent disfigurement, disability of over 6 working
days, or death.
Industries covered.—The building trades; construction, excavating, and elec
trical work; transportation; mining and quarrying; work with or about ex
plosives, molten metals, injurious gases or vapors, or corrosive acids, and all
enterprises in which the law requires protective devices, provided the employer
elects. Other employers may elect, but forfeit no defenses if they do not.
Compulsory as to State and its municipalities.
Persons compensated.—Private employment: All employees. Public employ
ment: All persons employed by the State, county, municipality, etc., except
officials.
Burden of payment.—Entire cost rests on the employer.
Compensation for death:
(а) To persons wholly dependent or to lineal heirs to whose support the
employee had contributed within 4 years, a sum equal to 4 years’
earnings, not less than $1,650 nor more than $3,500.
(б) If only dependent collateral heirs survive, such a percentage of the
above sum as the support rendered during the last two years was of
the earnings of the deceased.
(c) If no dependents, a burial benefit not exceeding $150.
Compensation for disability:
(a) Medical and surgical aid for not over 8 weeks, not over $200 in value.
(&) For total disability, beginning with eighth day (second day of per
manent), a weekly sum equal to one-half the employee’s earnings,.
$6 minimum, $12 maximum, during disability or until payments
equal a death benefit; thereafter, if the disability is permanent, a
sum annually equal to 8 per cent of a death benefit, but not less
than $10 per month.
(c) For permanent partial disability, one-half the loss of earning capacity,
not more than $12 per week.
(d) For certain specific injuries (mutilations, etc.), a benefit of 50 per
cent of weekly wages for fixed periods.
(e) For serious and permanent disfigurement, not causing incapacity and
not otherwise compensated, a sum not exceeding one-fourth the death
benefits.
No payments are to extend beyond 8 years, except in case of perma
nent total incapacity.
Lump-sum payments for either death or disability may be substituted
by the industrial board for periodic payments.
Revision of benefits.—Medical examination may be had not oftener than every
4 weeks. The industrial board may, on request, review installment payments
within 18 months after the award or agreement thereon.
Insurance.—The employer may insure or maintain a benefit system, but may
not reduce his liability under the act.
Security of payments.—In case of insolvency, awards constitute liens upon
all property of the employer within the county, paramount to all other claims,
except wages, taxes, mortgages, or trust deeds.
Employers must furnish proof of ability to pay, or give security, insure, or
make other provision for security of payment. The rights of an insolvent em
ployer to insurance indemnities are subrogated to injured employees.
Settlement of disputes.—Disputes are determined by the industrial board
through an arbitrator or arbitration committee, subject to review by the
board. Questions of law may be reviewed by the courts.
COMPENSATION LEGISLATION, 1914, 1915— REVIEW.
17
INDIANA.
Date of enactment.—March 8, 1915; in effect September 1, 1915.
Injuries compensated.—Personal injury causing disability for more than 2
weeks, or death by accident arising out of and in course of employment, not
due to willful misconduct, intention to injure self, intoxication, or willful fail
ure or refusal to use safety appliance or perform duty required by statute.
Industries covered.—All except interstate and foreign commerce, for which
Federal laws make provision, and domestic and agricultural labor, unless
employer make contrary election; compulsory as to State and its municipalities.
Persons compensated.—Private employment: All employees and contractors’
employees engaged upon the subject matter of the contract; casual employees
are excepted. Public employment: All employees.
Burden of payment.—All on employer.
Compensation for death:
(а) $100 for funeral expenses, if death from the injury occurs within 300
weeks.
(б) 50 per cent of weekly wages to persons wholly -dependent; to those
partially dependent, amounts proportionate to decedent’s contribu
tions to their support. The term of payment is limited to 300 weeks
from the receipt of the injury.
(c) Payments cease on remarriage of widow or dependent widower, or on
children attaining the age of 18 years, unless mentally or physically
disabled for earning. Wages are to be considered as not above $24
nor less than $10 weekly, no total to exceed $5,000.
Compensation for disability:
(a) Medical and hospital services for first 30 days, and longer at option
of employer; employee must accept unless otherwise ordered by
industrial board.
(5) For total disability, 55 per cent of wages for not more than 500 weeks.
(c) For partial disability, 50 per cent of wage loss for not more than 300
weeks.
(d) For certain specified injuries, 55 per cent o f wages for designated
periods ranging from 15 to 200 weeka
Wage basis and total amounts are limited as for death benefits.
Any payments may be commuted to a lump sum after 26 weeks.
Revision of benefits.—Awards may be reviewed at any time by industrial
board on its own motion or the request of either party, but without retroactive
effect.
Insurance.—Required unless satisfactory proof of financial ability to meet
payments.
Security of payments.—Contracts of insurance must inure directly to the
benefit of the person entitled to payments under an award. Payments have
same preference and priority as unpaid wages, and are exempt from claims of
creditors.
Settlement of disputes.—Disputes are determined by the industrial board, with
appeal to courts on questions of law.
7044°—Bull. 185—15----- 2
18
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
LOUISIANA.
Date of enactment.—June 18, 1914; in effect January 1,1915.
Injuries compensated.—Personal injury by accident arising out of and in
course of employment causing disability for more than 2 weeks, or death within
1 year, and not due to willful intention to injure, to intoxication, to deliberate
failure to use safeguards, or to deliberate breach of safety laws.
Industries covered.—Hazardous trades, businesses, or occupations in absence
of contrary election; extensive list, and others may be so adjudged or brought
within the act by voluntary agreement. Compulsory as to employees of the
State and its municipalities and public boards.
Persons compensated.—Private employment: Every person performing serv
ices arising out of and incidental to his employer's trade, business, or occupa
tion, if the same is within the act. Public employment: Every person in the
service of the State, etc., except officials.
Burden of payment.—All on employer.
Compensation for death:
(a) $100 expenses of last sickness and burial.
(&) To widow or dependent widower alone, 25 per cent of weekly wages,
40 per cent if 1 child, and 50 per cent if 2 or more. I f 1 child alone,
25 per cent, 40 per cent for 2. and 50 per cent for 3 or more. For 1
dependent parent, 25 per cent; for 2, 50 per cent; if 1 brother or
sister, 25 per cent and 10 per cent additional for each other. The
total in no case may exceed 50 per cent of the weekly wages, $3
minimum payment, $10 maximum, for not over 300 weeks. Payment
to any beneficiary ceases on death or marriage, to children on reach
ing the age of 18, unless mentally or physically incapacitated.
Compensation for disability:
(a) Reasonable medical, surgical, and hospital service, not to exceed $100
in value.
(b) For total disability, 50 per cent of the weekly wages, $3 minimum,
$10 maximum, for not more than 400 weeks.
(c) For partial disability, 50 per cent of the wage loss, not over $10, for
not more than 400 weeks.
(d) Fixed schedule for specified injuries, for periods from 10 to 150 weeks.
Payments in any case may be commuted to a lump sum on agreement
of the parties and approval by the courts.
Revision of benefits.—Judgments may be modified at any time by agreement
of the parties and approval by the courts; or after 1 year, they may be reviewed
by the court on application of either party.
Insurance.—Not required.
Security of payments.—Policy of insurance must give claimants right to direct
payment regardless of the default or bankruptcy of the employer. Compensa
tion payments have the same preference as wage debts.
Settlement of disputes.—Disputes are settled by judges o f the courts in
simple, summary procedure.
COMPENSATION LEGISLATION, 1914, 1915— REVIEW.
19
MAINE.
Date of enactment.—April 1,1915; in effect January 1, 1916.
Injuries compensated.—Injury sustained in course of employment, causing
disability for more than 2 weeks, or death, not due to willful intention to injure
himself or another, and not due to intoxication unless fact or habit of intoxica
tion was known or cognizable to employer.
Industries covered.—All except agricultural and domestic labor, and seamen
in interstate or foreign commerce, in which more than 5 persons are employed,
if employer elects. Abrogation of defenses does not affect cutting, hauling,
driving, or rafting of logs.
Persons compensated.—Private employment: All persons in industries cov
ered, casual employees excepted. Public employment: Employees of State, cities,
and counties, and of towns accepting the provisions of the act, other than
officials.
Burden of payment.—All on employer. If employees contribute to substitute
scheme, additional proportionate benefits must be paid.
Compensation for death:
(a) To persons wholly dependent, 50 per cent of weekly wages for 300
weeks, $4 minimum, $10 maximum.
(ft) If only partial dependents survive, amounts proportionate to their de
gree of dependency, for 300 weeks.
(c) If only 1 wholly dependent and more than 1 partly dependent person
survives, payments are to be divided according to the relative extent
of dependency.
(d) If no dependents, not above $200 expenses of last sickness and burial.
Payments to children cease at age of 18 unless mentally or physically
incapacitated for earning a living.
Compensation for disability:
(a) Reasonable medical and hospital services during first 2 weeks, not
over $30 in value, unless by agreement or order of commission a
larger amount is provided for.
(ft) For total disability, 50 per cent of the wages for not more than 500
weeks, $4 minimum, $10 maximum, total not to exceed $3,000.
(c) For partial disability, 50 per cent of the weekly wage loss, not over
$10, for not more than 300 weeks. For specified injuries causing
permanent partial disability, 50 per cent of the wages for various
fixed periods, then compensation on basis of wage loss, if any, for
not more than 300 weeks in all.
Lump-sum payments may be approved by the commission after weekly
payments for not less than 6 months.
Revision of benefits.—Agreements or awards may be reviewed at the instance
of either party at any time within 2 years.
Insurance.—Insurance in approved companies is required unless the em
ployer gives satisfactory proof of solvency and makes deposit or bond to secure
payments.
Security of payments.—Insurance as above. Claims have same preference
over unsecured debts as do wages for labor.
Settlement of disputes.—Disputes are to be settled by the industrial accident
commission, with appeals to courts on questions of law.
20
BULLETIN" OF THE BUREAU OF LABOR STATISTICS.
MARYLAND.
Date of enactment.—April 16, 1914; in effect November 1, 1914.
Injuries compensated.—Accidental personal injury arising out of and in
course of employment, not due to willful intention or intoxication, and causing
disability for more than 2 weeks or death within 2 years.
Industries covered:—Extra-hazardous (enumerated lis t); others by joint
election of employers and employees. Farm and domestic labor, country black
smiths and wheelwrights are excluded.
Persons compensated.—Private employment: All in industries covered, ex
cept casual employees and those receiving more than $2,000 annually. Public
employment: Workmen employed for wages in extra-hazardous work, unless
the municipality makes other equal or better provision.
Burden of payment.—All on employer.
Compensation for death:
{a) Funeral expenses, not over $75.
(b) To persons wholly dependent, 50 per cent of the weekly wages for 8
years; not more than $4,250 nor less than $1,000.
(c) To persons partly dependent, 50 per cent of the weekly wages for
such portion of 8 years as the commission may fix, the amount not
to exceed $8,000.
(d) If no dependents, funeral expenses only.
(e) Payments to widow close on remarriage, and to children on reaching
the age of 16 years, unless mentally or physically incapacitated.
Compensation for disability:
(a) Medical, surgical, etc., expenses, not above $150 in value.
(b) For total disability, 50 per cent of weekly wages, $5 minimum, $12
maximum, for not over 8 years, total not to exceed $5,000. If wages
are less than $5, full wages will be paid.
(c) For partial disability, 50 per cent of weekly wage loss, $12 maximum,
total not over $3,000; specific periods for specified maimings.
Where the injured employee is a learner, with prospect of increase of
wages, this fact may be considered in fixing awards.
Payments may, in the discretion of the commission, be made in part
or in whole in lump sums.
Revision of benefits.—The commission may modify its findings and orders at
any time for justifiable cause.
Insurance.—Insurance in State fund, stock or mutual company, or proof of
financial ability, is required.
Security of payments.—Policies must permit action by commission to secure
payments to any person entitled. Payments may not be assigned, nor are they
subject to execution or attachment
Settlement of disputes.—Disputes are to be settled by the industrial accident
commission, with appeal to courts.
COMPENSATION LEGISLATION, 1914, 1915— REVIEW,
21
MASSACHUSETTS.
Date of enactment.—July 28, 1911; in effect July 1, 1912; amended, chapters
571,1912; 48, 448, 568, 696, 746, 1913 ; 338, 708, 1914; 123, 275, 314, 1915.
Injuries compensated.—Injuries arising out of and in the course of employ
ment causing incapacity for 2 weeks, or death, unless the injury is due to the
serious and willful misconduct of the injured employee.
Industries covered.—All industries if the employer so elects.
Persons compensated.—Private employment: All employees, except masters
of vessels and seamen engaged in interstate or foreign commerce and casual
employees. Public employment: The State shall, and any county, city, town or
district having power of taxation and accepting the act may, compensate its
laborers, workmen, and mechanics.
Burden of payment.—Entire cost rests upon the employer.
Compensation for death:
(a) To persons wholly dependent, a weekly payment equal to two-thirds
the average weekly wages of the deceased employee, but not less
than $4 nor more than $10, for a period of 500 weeks, the total not
to exceed $4,000.
(&) If only partial dependents survive, a sum proportionate to the portion
of earnings contributed to their support by the deceased employee.
(c) If no dependents, the reasonable expense of last sickness and burial,
not to exceed $200.
Children cease to be dependents at 18, unless mentally or physically
incapacitated from earning a living.
Compensation for disability:
(a) Reasonable medical and hospital services, and medicines as needed,
for the first 2 weeks after injury.
(&) For total disability, a sum equal to two-thirds the average weekly
wages, but not less than $4 or more than $10 per week, not exceeding
500 weeks, nor $4,000 in amount.
(e) For partial disability, two-thirds the wage loss, but not to exceed $10
per week, and for not longer than 500 weeks.
(#) In specified injuries (mutilations, etc.) two-thirds the weekly wages,
not exceeding $10 nor less than $4 per week, for fixed periods, in
addition to other compensation.
Lump-sum payments may be substituted in whole or part, after pay
ments for injury or death have been made for not less than six
months.
Revision of benefits.—Either party may demand a revision of payment at
any time. Employees must submit to medical examination to determine their
physical condition when requested by the employer.
Insurance.—Employer must become a subscriber of the State Employees’ In
surance Association or insure in some authorized liability insurance company.
Security of payments.—The State controls the State Employees’ Insurance
Association, and other companies must be authorized by the State to do busi
ness.
Settlement of disputes.—On request of either party, the industrial accident
board calls for a committee of arbitration, whose decision is subject to review
by the industrial accident board.
22
BULLETIN OP THE BUREAU OF LABOB STATISTICS,
MINNESOTA.
Date of enactment.—April 24,1913; in effect October 1, 1913; amended, chap
ters 193, 209, 1915.
Injuries compensated.—Injury by accident arising out of and in the course
of employment causing disability for more than 2 weeks, or death, unless in
tentionally caused, or due to the intoxication of the injured person.
Industries covered.—All excepting common carriers by steam railroad and
farm and domestic service, in the absence of contrary election by employers.
Persons compensated.—Private employment: All employees, including aliens
and minors, in the absence of contrary election, casual employees excepted.
Public employment: All persons in the service of a county, city, town, village,
or school district, excluding public officials elected or appointed for regular
terms.
Burden of payment.—Cost rests upon the employer.
Compensation for death:
(a) $100 funeral expenses.
(&) To a widow alone, 35 per cent of monthly wages of deceased, increasing
to 60 per cent if 4 or more children; to a dependent husband alone,
25 per cent; to a dependent orphan, 40 per cent, with 10 per cent
additional for each additional orphan, with a maximum of 60 per
cent; to the dependent parent or parents, if no dependent widow,
widower, or children, 30 per cent if 1 parent and 40 per cent if both
survive; if none of the foregoing, but a brother, sister, grandparent,
mother-in-law, or father-in-law is wholly dependent if but 1 such
relative, 25 per cent, or if more than 1, 30 per cent, divided equally.
(c) If only partial dependents survive, that proportion of benefits provided
for actual dependents which contributions bore to wages earned.
(<Z) When no dependents are left, expense of last sickness and burial not
exceeding $100, in addition to medical and hospital services provided
in case of disability.
Payments continue for not more than 300 weeks, and cease when a
minor child reaches the age of 18, unless physically or mentally in
capacitated from earning, and upon the death or marriage of other
dependents unless otherwise specified.
Compensation for disability:
{a) Reasonable medical and surgical treatment, not exceeding 90 days nor
$100 in value, unless ordered in exceptional cases, when $200 is the
limit.
(b) For total disability, 50 per cent of wages.
(c) For temporary partial disability, 50 per cent of the wage loss.
(#) For specified permanent partial disability (mutilations, etc.), 50 per
cent of the earnings for fixed periods.
Payment for death or disability may not be less than $6.50 nor more
than $11 per week, unless the wages were less than $6.50, when the
amount of wages is paid. Payments may not extend beyond 300
weeks except for permanent total disability, when the maximum is
400 weeks, with payments of not more than $6.50 per week thereafter
for 150 weeks, the total not to exceed $5,000.
Lump sums may be substituted for periodical payments, but in case of
compensation for death, permanent total disability, or certain maimings the consent of the court must be obtained.
Revision of benefits.—After six months from the date of an award either
party may apply to the court for revision. The employee must submit to medical
examination when requested.
Insurance.—Employers may insure in any authorized company, stock or
mutual, or maintain cooperative schemes, assuming other and greater risks, and
other classes of industrial insurance.
Security of payments.—Insured workmen have an equitable lien upon any
policy becoming due, and in case of the employer’s incapacity the insurer shall
make payment directly to them. Claims to compensation have the same prefer
ence against the assets of the employer as unpaid wages.
Settlement of disputes.—Either party may submit a claim to the judge of the
district court, who shall determine such dispute in a summary manner, subject
to review by the supreme court as to questions of law.
COMPENSATION LEGISLATION, 1914, 1916— REVIEW.
23
MONTANA.
Date of enactment.—March 8,1915; in effect July 1,1915.
Injuries compensated.—Injuries arising out of and in course of employ
ment, resulting from some fortuitous event, causing death or disability of more
than 2 weeks’ duration.
Industries covered.—“All inherently hazardous works and occupations,” in
cluding manufactures, construction work, transportation, and repair of the
means thereof, and any hazardous occupation or work not enumerated, in
which employers elect, but not including agricultural, domestic, or casual labor.
Persons compensated.—Private employment: All persons other than inde
pendent contractors, employed in the industries covered, whether as manual
laborers or otherwise, except casual employees. Public employment: All em
ployees in the industries covered.
Burden of payment.—All on employer except that contributions may be ar
ranged for hospital fund.
Compensation for death:
(a) $75 for funeral expenses, if death occurs within 6 months of injury.
(&) To beneficiaries (widow, widower, child or children under 16, or
invalid child above 16) 50 per cent of wages of the deceased if
residents of the United States; if not, 25 per cent, unless otherwise
required by treaty. To major dependents (father or mother) in
case there are no beneficiaries, 40 per cent. To minor dependents
(brothers or sisters actually dependent), if no beneficiary or major
dependent, 30 per cent. Nonresident alien dependents receive nothing
unless required by treaty, nor do beneficiaries if citizens of a Gov
ernment excluding citizens of the United States from equal benefits
under compensation laws. Term of payments may not exceed 400
weeks, $10 maximum, $6 minimum; if wages less than $6, then full
wages. Payments cease on remarriage of widow or widower, or
when child, brother, or sister reaches the age of 16, unless an invalid.
Compensation for disability:
(a) Medical and hospital services during first 2 weeks after happening of
injury, not over $50 in value, unless there is a hospital contract.
(b) For total temporary disability, 50 per cent of wages during disability,
$10 maximum, $6 minimum, unless wages are less than $6, when
full wages will be paid, for not more than 300 weeks.
(c) For total permanent disability, same scale as above for 400 weeks,
then $5 per week while disability continues.
(d) For partial disability, 50 per cent of the wage loss, wages and bene
fits not to exceed $10 nor fall below $6 in amount, unless wages
at time of injury were less than $6; payments to continue not more
than 150 weeks for permanent cases, and 50 weeks where disability
is temporary.
(e) For maimings, compensation of same scale and limits as in (b) for
terms ranging from 3 to 200 weeks.
Periodical payments may in any case be converted in whole or part to
lump sums.
Revision of benefits.—Decisions and awards may be rescinded or amended
at any time by the industrial accident board, for good cause.
Insurance.—The employer may carry his own risk on a showing of financial
ability; security may be required for probable liabilities and must be given
when a continuing payment is ascertained. Insurance may be carried in any
company authorized to do business in the State, or the employer may con
tribute to a State fund.
Security of payments.—In case of bankruptcy, etc., liabilities under this act
are a first lien upon any deposit made by an employer, and if this is not suffi
cient, then on any property of the employer or insurer within the State, and
shall be prorated with other lienable claims.
Settlement of disputes.—Proceedings to determine disputes under the act
must be instituted before the board and not elsewhere; limited appeal to courts.
24
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
NEVADA.
Date of enactment.—March 15,1913; in effect July 1, 1913; amended, chapter
190, 1915.
Injuries compensated.—Injuries arising out of and in course of employment,
causing incapacity to earn full wages for more than 7 days or death, except
when caused by- the employee’s willful intention to injure himself or another
or the injury is sustained while intoxicated.
Industries covered.—All except domestic and farm labor in the absence of
contrary election, compulsory as to the State and its municipalities.
Persons compensated.—Private employment: All employees in the industries
covered. Public employment: All employees.
Burden of payment.—The entire cost rests on the employer, except that he
may deduct $1 per month from each employee’s wages for medical, etc., expenses.
Compensation for death:
(а) Burial expenses not to exceed $125.
(б) To dependent widow or widower alone, 40 per cent of the average
monthly wages, total not to exceed $4,0000; if 1 or 2 children, 50
per cent, $5,000 maximum; if .3 or more children, 60 per cent, $6,000
maximum. Payments may not be less than $20 nor more than $60
monthly nor continue more than 100 months. Orphans under 16
receive sums fixed by the commission, $10 minimum, $35 maximum,
for periods also fixed by the commission. Partial dependents re
ceive in proportion to the contributions of the deceased to their
support at the time of his death for periods not exceeding 100
months.
Compensation for disability:
(a) Reasonable medical, surgical, and hospital aid for not more than
four months.
(b) For total disability, an amount equal to one-half the average monthly
wages, but not less than $20 nor more than $60 for 100 months, the
total not to exceed $5,000.
(c) For partial disability, one-half the loss of earning capacity, but not
more than $40 per month for not more than 60 months.
(d) For certain specific injuries (mutilations, etc.), a monthly payment
equal to one-half the monthly wages for fixed periods.
No compensation is payable for tlie first week of disability, but if it
continues 3 weeks or longer compensation is paid from the date of
the injury.
The industrial commission may permit the substitution of lump sums
for monthly payments in an amount not exceeding $5,000.
Revision of benefits.—Readjustment of compensation may be made by the
commission on application therefor.
Insurance.—Employers coming under this act must insure in the State insur
ance fund.
Security of payments.—State management of the insurance fund and collec
tion of premiums by the State. Payments are not assignable and are exempt
from attachment, etc.
Settlement of disputes.—All matters relating to the amount of compensation
to be paid are determined by the industrial commission.
COMPENSATION LEGISLATION, 1914, 1915— REVIEW,
25
OKLAHOMA.
Date of enactment.—March 22, 1915; in effect September 1, 1915.
Injuries compensated..—Personal injuries causing disability for more than 2
weeks arising out of and in course of employment not due to the willful inten
tion of the injured employee to injure himself or another, intoxication, or will
ful failure to use statutory safeguard. Fatal injuries not covered.
Industries covered.—“ Hazardous” (enumerated list and general clause), in
which more than 2 persons are employed, including work by State or municipali
ties; agriculture, stock raising, retail stores, and interstate railways not in
cluded.
Persons compensated.—Private employment: Persons engaged in manual or
mechanical work or labor in industries covered. Public employment: Workmen
employed for wages in any hazardous work within meaning of this act
Burden of payment.—All on employer.
Compensation for death.—Fatal injuries not covered.
Compensation for disability:
{a) Necessary medical, surgical, or other treatment for first 15 days.
(b) For temporary total disability, 50 per cent of average weekly wages
for not more than 300 weeks.
(c) For permanent total disability, 50 per cent of average weekly wages
for not more than 500 weeks.
(d) For permanent partial disability, 50 per cent of wage loss for not more
than 300 weeks; for specified injuries, 50 per cent of weekly wages
for fixed periods in lieu of other compensation.
Payments may not exceed $10 per week nor be less than $6 unless
wages were less than $6, when full wages will be paid. Periodical
payments may be commuted to lump sums, and aliens who are non
residents may have payments commuted to lump sums equal to onehalf of the value of the present worth.
Revision of benefits.—Awards may be reviewed at any time on application of
any party in interest.
Insurance.—Insurance, the maintenance of a benefit fund, or proof of ability
to make compensation payments is required.
Security of payments.—Insurance companies or fund systems must be ap
proved by the commission. Claims can not be assigned, and payments are ex
empt from levy, execution, etc. Deposits with the commission to secure pay
ments may be required of employers or insurers.
Settlement of disputes.—Disputes may be settled by the industrial commis
sion, subject to appeals to the supreme court.
26
BULLETIN OF THE BUREAU OF LABOR STATISTICS,
PENNSYLVANIA.
Date of enactment.—June 2, 1915; in effect January 1, 1916.
Injuries compensated.—Personal injury by accident in the course of employ
ment, causing disability for more than 14 days or death in 300 weeks, not inten
tionally self-inflicted or due to the intentional act of a third person for reasons
not connected with the employment.
Industries covered,,—All, unless employer makes election to the contrary.
(Agricultural and domestic employees are excluded by a separate act.)
Persons compensated.—Private employment: AH persons rendering service
to another for a valuable consideration, casual employees and those working
on material given out to be made up, repaired, etc., on premises not under the
control of the employer excepted. Public employment: All employees.
Burden of payment.—All on employer.
Compensation for death:
(а) $100 funeral expenses.
(б) 40 per cent of weekly wages to widow or dependent widower, 5 per
cent additional for each child, total not to exceed 60 per cent; if
no parent, 25 per cent if 1 or 2 children, 10 per cent additional for
each child in excess of 2, total not to exceed 60 per cent; if no
consort or child under 16, but dependent parent, brothers, or sisters,
15 to 25 per cent of wages.
(c) Payments cease on death, remarriage of widow or widower, cessation
of dependence of widower, or child, brother, or sister attaining the
age of 16, not to continue beyond 300 weeks, unless for children
under 16, when 15 per cent will be paid for 1 and 10 per cent addi
tional for each additional child, total not to exceed 50 per cent.
Basic wages are not less than $10 nor more than $20 weekly.
Compensation for disability:
(а) Reasonable medical, surgical, and hospital expenses for first 14 days
after disability begins, cost not to exceed $25, unless major surgical
operation is necessary, when $75 is the maximum.
(б) For total disability, 50 per cent of weekly wages for 500 weeks, $5
minimum, $10 maximum, total not to exceed $4,000; if wages less
than $5, full wages will be paid.
(c) For partial disability, 50 per cent of weekly wage loss, $10 maximum,
for not over 300 weeks; fixed periods for specified injuries, $5
minimum, $10 maximum, full wages if less than $5.
Payments may be commuted to a lump sum.
Revision of benefits.—Agreements and awards may be reviewed by the board
at any time for proper cause.
Insurance.—Employers must insure in the State fund, a stock or mutual
company, or give proof of financial ability.
Security of payments.—Agreements or claims may be filed with a prothonotary, who enters them, as a judgment, and if approved by the board they be
come a lien on the property of the employer. A separate act provides for direct
payments from insurance companies to the beneficiaries, in case of the em
ployer’s failure to make payment of benefits.
Settlement of disputes.—Disputes are settled by a workmen’s compensation
board, with appeal to courts.
COMPENSATION LEGISLATION, 1914, 1915— REVIEW.
27
VERMONT.
Date of enactment.—April 1,1915; in effect July 1,1915.
Injuries compensated.—Personal injury causing disability for more than 14
days or death within 2 years, arising out of and in course of employment, not
due to the employee’s willful intention to injure himself or another, his intoxi
cation, or failure to use a safety appliance.
Industries covered.—All industrial establishments in which more than 10
persons are employed, and commerce as far as permissible under Federal laws,
domestic and casual labor excepted, unless election to the contrary is made.
Public service under municipalities which elect compensation system.
Persons compensated.—Private employment: All under contract with or in
service of an employer, domestic and casual employees and those receiving more
than $1,500 excepted. Public employees: All except those elected by popular
vote or receiving in excess of $1,500 annually.
Burden of payment.—All on employer.
Compensation for death:
(а) $75 for funeral expenses if death occurs within 2 years.
(б) 33J per cent of weekly wages to dependent widow or widower, 40
per cent if there be 1 or 2 children, and 45 per cent if more than 2;
if no parent, 25 per cent to 1 or 2 children, 10 per cent additional
for each child in excess of 2, total not to exceed 40 per cent; if no
consort or child under 18, and dependent parent, grandparent, or
grandchild, 15 to 25 per cent of wages.
(c) Payments to widow cease on death or remarriage; to widower on re
marriage or cessation of dependency; to children on reaching age
of 18 unless incapable of self-support, in no case to exceed 260
weeks or $3,500 in amount; payments to other classes of beneficiaries
end in 208 weeks at most Basic wages are not less than $5 nor
more than $25 weekly.
Compensation for disability:
(a) Medical and hospital services for first 14 days, not to exceed $75.
(&) For total disability 50 per cent of weekly wages for 26 weeks if tem
porary, 260 if permanent, subject to extension for 52 weeks, $3
minimum, $12.50 maximum, total not to exceed $4,000. If wages
are less than $3, full wages will be paid unless disability is perma
nent, when $3 will be paid.
(c) For partial disability, 50 per cent of wage decrease, maximum $10,
for not more than 5 years.
(d) For certain specified injuries, 50 per cent of weekly wages, but not
more than $10, for designated periods ranging from 8 to 170 weeks.
Payments may be commuted to one or more lump sums in any case.
Revision of benefits,—Awards may be reviewed on application at any time,
but not oftener than once in 6 months.
Insurance.—Required unless deposit of security is made, or satisfactory proof
of financial responsibility.
Security of payments.—Employees may have direct recourse to insuring com
pany ; insolvency of employer does not release insurer; compensation rights are
preferred claims.
Settlement of disputes.—Disputes are determined by an industrial accident
board, with appeal to courts.
28
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
WEST VIRGINIA.
Date of enactment.—February 22, 1913; in effect October 1, 1913; amended
February 20 and May 21, 1915.
Injuries compensated.—All personal injuries not the result of willful miscon
duct or intoxication of the injured employee, or self-inflicted, causing incapacity
for more than 1 week or death.
Industries covered.—All except domestic or agricultural labor, if the em
ployer becomes a member of the State insurance fund.
Persons compensated.—Private employment: All employees in industries cov
ered, including aliens, except persons casually employed, and the officers of cor
porations. Public employment: Ko provision.
Burden of payment.—Employer, 90 per cent; employees, 10 per cent.
Compensation for death:
(a) Reasonable funeral expenses, not to exceed $75.
(b) To the widow or invalid widower, $20 per month and $5 per month
additional for each child under the age of legal employment, the
total not to exceed $35 per month.
(c) To orphan child or children, $10 each per month until the age of 15,
total not to exceed $30 per month.
(d) To other persons wholly dependent, if no widow, invalid widower, or
child under the age of legal employment is left, 50 per cent of the
average monthly support received from the deceased during the pre
ceding year, not exceeding $20 per month, for 6 years.
(e) If the deceased was a single minor, to a dependent parent, 50 per cent
of the earnings, not to exceed $6 per week, until the time when he
would have become 21.
( /) If only partial dependents survive, a compensation computed as in
(d), with the same maximum.
Payments to a widow or widower cease on remarriage, and to children
on reaching the age of 15 years. If widow or invalid widower re
marry within 2 years of death of employee, to be paid 20 per cent of
balance of 10 years’ benefits.
Compensation for disability:
(а) Medical, nurse, and hospital services, not exceeding $150 ($300 in
special cases).
(б) For temporary partial disability, during such disability, 50 per cent of
loss of his earning capacity, not more than $10 per week nor exceed
ing 26 weeks, except that for certain ununited fractures, etc., the
period may be 52 weeks.
(e) For permanent partial disability, 50 per cent of wages for periods
varying with degree of disability (from 10 to 70 per cent), periods
ranging from 30 to 210 weeks; from 70 to 85 per cent disability, 40
per cent of wages for life.
(d) For permanent total disability (85 per cent or above), 50 per cent of
the average weekly wages, during life.
Lump-sum payments may be substituted for periodic payments in case
of either injury or death. Payments under (c) and (d), $4 mini
mum, $8 maximum.
Revision of benefits.—Awards may be modified at any time.
Insurance.—Insurance is effected through a State fund under the control of
the compensation commissioner, or employers of approved ability may carry
own risks, giving bond for performance of requirements not less than those of
the law, without contributions from their employees.
Security of payments.—Payments may be made only to beneficiaries, and are
exempt from claims of creditors or attachment or execution.
Settlement of disputes.—Disputes are settled by the commissioner; limited
appeal to the supreme court
COMPENSATION LEGISLATION, 1914, 1915— REVIEW,
29
WYOMING.
Date of enactment.—February 27,1915; in effect April 1, 1915.
Injuries compensated.—Personal injury causing disability for more than 10
days or death, as a result of employment and not due to the culpable negligence
of the injured employee or to the willful act of a third person due to reasons
personal to such employee or because of his employment.
Industries covered.—Extra-hazardous (enumerated list), in which 5 or more
workmen are employed, interstate railroads excepted; public employments and
use of explosives and work 10 or more feet above ground included, without ref
erence to number of employees.
Persons compensated.—Private employment: All employees in industries cov
ered. Public employment: All employees in classes of employments designated.
Burden of payment.—All on employer.
Compensation for death:
( a) $50 for funeral expenses, unless other arrangements exist under agree
ment.
(ft) Lump-sum payments of $1,000 to widow or invalid widower, and addi
tional sum, equal to $60 per year, until the age of 16 is reached for
each child under the age of 16, the total for children not to exceed
$1,000. If there are dependent parents and no spouse or child under
16, a sum equal to 50 per cent of 1 year’s contribution, not exceeding
$500.
Compensation for disability:
(a) For total permanent disability, lump sum of $1,000 if single, $1,200
if wife or invalid husband, and a sum equal to $60 per year for each
child under 16 until age of 16 is reached, the total for children not
to exceed $1,800. If disability is temporary, $15 per month if single,
$20 if married, and $5 monthly for each child under 16, the total
monthly payment not to exceed $35 and the aggregate not to exceed
the amount payable if the disability were permanent.
(b) For permanent partial disability, fixed lump sums for specified in
juries, others in proportion.
No provision is made for medical or surgical aid; all payments are
lump sums, except for total temporary disability.
Revision of benefits.—No provision.
Insurance.—Insurance in State fund required.
Security of payments.—Insurance under State control; payments not assign
able or subject to execution, attachment, etc.
Settlement of disputes.—Disputes are settled by the district courts of the
counties, with appeal to the supreme court of the State.
30
BULLETIN OP THE
BUBEAU
OF LABOB STATISTICS.
AMENDING LEGISLATION.
O f the amendments it may be said in general that they relate to
matters of administration or tend toward an extension of the scope
of the acts amended. Exceptions are the exclusion of railroads from
the scope of the law in Minnesota, and of domestic and agricultural
labor in Nevada. In Illinois an amendment permits the use of
the common-law defenses in suits against farmers and stock raisers.
An important change in the law of California consists of the substi
tution of the word “ injury” for the word “ accident” throughout,
the evident intent being to permit the inclusion of disabilities not
resulting from single acts of violence, as in cases of industrial
disease. An act of the California Legislature of 1915 that may be
mentioned in this connection is one that provides that officers and
members of the National Guard killed or injured while in the service
of the State shall be within the provisions of the compensation act.
The Connecticut statute provides for its presumptive acceptance
only in cases where there are 5 or more employees, instead of in
all cases as formerly. Casual employees and outworkers are ex
cluded from the benefits of the act. Waiting time is reduced from 2
weeks to 10 days, and the levy of the sum of $750 for the expenses
of the State compensation commissioners where there are no depend
ents of a deceased workman is discontinued. Other amendments re
late to the liability of third persons to whose negligence injury is
due, to the giving of notice of accidents immediately instead of
within 30 days, to the readjustment of benefit payments among other
beneficiaries in case of the death or remarriage of one of several
beneficiaries, giving power to a commissioner to review an award on
his own initiative as well as at the instance of the parties, etc.
In Illinois the minimum death benefit was increased from $1,500
to $1,650, and the minimum weekly disability payment from $5 to
$6. A number of changes relate to details of administration. The
law now provides for a review of decisions of the board by the cir
cuit courts instead of by the supreme court only, this restriction
having been held unconstitutional.
The Massachusetts statute was amended in 1914 and 1915, the
most important changes being the increase of benefits, the basis being
raised from one-half to two-thirds of the wages, the maximum
amount for total disability increased from $3,000 to $4,000, and the
limit of term of payments for partial disability extended from 300
weeks to 500 weeks. Other changes relate to questions of depend
ents, the discretionary payment of partial lump-sum awards to
permanently disabled minors, the securing of evidence from absen
tees by the use of depositions or letters rogatory, arbitration of dis
COMPENSATION’ LEGISLATION, 1914, 1915— REVIEW.
81
putes, the review of awards, the organization of the State employees’
insurance association, etc. The directors of the insurance associa
tion are to be elected by ballot of the members instead of being ap
pointed by the governor, as originally provided. Branch offices of
the industrial accident board in not more than four cities of the State
may be established, and the appointment of a medical adviser is
authorized. A number of separate acts were also passed relating to
the law in various ways, and these are reproduced in subsequent pages.
Amendments to the Michigan law authorize the appointment of
two deputy commissioners to assist in the administration of the act,
and give the State commissioner of insurance power to administer
medical and hospital benefits through the State accident fund, the
same as other benefits. Part V of the act, relating to the administra
tion of the State fund by the commissioner of insurance, was
amended in several respects, one change authorizing the levying of
sufficient premiums or assessments on the employers insured to meet
the expenses of the administration of the fund. The standing appro
priation for the expenses of the industrial accident board is increased
from $40,000 to $45,000. Other laws relating to adjusters of claims
for compensation and to the classification of risks by insurance com
panies were also enacted, and are reproduced in their proper place.
In Minnesota all common carriers by steam railroad are exempted
from the operations of the act, instead of only when engaged in
interstate commerce. A special liability law was enacted for rail
roads. Provision was made for the payment of funeral expenses by
the employer in cases of fatal accidents, the amount not to exceed
$100. The weekly benefits payable were changed from $6 minimum
and $10 maximum to $6.50 minimum and $11 maximum. In cases
of permanent total disability not more than $6.50 per week is to be
paid for 150 weeks after the expiration of the 400 weeks of full
benefits originally provided for, the total not to exceed $5,000. The
schedule of partial disabilities was amended, adding loss of hearing
and a number of combined injuries thereto. Other amendments
relate to dependents, the distribution of death benefits, charges for
medical, etc., aid, the limitations of actions, the duty of physicians
to testify, payments to nonresident alien beneficiaries, the insurance
of risks, etc.
Very considerable changes were made in the statute of Nevada, the
scope of the law being extended by disregarding the number of em
ployees. The waiting time is reduced from 2 weeks to 1 week, and
if disability continues for 3 weeks or longer, payments date from the
time of the injury. Seasonable medical and surgical aid is to be
furnished by the employer for a period of not more than 4 months;
employees may be called upon to contribute $1 per month for this
purpose. The schedule of payments to dependents was revised, and
32
BULLETIN OP THE BUREAU OF LABOR STATISTICS.
the maximum amount payable was advanced from $5,000 to $6,000.
Payments to nonresident alien beneficiaries are specially provided
for. Election to accept the act is presumed in the absence of notice
of rejection, but the rejection was valid for but 1 year unless renewed,
as the act originally provided; by amendment, rejections once made
continue in force until waiver thereof, which action may be taken
at any time. The industrial commission, instead of consisting of 5
members, three of whom are so ex officio, is to consist of 3 members,
appointed by a board made up of the governor, the attorney general,
and the inspector of mines. Provision is made for the reduction or
suspension of benefit payments to injured persons who refuse reason
ably essential medical or surgical treatment, or persist in insanitary
or injurious practices which tend to imperil or retard recovery. For
feiture of compensation is to follow conviction of fraud or misrepre
sentation. Other amendments relate to the maintenance, investment,
etc., of the State insurance fund, injuries outside the State, etc.
The New Jersey statute was amended in 1914 by requiring burial
expenses to be paid in all cases, instead of only in cases where no
other death benefits were payable. Supplementary laws were enacted
in 1915, which appear on a subsequent page.
The law of New York was amended in 1914 so as to include em
ployees on public works, instead of excluding them. Other amend
ments relate to pleadings in suits where the employer has failed to
guarantee payments under the act, to penalties for failure to provide
such guaranty, to the increase of a child’s share in case of the death
of a surviving parent during the compensation term, and to the
consideration of public pension systems in determining benefits pay
able. The legislature of 1915 made several amendments, principal
among them being the permission of direct agreements between the
employer and employee, subject, however, to the approval of the
industrial commission; a provision for advances by the employer
prior to any final agreement, and one for penalties in case of negli
gent or intentional default in compensation payments. The adminis
tration o f the act now devolves upon the industrial commission of
the State, the workmen’s compensation commission having been
abolished and its functions conferred upon the new commission.
The Ohio statute was amended at the first extra session of 1914 by
defining the term “ willful act ” as used in the law to mean one done
knowingly and purposely with the direct object of injuring an
other—a restricted definition that was rejected by a Federal court
in a case decided prior to the enactment of this amendment. (See
Bui. No. 169, p. 232.) At the second special session it was provided
that counties might omit an annual tax accounting in any year fol
lowing a report by the industrial commission that sufficient funds are
COMPENSATION LEGISLATION, 1914, 1915— REVIEW.
33
in hand. Amendments in 1915 relate to the making of the annual
reports by the commission.
The amendments of the law of Oregon consist of changes in the
section classifying industries and establishing premium rates, among
other things fixing the employees’ contributions at 1 cent for each
day or part of day worked, instead of a percentage of the earnings
and at least 25 cents per month; provisions for adjusting premium
rates on a basis of experience and for determining rates for em
ployers not enumerated in the act but desiring to come within its
provisions. Instead of permitting suits for damages against em
ployers failing to comply with safety laws, the offending employers
are to be prosecuted by the industrial accident commission of the
State.
Besides enacting a compensation law and related acts, the Legis
lature of Pennsylvania effected the second adoption of a resolution
for an amendment to the State constitution, which, if adopted, will
permit the enactment of a compulsory compensation law. This will
be voted upon at the regular election in November of this year.
The Rhode Island statute is amended so as to require the employer
to insure, to give proof of financial ability to make payments directly,
or to give satisfactory security or bond to protect payments that may
fall due. Insurance policies must inure to the direct benefit of claim
ants, and beneficiaries have a first lien on any sums due employers
from the insuring company. Other amendments provide for the
reporting of accidents and fix the method of ascertaining average
weekly wages, etc.
The amendments to the Washington statute were not so extensive
as in some States, the premium rate for iron and steel construction
work being changed from 8 to
per cent, the provision as to initial
or preliminary payments modified, also those relating to readjustment
of classes and funds and to defaulting employers. Physicians who
have examined or treated claimants are required to testify as to such
examination or treatment in proceedings relating to claims, and per
sistence by claimants in insanitary and injurious practices or refusing
reasonably essential medical or surgical treatment may reduce or sus
pend compensation payments.
Changes in the statute of West Virginia provide for a compensa
tion commissioner to administer the act in lieu of administration by
the public service commission of the State as originally arranged for.
The costs of administering the fund, including salaries, fees for offi
cial bonds, etc., are to be paid out of the fund itself, instead of being
met by the State as formerly. Numerous .changes in detail were
made, and the minimum and maximum limits of weekly benefits were
raised from $3 to $4 and $6 to $8, respectively. Payments for dis7044°—Bull. 185—15----- 3
34
BULLETIN OF THE BUEEATJ OF LABOB STATISTICS.
ability are one-half the wages for various periods according to degree
of disability, a disability of 85 per cent or above calling for payments
for life. Death benefits are specific weekly or monthly sums for the
different classes of dependents, payments to children ceasing when
they attain the age of 15 years. Medical and surgical costs may in
special cases be increased to $300. The establishment of a surplus
fund on a specified basis and an annual readjustment of premium
rates (which are fixed by the commissioner) are provided for. Em
ployers may act as self-insurers, but must do so in accordance with
rules prescribed by the compensation commissioner and must give
bond for the payment of benefits that may fall due. Special pro
vision is made for the proof of claims in cases of hernia.
The Wisconsin statute was amended so as to provide for dependent
children in case of divorce of the parents, also for a divorced spouse
who has not remarried.
The Federal Congress extended the benefits provided by earlier
laws for railway mail and sea-post clerks, so as to include city and
rural letter carriers and special-delivery messengers; while in
Executive order extended the application of the act of May 30,1908,
to work on or in connection with the Federal railway construction in
Alaska.
CONSTITUTIONALITY AND CONSTRUCTION OF STATUTES.
Of the construction and application of the laws by the courts but
little need be said here in view of the recent appearance of an ex
tensive list of opinions in the bureau’s bulletin devoted to deci
sions of courts affecting labor (Bui. No. 169 [1914], pp. 197-269).
(See also Bui. No. 152 [1913], pp. 177-217.) Bulletin No. 126 (pp.
75-110) also discusses these questions in the light of material avail
able at the date of its publication. As already stated, the Kentucky
statute was by a divided court declared unconstitutional. The ques
tion of the constitutionality of the compulsory insurance statute of
Washington is before the Supreme Court of the United States. The
only compensation case on which it has rendered an opinion thus far
is one involving certain features of the Ohio statute, also providing
compulsory insurance, the law being sustained in so far as it was
before the court. (Jeffrey Mfg. Co. v. Blagg, Bui. No. 169, p. 203.)
Since the publication of Bulletin No. 169, an important decision
in a case of first impression under the present statute has been ren
dered by the Supreme Court of California, sustaining the constitu
tionality of the compulsory law of 1913, the earlier act having been
elective. The New York statute of 1913, likewise compulsory, has
also been before the court of that State recently on questions of con
stitutionality, the decision upholding the law generally and apply
COMPENSATION LEGISLATION, 1914, 1915— REVIEW.
35
ing it to a case in which the injured workman was employed in un
loading a vessel which was engaged in interstate commerce. It was
held that until Congress acts in behalf of such workmen, recovery is
determined by the State laws of the jurisdiction within which the
injury was received. (Jensen v. Southern Pacific Co., decided by
the New York Court of Appeals, July 18,1915,109 N. E., 600.)
Another interesting decision in the same field was handed down
by the Supreme Court of New York (appellate division) in the case
Winfield v. New York Central, etc., K. Co. (153 N. Y. Supp., 499).
The injured man was concededly engaged in interstate commerce,
so that if the injury had been due to the employer’s negligence he
would of necessity have had recourse to the Federal liability statute.
However, as there was no negligence, the injury being due to pure
accident, it was not within the Federal law, and the court held that
it was a case in which Congress had not yet acted, so that the State
law would control, and affirmed an award made in the claimant’s
favor by the compensation commission.
Another statute that received consideration at the hands of the
courts this year was that of Texas, the court of civil appeals having
held certain provisions of the act unconstitutional (Middleton v.
Texas Power & Light Co., 178 S. W. Rep., 956). The act authorizes
the employer to choose whether or not he will accept the provisions
of the act, but having done so his employees are deprived of any
right of action against him for damages for personal injuries, and
are restricted to such relief as the statute in question provides. The
court held that this provision was void as in violation of the clauses
of the Federal and State constitutions which guarantee due process
of law, and also of those clauses which forbid depriving any person
of the equal protection of the laws. It was further held that giving
the employer his choice as to the nature of the remedy which he
would permit his employees was in substance a delegation of legis
lative functions, and void as an attempt to confer upon him powers
belonging exclusively to the legislature. The jurisdiction of this
court is not final, and the case has been taken to the supreme court
of the State.
Questions of experience under the act and of administration in
general are reserved for consideration in a later bulletin, for which
material is being obtained by field investigations and otherwise.
36
BULLETIN OF THE BUBEAU OP LABOR STATISTICS.
MUTUAL INSURANCE COMPANIES.
The insurance of the employers’ risk under the compensation laws
is the subject of various forms of treatment, as appears from the
fact that some of the laws are in themselves insurance laws, others
require some form of insurance without specifying its type, while
still others leave the matter entirely to the initiative and choice of
the persons interested. Stock companies writing employers’ lia
bility insurance under the old laws naturally extend their activities
to cover the obligations imposed by the new legislation; and both
by provision of law and by a natural growth to meet new conditions,
the question of the formation of mutual companies came into in
creased prominence. In some States the compensation acts them
selves contain provisions covering this subject, while special acts regu
lating the formation of such companies have been passed in several
others, and while they are not strictly parts of the compensation laws,
they are so closely related to their operations that they should be con
sidered in this connection. Their similarity of form and purpose
makes it unnecessary, however, to reproduce each of them at length,
and that of New York is here given as representative of this class of
laws. The act is in the form of an article of the law of the State
relating to insurance corporations, and is as follows:
NEW YORK*
CONSOLIDATED LAWS.
C hapter
28.
A r t ic l e 5 - A . —Workmen’s
compensation insurance—
Mutual companies.
(Added by chapter 832, Acts of 1913, extra session.)
W ho m ay
corporate.
in*
S e c t io n 185. Thirteen or more persons may become a corporation for the purpose of insuring on the mutual plan against loss
or damage resulting from accident to or injury suffered by an
employee or other person and for which the person insured is
liable, or the liability of the employer to pay compensation to
his employees, or the compensation of employees under any
workmen’s compensation law * * * by making and filing in
tlie office of the superintendent of insurance a certificate to be
signed by each of them, stating their intention to form a corpora
tion for the purpose named, and setting forth a copy of the
charter which they propose to adopt, which shaU state the name
of the proposed corporation, the place where it is to be located,
the mode and manner in which its corporate powers are to be
exercised, the number of directors, the manner of electing its
directors and officers, the time of such elections, the manner of
filling vacancies, the names and post-office addresses of the direct
ors who will serve until the first annual meeting of such cor
poration, and such further particulars as may be necessary to
explain and make manifest the objects and purposes of the cor
poration. Such certificate shall be approved or acknowledged and
recorded in a book kept for that purpose by the superintendent of
insurance and a certified copy thereof shall be delivered to the
persons executing the same.
COMPENSATION LEGISLATION, 1914, 1915— BEVIEW,
37
Sec. 186 (as amended by chapter 506, Acts of 1915). Upon re- Completion
ceipt of a certified copy of tlie certificate of incorporation from tfonorgan
the superintendent of insurance, the persons signing such cer
tificate may open books to receive applications for membership
therein. No such corporation shall transact any business of in
surance unless the annual premium cost on the insurance applied
for shall be not less than twenty-five thousand dollars at the
minimum annual rates approved by the superintendent of insur
ance and until at least forty employers employing not less than
twenty-five hundred employees; or thirty employers employing not
less than five thousand employees; or twenty employers employ
ing not less than seven thousand five hundred employees; or ten
employers employing not less than ten thousand employees have
become members of such corporation and applied for and agreed
to take insurance therein, covering the liability of such employers
to their employees for accidents to or injuries suffered by such
employee nor until the facts specified in this section have been
certified under oath by at least three of the persons signing the
original certificate to the superintendent of insurance and the
superintendent of insurance has issued a license to such corpora
tion authorizing such corporation to begin writing the insurance
specified in this article. The superintendent of insurance must be
satisfied that the membership list of the corporation is genuine
and that every member thereof will take the policies as agreed
by him within thirty days of the granting of the license to the
corporation by the superintendent of insurance to issue policies.
If at any time the number of members or the number of employees
who are employed by the members of the corporation falls below
the number required by this section, no further policies shall be
issued by the corporation until other employers have made bona
fide applications for insurance therein, who, together with the ex
isting members, amount to not less than forty employers who
employ not less than twenty-five hundred employees, or thirty em
ployers who employ not less than five thousand employees, or
twenty employers who employ not less than seven thousand five
hundred employees, or ten employers who employ not less than
ten thousand employees, and in the event that such applications
for insurance shall not be obtained within a reasonable time, to
be fixed by the superintendent of insurance, such superintendent
may take the proceedings against such corporation under section
sixty-three of this chapter to the same effect as if clause h of
subdivision one of such section was specifically applicable to cor
porations organized under this article.
The members of the corporation shall be policyholders therein, Members to
and when any member ceases to be a policyholder he shall cease,be poiicyholdat the same time, to be a member of the corporation. A corpora-ers*
tion, partnership, association, or joint-stock company may become
a member of such insurance corporation and may authorize an
other person to represent it in such insurance corporation, and
such representative shall have all the rights of any individual
member. Any person acting as employer in the capacity of a
trustee may insure in such corporation and as such trustee may
assume the liabilities and be entitled to the rights of a member,
but shall not be personally liable upon such contract of insurance.
Such corporation may borrow money or assume liability in a
sum sufficient to defray the reasonable expenses of its organization.
Sec. 187. Any such corporation shall have not less than thirteen Directors and
directors, and such officers as shall be provided in the certificate officers,
of incorporation or by the by-laws made by the members. The
directors shall be elected annually by the votes of the members.
All except two of the directors of the corporation elected after
the organization of the corporation is completed and it is author
ized to begin to issue insurance policies shall be members of the
corporation. All the officers except the secretary, assistant secre
tary and the actuary must be members of the board of directors.
38
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
gE0# 188 (as amended by chapter 506, Acts of 1915). At all meet
ings of the members of the corporation each member shall have
one vote and one additional vote for every five hundred employees
or major fraction thereof, covered by the policy held by such
member in the corporation: Provided, That no member shall have
more than twenty votes. The number of votes of a member shall
be determined by the average number of employees at work and
covered by said member’s policy in the corporation during the last
six months from a date not more than ten days immediately prior
to the date of any such meeting. Before any member shall be per
mitted to cast more than one vote at any meeting of members he
shall file with the secretary an affidavit showing the average num
ber of employees at work during the preceding six months covered
by the employer’s policy of insurance.
Assessments. Sec. 189. The corporation may in its by-laws and policies fix
the contingent mutual liability of the members for the payment
of losses and expenses not provided for by its cash funds; but
such contingent liability of a member shall not be less than an
amount equal to and in addition to the cash premium written in
the policy. If the corporation is not possessed of cash funds
above its unearned premium sufficient for the payment of in
curred losses and expenses, it shall make an assessment for the
amount needed to pay such losses and expenses upon the mem
bers liable to assessment therefor, in proportion to their several
liability. Every member shall be liable to pay and shall pay his
proportionate part of any assessment which may be laid by the
corporation in accordance with law and his contract, on account
of losses and expenses incurred while he was a member, if he is
notified of such assessment within one year after the expiration
of his policy. All assessments shall be based upon present values
of all future payments, and all proposed premium assessments
shall be filed in the insurance department and shall not take
effect until approved by the superintendent of insurance, after
such investigation as he may deem necessary. All funds of the
coloration and the contingent liability of the members thereof
shall be available for the payment of any claim against the
corporation.
Dividends.
Sec. 190. The board of directors may, from time to time, fix
and determine the amount to be paid as a dividend upon policies
expiring during each year after retaining sufficient sums to pay ali
the compensation and other policy obligations which may be pay
able on account of the injuries sustained and expenses incurred.
Any such corporation may hold cash assets in excess of its lia
bilities, but such excess shall be limited to one hundred per centum
of its reserves for losses and expenses incurred, and may be used
from time to time in payment of losses, dividends, and expenses.
Voting power.
Reserves.
Sec. 191 (as amended by chapter 506, Acts o f 1915). Such cor
poration shall be required to maintain the same reserves fo r the
protection o f policyholders and employees who may have a right
o f action directly against such corporation as are required to be
maintained by stock insurance corporations in relation to the same
class o f insurance* except that reserves for liability fo r insurance
o f compensation under the workmen’s compensation law shall
be prescribed by the superintendent o f insurance, and the super
intendent o f insurance may suspend or cancel the certificate is
sued by him authorizing said corporation to transact such insur
ance business at any time when in the judgment o f the superin
tendent o f insurance the reserves o f said corporation are insuffi
cient to insure and secure the payment o f its policy obligations,
and the superintendent o f insurance may reinstate or renew said
certificate whenever by assessment or otherwise said reserves have
been increased to a sum sufficient in the judgment o f the super
intendent o f insurance to insure and secure the payment o f the
policy obligations o f such corporation.
Reports and Sec. 192. Every such corporation shall make reports to the
examinations, superintendent o f insurance at the same times and in the same
COMPENSATION LEGISLATION, 1914, 1915— REVIEW.
89
manner as are required from stock insurance companies transact
ing the same kind of business, and the superintendent of insurance
may examine into the affairs of such corporation at any time,
either personally or by any duly authorized examiner appointed by
him, and the superintendent of insurance must make such an
examination into the affairs of said corporation at least once in
every two years.
Seo. 193. The board of directors shall make and enforce rea- Prevention of
sonable rules and regulations not in conflict with the laws of accidents,
the State for the prevention of accidents to the employees on the
premises of members, and for this purpose the inspectors of the
corporation shall have free access to an such premises during
regular working hours. The policy of any member neglecting to
provide suitable safety appliances as provided by law or as re
quired by the board of directors may be canceled and terminated
by the board of directors after giving to such member notice of
cancellation ten days prior to its becoming effective.
Seo. 194. After January first, nineteen hundred and seventeen, DaJ?fgign com‘
the superintendent of insurance may, in his discretion, issue a p
certificate of authority to a mutual corporation organized under
the laws of another State to do such insurance in this State: Provided, That, in no event, shall authority be given to any such
mutual corporation to do other kinds of business than those speci
fied in this article. Such corporation shall be required to main
tain the same reserves for the protection of members and em
ployees as are required for domestic corporations authorized to
transact the same kind of insurance.
Other States having laws on this subject are California (ch. 177,
Acts of 1913; ch. 661, Acts of 1915), Colorado (ch. 181, Acts of 1915),
Illinois (p. 485, Acts of 1915), Indiana (ch. 140, Acts of 1915), Mary
land (ch. 489, Acts of 1914), Massachusetts (ch. 251, Acts of 1911;
ch. 181, Acts of 1915), Michigan (act No. 12, Acts of 1912, extra ses
sion; act No. 177, Acts of 1915), Minnesota (ch. 122, Acts of 1913),
Nebraska (secs. 3322-3345, Rev. Stat., 1913), New Hampshire (ch.
170, Acts of 1915), Oklahoma (ch. 225, Acts of 1915), Pennsylvania
(act No. 342, Acts of 1915), and Texas (ch. 156, Acts of 1915).
The law of California requires 5 incorporators and not less than 5
nor more than 11 directors. Business may be begun with 100 sub
scribers having not less than 1,000 employees in the aggregate. The
State insurance commissioner may limit the membership of any com
pany to persons engaged in the same general character of industry or
residing within a limited part of the State. The term of the corpora
tion may not exceed 50 years. Premium rates may not be less than
those fixed by the State workmen’s compensation rating bureau.
Under the Colorado statute 15 or more employers, individual or
corporate, may associate to write mutual insurance. Business may
not be begun until at least 20 employers with not less than 2,500
employees apply for and agree in writing to take insurance and until
such applications and agreements are properly authenticated to the
commissioner of insurance. In special cases, where the hazard is
comparatively stight, the number of employees may be reduced but
must be above 1,000. Members have one vote for each 500 employees
40
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
or major fraction thereof, but no member may have more than 20
votes. Directors make classifications and fix premium rates and may
allow for merit rating; they may also maintain separate funds and
rates for different employments.
In Illinois not less than 20 persons may form mutual associations
and may begin business with the simultaneous issue of at least 20
policies to 20 members covering the same kind of insurance upon
not less than 200 separate risks. No maximum single risk may exceed
20 per cent of its admitted assets, or three times the average policy, or
1 per cent of the insurance in force, whichever is the greater. Not
more than $25,000 admitted assets is required, and at least 1,500 em
ployees must be covered, each employee being considered a separate
risk. Policyholders must be members of the corporation and are
entitled to votes in accordance with the insurance in force, the num
ber of policies held, or the amount of premium paid, as may be pro
vided by the by-laws.
The Indiana statute requires at least 20 incorporators and contains
similar provisions as to initial issue of policies, maximum single risks,
and the amount of admitted assets and number of employees as appear
in the Illinois statute; provisions as to voting are also similar.
The Maryland statute calls for at least 9 directors and 20 sub
scribers, with 2,000 employees as a minimum for the commencement
of business. Members have 1 vote for each 500 employees or major
fraction thereof but not more than 10 votes in all. I f employees con
tribute to the insurance fund, they are to have an equal voting power
with the employers.
In Massachusetts 10 or more persons may form a mutual company,
but no policy may be issued until applications for insurance in an
amount not less than $50,000 have been received, or applications by
not less than 100 employers with not less than 10,000 employees, or
applications by not less than 50 employers having not less than 5,000
employees, each employer obligating himself in an amount not less
than five times his cash premium, which may be called upon in emer
gency, or they may give bond in an amount of $100,000 to meet such
emergencies; a fund of $50,000 in cash deposited with a trustee may
be substituted for the bond. In any case provision must be made for
extraordinary losses caused by disasters. In general, corporations of
this class are subject to the provisions of the corporation laws of the
State.
The law of Michigan requires 5 incorporators and provides for a
discretionary restriction to groups of employers engaged in opera
tions of the same general character. At least 5,000 employees must
be represented. The term of the corporation may not exceed 30 years.
In fixing premium rates the board of directors may take into account
COMPENSATION LEGISLATION, 1914, 1915— REVIEW.
41
the safety conditions of the plants of the respective subscribers. The
law of 1915 authorizes any mutual company, organized in the State
or elsewhere, to write liability insurance if possessed of net cash assets
in an amount of $500,000.
In Minnesota 20 incorporators are required, and business may be
begun only when there are at least 5,000 employees covered. A pro
viso as to companies insuring creameries and cheese factories only
allows them to operate if there are 300 employees covered, the num
ber of subscribers being not less than 200. This act requires a state
ment in each policy of the maximum contingent liability of the
holder. The life of the corporation is limited to 30 years.
Twenty employers with 5,000 employees may incorporate in Ne
braska, and the charter may be perpetual. Subscribers may cast 1
vote for each $100 premium or fraction thereof paid during the pre
ceding calendar year.
The New Hampshire law authorizes the incorporation of 20 or
more employers with not less than 5,000 employees. The general cor
poration law applies where not inconsistent with the present act.
One vote is allowed for each $100 or fraction thereof paid in
premiums, no person to be allowed more than 20 votes. Directors
may inspect plants, prescribe safety rules and regulations, and
examine books and pay rolls. Merit rating is permissible, and a
reserve as required by the insurance commissioner of the State must
be provided. Groups of industries and separate funds may be main
tained, but all funds are ultimately available to meet losses when
necessary.
The Oklahoma statute is identical with that o f Illinois in the points
noted. The premium rates to be charged by mutual companies, as by
“ every insurance company granting insurance against liability of
employers,” are subject to revision by the State insurance board if
found unreasonably high or inadequate. (Ch. 174, Acts of 1915.)
The Pennsylvania law requires 20 or more employers with not less
than 5,000 employees who have accepted the elective compensation
system of the State, though in case of agricultural employments not
less than 200 employers and 500 employees are required. The same
provision as to voting, inspection, premiums, groups, funds, and ulti
mate collective liability as appears in the New Hampshire law is in
force in this State. A surplus may be established to cover catastrophe
hazards.
The Texas statute differs considerably from the other laws of this
class and authorizes subscribers “ to exchange reciprocal or inter
insurance contracts with each other” at an office designated in the
application for such authority. Not less than 75 employers with
2,000 employees must apply and must place in deposit at least $10,000
42
BULLETIN OF THE BUBEAU OF LABOB STATISTICS.
for the payment of losses, and the reserve fund must be retained at
this amount as a minimum. The insurance contracts must amount to
not less than $500,000, and no employer may assume a risk in excess
of 10 per cent of his net worth as shown by a reputable commercial
rating agency.
Applicable to the above forms of insurance companies, and to all
others operating in the field, including the State fund, are the pro
visions of a statute of California (ch. 642, Acts of 1915, adding
sec. 602b to the Political Code of the State) which requires every
such company to file with the State insurance commissioner its
classification of risks and premium rates, together with its list of
schedule or merit rating. After hearings the commissioner is to fix
a uniform classification of risks and premium rates, and may also
establish a uniform system of merit rating; no insurance may be
carried at less than the established rates. The statistical and actuarial
data compiled by the State’s industrial accident commission and com
pensation insurance fund are to be at the disposal of the insurance
commissioner for the purposes above set forth.
TEXT AND AMENDMENTS OF WORKMEN’S COMPENSATION LAWS.
ALASKA.
ACTS OF 1915.
Chapter 71.—Compensation of workmen for injuries.
Section 1. Any person or persons, partnership, joint-stock com- Employees in
pany, association, or corporation employing five or more employees
opera"
in connection with mining operations carried on in this Territory,
who shall not have given notice of his, her, their, or its election
to reject the provisions of this act in the manner hereinafter
provided, or who having given such notice shall, prior to the time
that an employee is injured, as hereinafter referred to, have
waived the same in the manner hereinafter provided, shall be
liable to pay compensation, in accordance with the schedule herein
adopted, to each of his, her, their, or its employees who receives
a personal injury by accident arising out of and in the course of
his or her employment, or to the beneficiaries named herein, as
the same are hereinafter designated and defined, in all cases
where the employee shall be so injured and such injuries shall
result in his or her death: Provided, The employee so injured had
not, prior to the time of being so injured, given notice of his or
her election to reject the provisions of this act in the manner
hereinafter provided, or having given such notice had prior to
such time waived the same in the manner hereinafter provided.
The compensation to which such employee so injured, or in case Compensation
of his or her death, if death results from such injury, such bene-for
ficiaries, .shall be entitled, and for which such employer shall be
legally liable, shall be as follows:
(A) In the event of the death of any such employee resulting Death;
from such injury, where such employee at the time of his death
was married, his widow shall be entitled to receive the sum of
three thousand ($3,000) dollars.
(B) In those cases where such married employee had children
under the age of sixteen (16) years at the time of his death, his
widow shall be entitled to receive in addition to the sum above
specified, the sum of six hundred ($600) dollars for each child
under the age of sixteen (16) years which such employee left at
the time of his decease, but not to exceed in all the sum of six
thousand ($6,000) dollars.
(C) In those cases where such employee left either father or
mother or both, dependent upon him for support at the time of
his death, the sum of six hundred ($600) dollars shall be paid
to such father or mother or both, in addition to the sum provided
for and made payable to the widow. In no case, however, is the
total sum to be paid hereunder to exceed the sum of six thousand
($6,000) and the payments to which the widow and children may
be entitled shall be first paid out of said sum of six thousand
($6,000) dollars.
(D) In those cases where such deceased employee was unmar
ried at the time of his or her death survived by either his or her
father or mother, who was at the time of his or her death de
pendent upon him or her for support, such father or mother shall
be paid the sum of one thousand two hundred ($1,200) dollars.
(B) Where such deceased employee was survived by his or her
father and mother, both dependent upon him or her for support
at the time of his or her death, such father and mother dependent
upon him or her for support shall be paid the sum of one thousand
two hundred ($1,200) dollars each.
44
BULLETIN OP THE BUREAU OF LABOR STATISTICS.
(F) In tliose cases where such deceased employee was a
widower at the time of his death, but left one or more minor
orphan children, there shall be paid the sum of three thousand
($3,000) dollars, and the further sum of six hundred ($600)
dollars for each orphan child under the age of sixteen (16) years:
Provided, The total amount paid shall not exceed six thousand
($6,000) dollars; and the judge of the probate court of the pre
cinct wherein such accident or injury occurred shall appoint a
guardian for all of said children, who shall be entitled to and who
shall be paid the amount specified in this paragraph for the bene
fit of said orphan children, and shall divide three thousand
($3,000) dollars thereof equally among such children and divide
the surplus, if any, among the children under sixteen (16) years
of age.
(G) In those cases where such deceased employee is at the time
of his or her death unmarried, and leaves no children nor father
nor mother dependent upon him or her as above specified, the
employer shall be required to pay the funeral expenses of the
deceased, not to exceed the sum of one hundred fifty ($150)
dollars, and such other expenses, if any, arising after the injury
and before the death, not to exceed the further sum of one hun
dred fifty ($150) dollars.
to^ai^isab?/ W3lere any such employee receiving an injury arising out of
ity;
and in the course of his or her employment as the result of which
he or she is totally and permanently disabled, he or she shall be
entitled to receive compensation as follows:
(a) If such employee was at the time of his injury married,
he shall be entitled to receive four thousand eight hundred
($4,800) dollars, with six hundred ($600) dollars additional for
each child under the age of sixteen (16) years, but the total to be
paid shall not exceed six thousand ($6,000) dollars.
(b) If such employee at the time of his injury had no wife or
children, but had a mother or father dependent upon him, four
thousand two hundred ($4,200) dollars.
(c) In case where such employee who at the time of his injury
had both father and mother dependent upon him, four thousand
eight hundred ($4,800) dollars.
(d) In those cases where such employee was at the time of his
injury a widower or was divorced, but had minor children, he
shall receive the sum of three thousand six hundred ($3,600)
dollars, with an additional sum of six hundred ($600) dollars for
each child below the age of sixteen (16) years: Provided, That the
total sum to be paid such employee shall not in any case exceed
the sum of six thousand ($6,000) dollars.
(e) In those cases where such employee so injured at the time
of his injury was unmarried and had no children nor father nor
mother dependent upon him, he shall receive the sum of three
thousand six hundred ($3,600) dollars.
rermanent Where any such employee receives an injury arising out of or
j>artial disabil- jn the course of his or her employment, resulting in his or her
*
partial disability, he or she shall be paid in accordance with the
following schedule:
For the loss of a thumb:
(a) In case the employee was at the time of the injury un
married, $480.
(b) In case the employee was married but had no children,
$600.
(c) In case the employee was either married or a widower, but
had one or more children, $720.
For the loss of an index finger:
(a) In case the employee was at the time of the injury unmar
ried, $300.
(b) In case that the employee was married but had no children,
$390.
(c) In case the employee was either married or a widower, but
had one or more children, $480.
COMPENSATION LEGISLATION, 1914, 1916— ALASKA.
45
For the loss of any other finger than the index finger and thumb,
$180.
For the loss of a great toe, $300.
For the loss of any other toe than the great toe, $120.
For the loss of a hand:
(a) In case the employee was at the time of the injury unmar
ried, $1,440.
(b) In case the employee was married but had no children,
$1,920.
(c) In case the employee was either married or a widower and
had one child, $1,920 and $240 additional for each of said children,
not to exceed, however, the total sum of $2,400.
For the loss of an arm:
(a) In case that the employee was at the time of the injury
unmarried, $1,800.
(b) In case the employee was married but had no children,
$2,400.
(c) In case the employee was either married or a widower and
had one child, $2,400 and $300 additional for each additional
child, the total amount not to exceed, however, $3,000.
For the loss of a foot:
(a) In case that the employee was at the time of the injury
unmarried, $1,440.
(b) In case the employee was married but had no children,
$1,800.
(c) In case the employee was either married or a widower and
had one child, $1,920 and $240 additional for each additional child,
but not to exceed the total sum of $2,400.
For the loss of a leg:
(a) In case the employee was at the time of the injury unmar
ried, $1,800.
(b) In case the employee was married but had no children,
$2,400.
(c) In case the employee was either married or a widower and
had but one child, $2,400, with $300 for each additional child, not
to exceed the total sum of $3,000.
For the loss of an eye:
(a) In case the employee was at the time of the injury unmar
ried, $1,440.
(b) In case the employee was married but had no children,
$1,920.
(c) In case the employee was either married or a widower and
had one child, $1,920, plus $240 for each additional child, not to
exceed, however, the total sum of $2,400.
For the loss of an ear, $240.
For the loss of the nose, $480.
For all other injuries causing temporary disability the employer Temporary
shall pay to the employee during the period of such disability fifty disability,
per cent (50%) of his dally average wages: Provided, however,
That the period for the payment for temporary disability shall
not exceed six (6) months. And in all cases where the injury
develops or proves to be such as to entitle the employee to com
pensation under some provision in this schedule, relating to cases
other than temporary disability, and the employee has been paid
compensation for temporary disability, the amount so paid him
shall be deducted from the amount to which he shall be entitled
under such provision in this schedule.
The loss of both hands, or both arms, or both feet, or both
legs, or both eyes, or any two thereof, shall constitute total and
permanent disability and be compensated according to the pro
visions of this act with reference to total and permanent disability.
Amputation between the elbow and the wrist shall be considered
equivalent to the loss of a hand, and amputation between the
knee and the ankle shall be considered equivalent to the loss of
a foot.
Whenever such employee receives an injury, arising out of and Proportionate
in the course of employment, as a result of which he or she is awards.
46
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
partially disabled, and the disability so received is such as to be
permanent in character and such as not to come wholly within
any of the specific cases for which provision is herein made, such
employee shall be entitled to receive as compensation a sum which
bears the same relation to the amount he or she would be entitled
to receive hereunder if he or she were totally and permanently
disabled that the loss of earning capacity of such employee, by
reason of the accident, bears to the earning capacity such em
ployee would have had had he or she not been injured, the amount
to be paid in no case to exceed four thousand eight hundred
($4,800) dollars.
To illustrate: If said employee were of a class that would en
title him or her to four thousand pight hundred ($4,800) dollars
under this schedule, if he or she were totally and permanently dis
abled and his or her injury would be such as to reduce his or her
earning capacity twenty-five (25% ) per cent, he or she would be
entitled to receive one thousand two hundred ($1,200) dollars, it
being the amount that bears the same relation to four thousand
eight hundred ($4,800) dollars that twenty-five (25% ) per cent
does to one hundred (100%) per cent. Should such employee
receive an injury that would impair his or her earning capacity
seventy-five (75 yo) per cent, he or she would be entitled to re
ceive three thousand six hundred ($3,600) dollars, it being the
amount that bears the same relation to four thousand eight hun
dred ($4,800) dollars that seventy-five (75% ) per cent does to one
hundred (100%) per cent.
R ight to Sec. 2. If an injured employee entitled to compensation herehigber awards, under shall be paid compensation under any subdivision or part
of this scredule [schedule], and it shall afterwards develop that
he or she is or was entitled to a higher rate of compensation under
some other part or subdivision of this schedule, then and in that
event he or she shall receive such higher rate, after first deduct
ing the amount that has already been paid him or her: Provided,
however, That no compensation under such increased rate shall
be paid unless the disability entitling the employee thereto shall
develop within two (2) years after the injury.
Settlement by Sec. 3. At any time subsequent to the injury the employer and
agreement.
the employee shall have the right to compromise and settle any
claim for injury hereunder in accordance with schedule herein,
and the employee shall have the right to give full satisfaction and
acquittance therefor and thereby discharge the employer from fur
ther liability, and such satisfaction and acquittance shall be bind
ing upon the said employer, employee beneficiaries under this
act, and all other persons whatsoever.
Willful inten* S e c . 4 . No compensation shall be allowed or paid for the injury
tion.
Waiting time.
Proviso.
or
0f an employee in any case where such injury or death
was occasioned by his or her willful intention to bring about the
injury or death of himself or herself or of another, or where the
employee’s intoxication was the proximate cause of the injury.
Sec. 5. No compensation shall be paid under this act for an
injury which does not incapacitate the employee for a period o f at
least two weeks from earning full wages, but if incapacity extends
beyond the period o f two weeks, compensation shall begin on the
fifteenth day after the injury: Provided, however, That if such
disability continues for eight weeks or longer, such compensation
shall be computed from the date of the injury.
Contractors.
Sec. 6. No contractor or subcontractor shall be entitled to re
ceive compensation under this act, but shall be deemed to be an
employer.
Remedy ex- Sec. 7. The right to compensation for an injury and the remedy
elusive.
therefor granted by this act shall be in lieu o f all rights and
remedies as to such injury now existing either at common law
or otherwise, and no rights or remedies, except those provided for
by this act, shall accrue to employees entitled to compensation
under this act while it is in effect, nor shall any right or remedy,
except those provided for by this act, accrue to the personal or
legal representatives, dependents, beneficiaries under this act, or
next o f kin o f such employees.
COMPENSATION LEGISLATION, 1914, 1915— ALASKA.
47
Sec. 8. Step-parents shall be regarded in this act as parents; and step-parents,
an adopted child, or adopted children, or a stepchild, or children, etc*
shall be regarded in this act as issue of the body.
Sec. 9. Every employee coming within the provisions of this a ct. Statement as
shall, either at the time he or she is employed or thereafter, fur-t0 dependents*
nish his or her employer with a written statement showing the
name or names of each and all persons that would be entitled to
benefits under the provisions of this act in case such employee
should become deceased as a result of an injury received by him or
her arising out of and in the course of his or her employment;
such written statement shall bear the date upon which the same
shall be furnished to the employer and shall be signed by the
employee: Provided, That in cases*where such employee is unable
to write his or her name,, his or her name may be affixed to such
statement by another, and such employee shall make his or her
mark in the manner customary in such cases, and such mark shall
be made in the presence of at least one witness, who shall sub
scribe such statement as a witness.
In all cases where there shall be a change of beneficiaries, or a
change in the address of any beneficiary, the employee may fur
nish the employer with a new statement showing such change;
such new statement to be so furnished shall in all respects con
form and comply with the provisions hereof with reference to the
original statement to be furnished.
In all cases where such statement or statements is or are fur
nished the employer by the employee, the employer shall, if such
employee became deceased as a result of an injury received in the
course of his or her employment, notify each beneficiary named
in the last statement of that fact; such notice shall be given by
sending each beneficiary at the address given in the last state
ment furnished a copy of such notice by registered mail, and an
envelope containing such notice addressed to each beneficiary at
the address given in said last statement furnished shall be de
posited in the post office and registered within ten days after such
employee shall have become deceased.
The notice to be so given shall be substantially in the following
form:
T o ____________(giving the name of the beneficiary):
This is to advise you th a t____________ (giving the name of
the deceased person) became deceased on th e ___ day o f ______ ,
as a result of an injury received while in the employ o f _____
_____ _ You will take notice that all persons entitled to benefits
because of the fact that the above-named employee .was injured
and as a result thereof became deceased, under the laws of
Alaska, are required to serve notice upon the employer within
one hundred and twenty (120) days after the date on which such
employee became deceased, in accordance with the provisions of
the laws of Alaska upon that subject, and that a failure to serve
such notice within the time specified and in the manner specified
will result in depriving the beneficiary failing to give such notice
within such time and in such manner of his or her rights to com
pensation under the laws of Alaska.
Any failure on the part of the employee to supply the employer
with a statement as hereinabove provided shall not work a for
feiture of the right of his or her beneficiaries to benefits hereunder, but it shall relieve the employer of all obligation to give to
any of the beneficiaries of such deceased employee notice of the
fact that such deceased employee became deceased.
In cases where the employer shall have been furnished with such
statement or statements and shall fail to notify the beneficiaries
therein named as shown by the last statement furnished, within
the time and in the manner herein provided, such beneficiaries
who have not been so notified shall have the right to notify the
employer of their claim to benefits and file claims and prosecute
actions or other proceedings for the recovery thereof, notwith-
48
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
standing tlie fact that such notice was not served, as hereinafter
provided, within the period of one hundred and twenty (120)
days from and after the time that the employee became deceased.
Upon the trial of any issue relating to a beneficiary’s right to
compensation under this act, any statement furnished an employer,
as hereinabove provided, may be offered in evidence by such em
ployer, and when so offered shall be received in evidence and shall
be held to establish the fact that the persons named in the state
ment bore to the deceased the relation shown by such statement
at the date thereof.
Notice.
In all cases where any person claims to be a beneficiary under
this act entitled to compensation because of an injury to an em
ployee coming within its prowsions, which resulted in his or her
death, such beneficiary, or some one in his or her behalf, shall
within one hundred and twenty (120) days from and after the
denth of such employee serve a written notice upon the employer,
which notice shall contain the name and address of the person
claiming to be such beneficiary, the relationship existing between
such beneficiary and the deceased; and if such beneficiary shall
be either the father or mother of the deceased, such notice shall
also contain a statement showing that such person was dependent
upon the earnings of the deceased. Such notice shall be liberally
construed, and no claim for compensation shall be denied because
of any defect in the notice: Provided, It appears that a notice was
served with a bona fide intention to comply with the provisions
of this act. Such notice may be served by any person of legal
age by delivering a copy thereof to the employer or the employer’s
agent in person or by leaving a copy thereof at the employer’s prin
cipal place of business within the Territory of Alaska with some
person over the age of eighteen (18) years in the employ of such
employer. If the employer can not be found within the Territory
and has no known agent or place of business therein, such bene
ficiary may serve such notice by publishing the same in one issue
of any newspaper of general circulation published in the judicial
division where the injury? out of which the right to compensa
tion arose, occurred. Except in the cases in this section otherwise
expressly provided, no action or other proceedings to recover such
compensation shall be brought or maintained, nor shall any claim
for such compensation be filed or allowed, as hereinafter provided,
unless such notice shall have been served in the manner and within
the time herein provided.
Deposits by Sec. 10. In case one or more beneficiaries serve notice upon an
apioyers.
employer, as above provided, of his, her, or their claim to com
pensation under this act, such employer may at any time during
the ten days next following the period of one hundred and
twenty (120) days during which such notices could be served,
deposit six thousand (#6,000) dollars with the clerk of the dis
trict court for the division within which such employee was in
jured, or such employer may deposit with such clerk of the court a
bond in the sum of six thousand ($6,000) dollars, signed by such
employer as principal and two or more good and sufficient sureties,
to be approved by the judge of the court, conditioned that such
employer will pay the sum or sums that may be finally awarded as
compensation under this act under the judgment of the court to
the person or persons entitled thereto according to said judgment,
and conditioned further that judgment may be entered on said
bond, not only against the principal, but against the sureties, and
each of them, jointly and severally, as well as by the court in said
proceeding and without bringing a separate action on said bond.
No action brought to recover such compensation shall be tried until
after the expiration of said period of one hundred and twenty
(120) days and said period of ten days.
Notice of de- Sec. 11. Upon depositing such sum or such bond, as above pro>s s*
vided, the employer shall notify in writing any and all persons
who shall have served notice upon such employer as herein pro
vided, claiming to be beneficiaries under this act, of the fact that
such sum or bond has been so deposited. Such notice may be
served by delivering a copy thereof to the person to be served in
COMPENSATION LEGISLATION, 1914, 1916— ALASKA.
49
person or by sending a copy thereof by registered mail to tlie
address given in the notice served upon the employer by the bene
ficiary to be served.
S e c . 12. If prior to the time that such sum or such bond is
A ction s
to
so deposited an action or actions have been commenced against abatesuch employer to recover compensation on account of the death
of such employee by a person or persons claiming to be a bene
ficiary or beneficiaries, such action or actions shall thereupon
abate, and all proceedings had therein shall be quashed and set
aside, and the plaintiff or plaintiffs shall thereupon be required
to establish his, her, or their claims to compensation in the man
ner hereinafter provided. In case where such action or actions
is or are so dismissed, and it is afterwards adjudged that the
plaintiff or plaintiffs is or are entitled to compensation in con
nection with the injury which was the subject matter of the action
or actions so dismissed, such plaintiff or plaintiffs shall then be
awarded his, her, or their costs in the action or actions so dis
missed, which the employer shall be required to pay, in addition
to the other sum or sums awarded against the employer.
Sec. 13. The employer by whom such sum or such bond shall Publication of
have been deposited shall, upon such deposit having been made, notice,
give at least sixty (60) days’ notice of the fact that such sum or
such bond has been so deposited with the clerk of the district
court, which notice shall be published in a newspaper published
within the commissioner’s precinct within which such employee
was injured, or, if no newspaper be published in such precinct,
then in a newspaper published nearest the place where such em
ployee was injured. The notice shall be published once a week
for four (4) consecutive weeks, and the sixty (60) days’ period
shall commence to run from the date of the first publication. Such
notice shall be substantially in the following form :
Notice to beneficiaries b y ------------------- , employer, has de
posited with the clerk of the district court for the Territory of
Alaska, division number ——, the sum of six thousand ($6,000)
dollars (or a good and sufficient bond in the sum of six thousand
($6,000) dollars, as the case may be) in accordance with the pro
visions of the law relating to employees’ compensation, for award
and distribution among the beneficiaries thereto entitled because
of the death o f ------------------ , an employee of said------------------ ,
employer; and all persons are notified, cited, and warned to ap
pear before the district court for the Territory of Alaska, division
number----- , on or before the — day o f --------- and make and
file their claims, if any, to compensation.
------------------ , Employer.
S e c . 14. All beneficiaries shall, within the time fixed by said
Claims to be
notice, file his or her or their claim in writing with such district filedcourt, which said claim shall be verified by the oath of the claim
ant or claimants, or some one authorized thereto in his or her
or their behalf, and shall set up the facts relied upon as a basis
for the claimant’s or claimants’ claim to such compensation under
this act. Two or more claimants may join in the same claim or
may file separate claims. A copy of each claim so filed shall be
served upon the employer, who shall have twenty days, from and
after the time such copy has been so served, to file an answer
thereto. Such answer may admit, or deny, the facts set up in said
claim, either in whole or in part, or may set up any other defense
thereto. And any and all claimants shall have the right within
twenty (20) days from and after the date as fixed in the pub
lished notice within which claims may be filed, to file an answer
thereto admitting or denying the same, either in whole or in part,
or setting up any defense whatsoever to the allowance of such
claim. The court may, in its discretion and in furtherance of
justice, allow the parties to amend the claims or answers filed.
S ec . 15. The court shall upon the application of the employer
Hearings,
or any claimant fix a date for a hearing upon the claim or claims
7044°—Bull. 185—15------1
50
BULLETIN OP THE BUREAU OP LABOR STATISTICS.
so filed, which date shall be not less than thirty (30) days later
than the date fixed in the published notice for the filing of such
claims. The hearing may be continued at any time by the court
for good cause shown as in other cases. Upon the date set for
hearing, or at any time prior thereto, the employer or any claim
ant, who shall have filed his claim, as herein provided, may ask for
a jury to try and determine any issue or issues of fact arising
upon any of the claims and answers so filed. If no jury is de
manded, as above provided, a jury shall be deemed to have been
waived, and the trial of all the issues raised shall proceed before
the judge of the court as in other cases. Upon a trial, whether
before the court or jury, proofs shall be offered by the claimant or
claimants in support of his, her, or their claims to compensation
under this act in the same manner that proof is heard and re
ceived upon the trial of other civil cases. The court shall also
hear and receive such proof as may be offered by the employer
touching the right of any or all of the claimants to compensation
under this act, and the fact that such employer has deposited the
sum aforesaid, or the bond as herein provided for, shall not be
construed as an admission against such employer.
Upon such trial evidence shaU be received in accordance with
the rules of evidence touching any issue of fact raised as herein
before provided. The order of proof shall rest in the discretion
of the court, but such discretion shall be so exercised as to give
all parties a full, fair, and complete hearing. Upon the conclusion
of such trial- the court shall, in all cases tried before the court
without a jury, make written findings of fact based upon the evi
dence before him. And in all cases tried before a jury, the jury
shall determine any and all issues of fact under instruction from
the court as in other cases. Upon the filing of such findings of
fact made by the court, or such verdict rendered by the jury, the
court shaH, unless a new trial is granted, enter a judgment in
accordance therewith.
Return of Sec. 16. If no claim on the part of any dependent be filed with
deposits.
the district court within the time specified by the notice above
referred to, or if such claim or claims be filed and it appear from
the findings of the court or the verdict of the jury that none of
the claimants is entitled to compensation under this act, then the
sum deposited by the employer, less the cost of publishing the
notice above provided for and the filing, trial, and other fees of
court in connection with such proceeding, shall be returned to the
employer in cases where such sum was deposited as above pro
vided, and the bond shall be declared void and the sureties thereon
exonerated in those cases where a bond was deposited, upon the
payment by the employer of the filing, trial, and other fees of
court and the cost of publishing the notice as herein provided.
Payments out Sec. 17. In all cases where a judgment is entered against the emof deposits.
ployer and in favor of one or more claimants, and where the sum
of six thousand ($6,000) dollars was deposited as aforesaid by
the employer,* the amount to which each, any, and all claimants
shall be so adjudged to be entitled shall be paid to such claimant
or claimants out of the sum so deposited without costs and with
out the allowance of interest thereon. And if any part of said
six thousand ($6,000) dollars so deposited shall remain after
such payments have been made to the claimant or claimants enti
tled thereto, under the judgment of the court, such amount shall
be returned to the employer, less the court costs of any claimant
or claimants, in any action or actions which have been dismissed
because of the deposit by the employer of such six thousand
($6,000) dollars, as herein previously provided for. Such court costs
in such cases so previously dismissed shall be allowed and paid
to the claimant or claimants by which the same was or were
brought, in addition to the compensation to which such claimant
or claimants shall be found entitled, and shall be deducted from
the amount deposited in cases where the total amount of the
claims allowed plus such court costs does not exceed six thousand
COMPENSATION LEGISLATION, 1914, 1915— ALASKA*
51
($6,000) dollars. In other cases such claimant or claimants shall
have judgment against such employer for the court costs that shall
have accrued in such action or actions so dismissed.
Sec. 18. In cases where the employer has deposited a bond as Judgments,
herein provided and judgment is entered in favor of one or more
claimants as herein provided, such judgment shall be entered in
favor of the claimant or claimants found entitled thereto, and shall
specify the amount to which each of such claimants, if more than
one, is entitled, and shall be against the employer and each of the
sureties on the bond so deposited in such a manner that each and
all shall be jointly and severally liable under said judgment. In
those cases where any one or more claimants had filed actions
which were dismissed because of the deposit of a bond as herein
provided and such claimant or claimants shall be adjudged entitled
to compensation so as to entitle him, her or them to costs in con
nection with such action under the provisions hereof, and the total
amount of claims allowed plus such costs shall be less than six
thousand ($6,000) dollars, the amount to which any claimant may
be entitled to as such costs shall be added to the amount to which
such claimant is entitled as compensation, and included within
said judgment in his favor and against the employer and the sure
ties as above provided. In all other cases separate judgments shall
be entered against the employer only for the amount of such costs
ii« favor of the claimant or claimants entitled thereto because of
the dismissal of an action previously brought by such claimant or
claimants.
Sec. 19. One or more claimants may take an appeal from any Appeals,
judgment rendered under this act as to such claimant or claimants,
and any employer may take an appeal from any such judgment,
either in whole or in part, that is to say, as to any one or more of
the claimants. Such appeal shall be to the United States Circuit
Court of Appeals for the Ninth Circuit, and shall be taken up on
writ of error, sued out and prosecuted as in other cases. When,
however, an employer takes an appeal from such judgment or any
part thereof against the allowance in favor of any one or more
claimants, and the judgment shall be affirmed as to any such
claimant, the claimant in whose favor the judgment has been so
affirmed shall be entitled to interest at the rate of eight (8% ) per
cent on the amount of his claim calculated from the date of the
judgment and shall also be entitled to costs on appeal.
Sec. 20. Whenever two or more persons claiming to be benefi- Actions to be
ciaries of any deceased employee, whose beneficiaries are entitled conso ida ed*
to compensation under the provisions of this act, bring separate
actions to recover such compensation, such actions shall be con
solidated and tried as one action upon the application of any party
to either or any of such actions.
Sec. 21. Actions for the recovery o f compensation due under this. A c t i o n s
act, may be brought, maintained and determined in and by th ebrought wherecourts o f this Territory, and when so brought shall be governed
by the law o f procedure applicable to other actions for the re
covery o f money except as herein otherwise expressly provided.
Sec. 22. No action for the recovery of compensation hereunder
shall be brought in any court holden outside of the judicial division
in which the injury occurred, out of which the right to compensa
tion arises except in cases where service can not be had on the
employer in the judicial division where the injury occurred. Any
attempt to bring such action in any court outside of the Territory
of Alaska shall work a forfeiture of the right of the plaintiff in
such action to compensation under this act.
Sec. 23. (a) A writ of attachment shall be issued by the clerk of
the court in which such action for the recovery of compensation
under this act is pending or by the United States commissioner
in actions pending in the court of such commissioner. Whenever
the plaintiff or anyone in his behalf shall make and file an affi
davit showing that he or she is entitled to recover compensation
from the defendant, under the provisions of this act, such affidavit
must show all the facts necessary to bring the plaintiff within
Venue,
Procedure,
52
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
the provisions of this act, and must further set up all the facts
necessary to show that a cause of action exists in favor of the
plaintiff and against the defendant for the amount sued for and
for which the attachment is sought under the provisions of this
act.
.(b ) Upon filing such affidavit in actions pending as aforesaid
with the clerk of the court, or the commissioner in actions pend
ing in the court of such commissioner, the plaintiff shall be enti
tled to have a writ of attachment issued without filing any bond
or other security; such writ shall be directed to the marshal, and
shall in all respects conform to writs of attachment in other cases
and shall be issued, served, executed, and returned in the same
manner that writs of attachment in other cases are now issued,
served, executed, and returned.
(c)
The defendant may, however, file a written undertaking in
any pending cause for the benefit of the plaintiff in an amount
equal to double the amount sued for, executed by two or more
sufficient sureties, to be approved by the judge or commissioner in
whose court the action is pending, and conditioned that the de
fendant will pay any judgment that may be awarded against such
defendant in the action. No writ of attachment shall issue after
such undertaking has been filed by the defendant, and if such un
dertaking shall be filed after the writ has been issued such writ
shall be quashed, and if property has been attached under such
writ at the time of the filing of such undertaking such attach
ment shall be dissolved and set aside and the property attached
returned to the defendant.
Medical ex- Sec. 24. The employee shall, after an injury, at reasonable times
aminations.
during the continuance of his or her disability, if so requested by
his or her employer, submit himself or herself to an examination
by a physician or surgeon authorized to practice medicine under
the laws of the Territory of Alaska, furnished and paid for by the
employer. The employee shall have the right to have a physician,
provided and paid for by himself or herself, present at such
examination or examinations. If any employee refuses to submit
himself or herself to any such examination or examinations pro
vided for in this act, or in any way obstructs any such examina
tion or examinations, his or her rights to compensation shall be
suspended, and his or her compensation during such period of
suspension may, in the discretion of the jury or court determining
an action brought for the recovery of compensation under this act,
be forfeited.
Waivers.
Sec. 25. No agreement by an employee to waive his or her rights
to compensation under this act shall be valid, except as herein
elsewhere provided, and no employer or employee shall exempt
himself, herself, or itself, except in the manner herein elsewhere
provided, from the burden or waive the benefits o f this act by
any contract, agreement, rule, regulation, or device, and any such
contract, agreement, rule, regulation, or device shall be absolutely
void.
Limitation.
Sec. 26. Any and all claims for compensation under this act
shall be barred unless an action for the recovery o f the same shall
be commenced within two years after the cause o f action shall
have accrued, or in the event o f mental incapacity within two years
after the removal o f such mental incapacity.
Liability of Sec. 27. Where the injury for which compensation is payable
third parties, under this act was caused under circumstances creating a legal
liability in some one other than the employer to pay damages in
respect thereof, the employee may take proceedings both against
the one so liable to recover damages and against anyone liable to
pay compensation under this act, but shall not be entitled to re
ceive both damages and compensation. And if the employee has
been paid compensation under this act, the employer by whom the
compensation was paid shall be entitled to indemnity from the per
son, firm, or corporation so liable to pay damages as aforesaid, and
to the extent of such indemnity shall be subrogated to the rights
of the employee to recover damages therefor.
COMPENSATION LEGISLATION, 1914, 1915— ALASKA.
53
Sec. 28. When five or more employees, as defined by this act, are Election pre
employed in the same general employment in connection with min-sum wuen.
ing operations carried on in this Territory, and in the usual and
ordinary conduct of such operations, it shall be presumed that the
employer, as defined by this act, has elected to pay compensation
according to the terms, conditions, and provisions of this act to
such employees as may sustain personal injury arising out of and
in the course of the employment, and in such case the employer
shall be relieved from liability for a recovery of damages or other
compensation for such personal injuries unless by the terms of this
act otherwise provided.
Sec. 29. If such employer exercise the right to reject the terms, Defenses abconditions, and provisions of this act, in the manner and f0rm rogated*
by this act provided, such employer shall not escape liability for
personal injury sustained by an employee of such employer when
the injury sustained arises out of and in the usual course of the
employment because:
(1) The employee assumed the risks inherent to or incidental to
or arising out of his or her employment, or the risks arising from
the failure of the employer to provide and maintain a reasonably
safe place to work, or the risks arising from the failure of the em
ployer to furnish reasonably safe tools or appliances, or because
the employer exercised reasonable care in selecting reasonably
competent employees in the business;
(2) That the injury was caused by the negligence of a co
employee;
(3) That the employee was negligent, unless and except it shall
appear that such negligence was willful and with intent to cause
the injury; or the result of intoxication on the part of the in
jured party;
(4) In actions by an employee against an employer for personal
injury sustained arising out of and in the course of the employ
ment where the employer has elected to reject the provisions of
this act, it shall be presumed that the injury to the employee was
the first result and growing out of the negligence of the employer,
and that such negligence was the proximate cause of the injury;
and in such case the burden of proof shall rest upon the employer
to rebut the presumption of negligence.
Sec. 30. Every such employer shall be conclusively presumed to Notice of rehave elected to pay compensation to employees for injuries sus-jection*
tained arising out of and in the course of the employment accord
ing to the provisions of this act, unless and until notice in writing
of an election to the contrary shall have been given to the em
ployee by recording said notice with the United States commis
sioner in whose precinct the employer’s operations are carried on;
and if such operations are carried on in more than one precinct,
then such notice shall be recorded in the office of the commissioner
for each precinct in which the same are being conducted, and the
notice to reject shall be recorded by the commissioner, who shall
be paid a fee of one and one-half dollars therefor, and such notice
when so recorded shall be and become a public record. Such re
corded notice shall be substantially in the following form, and the
signature shall be witnessed by two witnesses:
. employer’ s notice to reject.
To the employees of the undersigned:
You and each of you are hereby notified that the undersigned
rejects the terms, conditions, and provisions to pay compensa
tion to employees of the undersigned for injuries received as pro
vided in the act of the Legislature of the Territory of Alaska,
known as “An act relating to the measure and recovery of com-,
pensation of injured employees in the mining industry of this
Territory, and the compensation to designated beneficiaries where
such injuries result in death, defining and regulating the liability
of employers to their employees in connection with such industry,
and repealing all acts and parts of acts in conflict with this act,”
54
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
and that the undersigned employer elects to pay damages for per
sonal injuries of such employees under the common law and
statutes of this Territory, modified by the provisions of the act
above referred to and the other laws of the Territory of Alaska.
( S i g n e d ) ------------------ .
Witnesses:
Sec. 31. The notice so recorded shall apply to the employees
subsequently employed by the employer with the same fullness
and effect and to the same extent and in like manner as employees
in the employ at the time the notice was recorded, except as herein
provided.
Terms of con- Sec. 32. Where the employer and employee have not given notice
tract.
0f an election to reject the terms of this act, this act shall constitute a part of every contract of hire, express or implied, and
the same shall be construed as an agreement on the part of the
employer to pay and on the part of the employee to accept com
pensation in the manner as by this act provided for all personal
injuries sustained arising out of and in the course of the employ
ment.
Rejection by Sec. 33. All employees affected by this act shall be conclusively
employees.
presumed to have elected to take compensation in accordance with
the terms, conditions, and provisions of this act until notice in
writing shall have been served upon the employer or his agent in
person, and shall also have been recorded in the office of the com
missioner for the precinct in which the mining operations of the
employer, in connection with which the employee is employed, are
conducted; and if such operations are carried on in more than one
precinct, then the same shall be recorded in the precinct wherein
the employer’s principal place of business in the Territory is
situate, and the commissioner shall record the same, and shall
. receive a fee of one dollar and fifty cents therefor, and the same
shall be and become a public record. Such notice shall be accom
panied with an affidavit thereon showing the date upon which the
same was served upon the employer.
(b)
In the event that such employee elects to reject the terms,
conditions, and provisions of this act, the rights and remedies
thereof shall not apply where an employee brings an action or
takes proceedings to recover damages or compensation for injuries
received growing out of and in the course of his or her employ
ment except as otherwise provided by this act; and in such actions
where the employee has rejected the terms of this act the employer
Defenses.
shall have the right to plead and rely upon any and all defenses,
including those at common law, and the rules and defenses of
contributory negligence, assumption of risk, and fellow servant
shall apply and be available to the employer, unless otherwise
provided in this act: Provided, however, That if an employee sus
tains an injury as the result of the employer’s failure to furnish
or fails to exercise reasonable care to keep or maintain any safety
device required by statute, or violates any of the statutory pro
visions or rules and regulations now or hereafter in force relating
to safety of employees, the doctrine of assumed risk in such case
growing out of the negligence of the employer shall not apply or
be available as defensive matter to such offending party. The
notice required to be given by an employee shall be substantially
in the following form :
. £ uture Wr*
employee’ s notice to beject.
T o ------------------ (giving the name of the employer):
You are hereby notified that the undersigned elects to reject
the terms, conditions, and provisions of an act for the payment
of compensation as provided by an act of theuTerritorial Legislature
of the Territory of Alaska, entitled “An act relating to the meas-
COMPENSATION LEGISLATION, 1914, 1915— ALASKA.
55
tire and recovery of compensation of injured employees in the
mining industry of this Territory and the compensation to desig
nated beneficiaries where such injuries result in death, defining
and regulating the liability of employers to their employees in
connection with such industry, and repealing all acts and parts
of acts in conflict with this act,” and acts amendatory thereto,
and elects to rely upon the common law, as modified by the pro
visions of the act last above referred to, for the right to recover
for personal injury which I may receive, if any, growing out of
and arising from the employment while in line of duty for my
employer above named.
Dated th is------ day o f -------- , -------- .
( S i g n e d ) ------------------ .
United States of America,
Territory of Alaska, ss:
The undersigned being first duly sworn deposes and [says]:
That the above and foregoing written notice was on th e----- day
o f -------- served on the within-named employer of the undersigned
by delivering to ------------------ (here give the name of the employer
or his agent) a true, correct, and verbatim copy thereof.
( S i g n e d ) ------------------ .
Subscribed and sworn to before me this ------ day of -------- ,
'
*
Notary Public for Alaska.
My commission expires--------------- .
Sec. 34. Where the employer or employee has given notice in Term of eieccompliance with this act electing to reject the terms thereof, such tton*
election shall be for one year from the date of becoming effective,
and unless renewed with thirty days before the expiration of one
year, as herein provided, it shall be conclusively presumed that
such party has elected to waive the rejection made and come under
the provisions of this act to pay or accept, as the case may be, Renewal of
the compensation here provided until the contrary is shown by notice,
the service of notice anew, electing to reject the provisions of
this act as herein provided.
Sec. 35. Where an employer or employee rejects the terms, con- waiver of reditions, or provisions of this act such party may at any time jections.
thereafter elect to waive the same by giving notice in writing in
the same manner required of the party in electing to reject the
provisions of this act, and which shall become effective and be
recorded with the commissioner or commissioners in like manner
that said notice to reject is required to be recorded.
Sec. 36. Where the employer and employee elect to reject the Rejections by
terms, conditions, and provisions o f this act the liability o f the both Parties,
employer shall be the same as though the employee had not re
jected the terms and conditions thereof and the employer had
rejected the same.
Sec. 37. No claim for compensation due under this act shall Assignment of
be assignable, and all compensation due hereunder shall be exempt claims,
from execution.
Sec. 38. Whenever the term “ employer ” is used in this act
reference is had to any person or persons, partnership, joint-stock
company, association, or corporation employing five or more em
ployees in connection with mining operations carried on in this
Territory. And whenever the term “ employee” is used in this
act reference is had to an employee employed by an employer as
above defined.
Employer,
Sec. 39. The phrase “ mining operations,” whenever used in this Mining operact, shall be held to include all work in connection with under- ations.
ground workings, underground mines, open-cut working, surface
working, stamp mills, roller mills, chlorination processes, cyanide
processes, coke ovens, all reduction work o f any kind or character,
and all work performed on or for the benefit o f any mine, mining
claim, or claims, whether quartz or placer, and the phrase shall
be held to include development and construction work as well as
work carried on in connection with actual mining or milling.
56
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Beneficiary.
Genders.
Costs.
Sec. 40. The term “ beneficiary,” as used in this act, refers to
any person entitled to compensation under the provisions hereof.
Seo. 41. The masculine gender whenever used herein shall be
held to include the feminine and neuter.
Sec. 42. I f the court before whom any proceedings are brought
under this act determines that such proceedings have been brought,
prosecuted, or defended without reasonable ground, it may assess
the whole cost o f the proceedings upon the party who has so
brought, prosecuted, or defended them.
Approved April 29, 1915.
CALIFORNIA.
ACTS OF 1913.
Chapter 176.—Compensation of workmen for injuries—State
insurance fund.
[Several sections of this act were amended by chapters 541, 607,
and 662 of the legislature of 1915, many of the amendments being
of minor importance, however.
Section 2 was amended by chapters 607 and 662, one change
being merely the change of thirty-six to thirty-five in subdivision
(3), to accord with the facts as to section numbers.
In subdivision (6) the definition of the term “ insurance car
rier ” is broadened to include reciprocal or interinsurance ex
changes.
Section 12 is amended (chapter 607) by substituting the word
“ injury ” for the word “ accident,” where the latter occurs, and
so generally throughout the act ( “ happening of an accident ” now
reads “ suffering of an injury” ) ; also by adding a new para
graph to subsection (b ). The section now reads as follows:]
Sec. 12 (as amended by chapter 607, Acts of 1915). (a) Liability
for the compensation provided by this act, in lieu of any other lia
bility whatsoever to any person, shall, without regard to negli
gence, exist against an employer for any personal injury sustained
by his employees arising out of and in the course of the employ
ment and for the death of any such employee if the injury shall
proximately cause death, in those cases where the following con
ditions of compensation concur:
(1) Where, at the time of the injury, both the employer and
employee are subject to the compensation provisions of this act.
(2) Where, at the time of the injury, the employee is perform
ing service growing out of and incidental to his employment and
is acting within the course of his employment as such.
(3) Where the injury is proximately caused by the employment,
either with or without negligence, and is not so caused by the in
toxication or the willful misconduct of the injured employee.
(&)
Where such conditions of compensation exist, the right to
recover such compensation pursuant to the provisions of this act,
shall be the exclusive remedy against the employer for the injury
or death, except that when the injury was caused by the employer’s
gross negligence or willful misconduct, and such act or failure to
act causing such injury was the personal act or failure to act on
the part of the employer himself, or if the employer be a partner
ship on the part of one of the partners, or if a corporation, on the
part of an elective officer or officers thereof, and such act or failure
to act indicated a willful disregard of the life, limb, or bodily safety
of employees, any such injured employee may, at his option, either
claim compensation under this act or maintain an action at law
for damages.
If such action is commenced and at any time before judgment
is withdrawn or dismissed and the injured employee or his de
pendents apply for compensation under this act, the commission
shall allow the employer or insurance carrier, as a counterclaim
or set-off against any indemnity or death benefit awarded, the
reasonable expense incurred in preparing for or making a defense
against such suit for damages.
BULLETIN OP THE BUREAU OF LABOR STATISTICS.
(e)
In all other cases where the conditions of compensation do
not concur, the liability of the employer shall be the same as if
this act had not been passed.
[Section 13 is amended (chapter 607) by adding after the words
“ public corporations,” the words “ and quasi-public corporations ”
to the list of employers to whom the law applies.
Section 14 is amended (chapter 541) by adding at the end the
words, “ and also excluding any person holding an appointment as
deputy clerk, deputy sheriff or deputy constable appointed for the
convenience of such appointee and who receives no compensation
from the county or municipal corporation or from the citizens
thereof for services as such deputy.”
Section 15 is amended (chapter 607) by adding in subsection
(a) artificial members to the list of objects to be supplied by the
employer, and by authorizing the industrial accident commission
to extend beyond 90 days the term during which medical, etc., aid
is to be rendered. A rating is added to the schedule of permanent
disability benefits, providing for a payment of 65 per cent of the
average wages for a term of 4 weeks in case of a 1 per cent dis
ability. Subdivision (8) of part 2, subsection (&) of this section
is amended so as to read as follows:
“ (8) Nothing contained in the foregoing schedule of permanent
disability indemnity shall be held to limit the amount of compensa
tion recoverable for any such permanent injury during any period
of total incapacity resulting from that injury.”
A new subdivision numbered (10) is also added to this part, as
follows:]
(10) The percentage of permanent disability caused by any in
jury shall be so computed as to cover the permanent disability
caused by that particular injury without reference to any injury
previously suffered or any permanent disability caused thereby.
[Subsection (c) of section 15 is amended by adding a provision
for the payment of the expense of burial by the employer in an
amount not to exceed $100, which sum, however, is to be com
puted as part of the total of the benefits payable.
Section 16 is amended (chapter 607) by adding to subsection
(c) the following proviso: “ Provided, however, That nothing
contained in this section shall be construed to bar the right of
any injured employee to institute proceedings for the collection
of compensation within two hundred forty-five weeks after the
date of the injury, upon the grounds that the original injury has
caused further disability; and the jurisdiction of the commission
in such cases shall be a continuing jurisdiction at all times within
such period.”
In subsection (d) the words “ a minor” in the second line are
superseded by the words “ under twenty-one years of age” ; a
similar change is made in the last clause of this subsection, and
in section 17, subsection (c), but not in other places where it
occurs. In subsection (e) the opinion of the commission as to
the risk of an operation must be “ based upon expert medical or
surgical advice.”
Section 17 is amended (chapter 607) in subsection (a), sub
division (3), so that said subdivision now reads as follows:]
(3)
In every case where for any reason the foregoing methods
of arriving at the average annual earnings of the injured em
COMPENSATION LEGISLATION, 1914, 1915— CALIFORNIA.
ployee can not reasonably and fairly be applied, such annual earn
ings shall be taken at such sum as shall reasonably represent the
average annual earning capacity of the injured employee at the
time of the injury in the kind of employment in which he was
then working, or in any employment comparable therewith, but
hot of a higher class.
[Subsection (c) is amended so as to read as follows:]
(c)
If the injured employee is under twenty-one years of age,
and his incapacity, whether total or partial, is permanent, his
average weekly earnings shall be deemed, within the limits fixed,
to be the weekly sum that under ordinary circumstances he would
probably be able to earn after attaining the age of twenty-one
years in the occupation in which he was employed at the time of
the injury, or the occupation to which he would reasonably have
been promoted if he had not been injured.
[Section 19, subsection (a), subdivision (1) (amended by chap
ter 607), now reads as follows:]
(1) A wife upon a husband with whom she was living at the
time of his death or for whose support such husband was legally
liable at the time of his death.
[The words “ uncle or aunt, brother-in-law or sister-in-law,” are
inserted in subsection (c) before the closing words “ nephew or
niece.”
To subsection (e) the following is added:]
In the event of the death of any dependent beneficiary of any
deceased employee, the unpaid death benefit shall be apportioned
to the surviving dependents of such deceased employee, if any,
as the commission may direct, but if there be no surviving depend
ent of such deceased employee, the death of such dependent shall
terminate the death benefit, which shall not survive to the estate
of such deceased dependent, unless otherwise provided by law.
[Section 20 is amended (chapter 607) by substituting the word
“ disability” for “ injury” in the phrase “ injury or death,” in
the first clause; also by striking out the words “ accident and ” in
the first proviso.
Section 22 is amended (chapter 607) so as to give specific juris
diction to the commission over any controversies relating to ques
tions of medical, surgical, etc., benefits.
Section 24 is amended (chapter 607) so as to allow adjournment
from time to time and place to place in the discretion not only
of the commission, but also of the commissioner or referee holding
any hearing.
Section 25 is amended (chapter 607) only by substituting the
term “ injury ” for “ accident.”
Section 26 is amended (chapter 607) in subsection (d) by
striking out the first sentence thereof.
Section 29, subsection (&), subdivision (2) (amended by chapter
607), now reads as follows :]
•
(2) The reasonable expense incurred by or on behalf of the
injured employee, as defined in subsection (a) of section fifteen
hereof.
[The present subdivision (3) is renumbered (4) and a new
subdivision (3) inserted, as follows:]
(3) The reasonable value of the living expenses of an injured
employee, not exceeding sixty-five per cent of his weekly wages
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
between the date of bis injury and the payment of the disability
indemnity or death benefit awarded: Provided, That no such
allowance shall be made while an injured employee is confined to
a hospital for treatment as a part of such treatment.
[Subdivision (c) is amended so as to read as follows:]
(e)
If notice in writing be given to the employer setting forth
the nature and extent of any claim that may be allowed as a
lien, the said claim shall be a lien against any amount thereafter
to be paid as compensation, subject to the determination of the
amount and approval thereof by the commission. The commission
may, in its discretion, order the amount of such claim as fixed
and allowed by it paid directly to the person entitled either in a
lump sum or in installments.
[Section 30 is amended (chapter 607) in subsection (<?), subdi
vision ( 1), by inserting the words “ or to have executed” after
the words “ to execute.”
Section 32 is amended (chapter 607) by striking out the words
“ until and ” near the end of subsection ( 6).
The amendments of section 33 are the same as for section 25.
Section 34, subsection (a ), is amended (chapter 607) by adding
thereto the following:]
Provided, however, That it shall be unlawful for any employer
to exact or receive from any employee any contribution, or make
or take any deduction from the earnings of any employee, either
directly or indirectly, to cover the whole or any part of the cost
of compensation under this act, and it shall be a misdemeanor
so to do.
[Section 36 is amended (chapter 607) by inserting after the
words “ liability for compensation under this act ” the words “ and
against the expense of defending any suit for damages under the
optional provisions of section twelve hereof (subdivision ( 6) ) .”
Section 37 is amended (chapter 607) by adding at the end of
said section the following:]
In order that the State compensation insurance fund shall ulti
mately become neither more nor less than self-supporting, the
actual loss experience and expense of the fund shall be ascer
tained on or about the first of January in each year for the year
preceding, and should it then be shown that there exists an excess
of assets over liabilities, such liabilities to include the necessary
reserves and a reasonable surplus for the catastrophe hazard, then,
in the discretion of the commission, a cash dividend shall be de
clared to, or a credit allowed on, the renewal premium of each
employer who has been insured with the fund, such cash dividend
or credit to be such an amount to which, as in the discretion of the
commission, such employer may be entitled as the employer’s pro
portion of divisible surplus.
[Section 46 is amended so as to read as follows:]
Sec. 46 (as amended by chapter 607, Acts of 1915). Bach county,
city and county, city, school district, or other public corporation
or quasi-public corpocation within the State, not including, how
ever, any public utility corporation, may insure against its lia
bility for compensation with the State compensation insurance
fund and not with any other insurance carrier unless such fund
shall refuse to accept the risk when the application for insurance
is made, and the premium therefor shall be a proper charge
against the general fund of each such political subdivision of the
State.
COMPENSATION LEGISLATION, 1914, 1915--- CALIFORNIA.
[Section 47 is amended (chapter 607) by adding thereto “ and
for this service such officials may be allowed such commission or
other compensation as the commission may from time to time
direct.”
Section 71, subsection (a) is amended so as to read as follows:]
Sec. 71 (as amended by chapter 607, Acts of 1915). (a) Every
employer of labor without any exceptions, and every insurance car
rier, and every physician or surgeon who attends any injured
employee, is hereby required to file with the commission, under
such rules and regulations as the commission may from time to
time make, a full and complete report of every injury to an em
ployee arising out of or in the course of his employment and re
sulting in loss of life or injury to such person. Such reports shall
be furnished to the commission in such form and such detail as
the commission shall from time to time prescribe, and shall make
specific answers to all questions required by the commission
under its rules and regulations. It shall be unlawful for any per
son, firm, corporation, agent, or officer of a firm or corporation to
fail or refuse to comply with any of the provisions of this section,
and any such person, firm, corporation, agent, or officer of a firm
or corporation who fails or refuses to comply with the provisions
of this section shall be guilty of a misdemeanor for each and every
offense, and upon conviction thereof shall be punishable by a fine
of not less than ten dollars nor more than one hundred dollars.
Any such employer or insurance carrier who shall furnish such
report shall be exempt from furnishing any similar report or re
ports authorized or required under the laws of this State.
[Section 72, besides the amendments (chapter 607) substituting
the word “ injury ” or “ injuries ” for “ accident ” or “ accidents,”
as already indicated, substitutes the word “ disability” for the
words “ personal injury” in the phrase “ resulting in personal
injury or death.”
Section 75 is amended (chapter 607) by inserting the words “ if
required by the commission or a commissioner ” in subdivision (3)
where the matter of bonds of guardians or trustees is mentioned.
A new section is here added, as follows:]
Sec. 75a (added by chapter 607, Acts of 1915). The commis
sion shall have jurisdiction over all controversies arising out of
injuries suffered without the territorial limits of this State in
those cases where the injured employee is a resident of this State
at the time of the injury and the contract of hire was made in
this State and any such employee or his dependents shall be
entitled to the compensation or death benefits provided by this act.
[Section 76 is amended (chapter 607) in subsection (5) by
striking out after the words “ general referees ” the words “ who
are residents of the county or city and county for which they are
appointed and.”
Section 77 is amended (chapter 607) by adding at the end of
subsection (a) the following:]
Nor shall any order, award, rule, or regulation be invalidated
because of the admission into the record and use as proof of any
fact in dispute, in the discretion of the commission, of any hear
say or testimony not competent to be admitted in a trial in court:
Provided, That such hearsay or testimony be or refer to the state
ments, written or oral, of a person who is dead or who can not
after diligent search be found, and relate directly to the injury
in question.
[Section 81, subsection (e) is amended (chapter 607) by in
serting after the words “ the issues raised” the words “ or any
one or more of such issues.” ]
CANAL ZONE.
ACTS OF U. S. CONGRESS, 1911-12.
C hapter
390. —Compensation
for injuries of employees on the
Isthmian Canal and the Panama Railroad.
S e c t io n 5.
♦
*
♦
♦
*
The President shall provide a method for the determination a n d ®Zstem to be
adjustment of all claims arising out of personal injuries to em
ployees thereafter occurring while directly engaged in actual
work in connection with the construction, maintenance, operation,
or sanitation of the canal or of the Panama Railroad, or of any
auxiliary canals, locks, or other works necessary and convenient
for the construction, maintenance, operation, or sanitation of the
canal, whether such injuries result in death or not, and prescribe
a schedule of compensation therefor, and may revise and modify
such method and schedule at any time; and such claims, to the
extent they shall be allowed on such adjustment, if allowed at
all, shall be paid out of the moneys hereafter appropriated for
that purpose or out of the funds of the Panama Railroad Com
pany, if said company was responsible for said injury, as the
case may require. And after such method and schedule shall be
provided by the President, the provisions of the act entitled “An Acts superact granting to certain employees of the United States the right seded.
to receive from it compensation for injuries sustained in the
course of their employment,” approved May thirtieth, nineteen
hundred and eight, and of the act entitled "An act relating to
injured employees on the Isthmian Canal,” approved February
twenty-fourth, nineteen hundred and nine, shall not apply to
personal injuries thereafter received and claims for which are
subject to determination and adjustment as provided in this
section.
In accordance with the above an order was issued February 26, 1913.
The operation of this order was suspended by order of March 24, 1913,
and a new order was issued March 20, 1914, which follows:
E xecutive Order.
Compensation of workmen for injuries.
By virtue of the authority vested in me by section 5 of the Basis of
Panama Canal Act, approved August 24, 1912. * * * I hereby order,
establish the following order:
Section 1. The United States or the Panama Railroad Company who to receive
shall pay compensation as hereinafter specified for personal in-compensation,
juries to their respective employees occurring on and after April
1,1914, while such employees are directly engaged in actual work
in connection with the construction, maintenance, operation or
sanitation of the Panama Canal, or of the Panama Railroad, or
of any auxiliary canals, locks or other works necessary and con
venient for the construction, maintenance, operation or sanitation
of the Panama Canal, whether such injuries result in death or not:
Provided, however, That no compensation shall be paid to any em
ployee for any injury occurring to himself, nor shall any compen
sation be paid to his legal representatives or other person in the
event of his death, if such injury or death occurred to him as the
result of an intention upon his part to cause such injury to him
self or to cause his own death; and no compensation shall be paid
to any employee who is injured as the result of an intention upon
his part to cause injury or death to another person, nor shall any
64
BULLETIN OP THE BUBEAU OF LABOB STATISTICS.
compensation be paid to his legal representatives or to any other
person in the event of his death, as the result of an intention upon
his part to cause injury or death to another person: And provided
further, That no compensation shall be paid to any employee for
any injury to himself which was brought about by reason of his
own intoxication; and similarly, no compensation shall be paid to
the legal representatives or to any other person for or on account
of the death of any employee when such death was brought about
by reason of the intoxication of such employee.
System ex- Sec. 2. Except as provided in this order, the United States and
elusive.
the Panama Railroad Company shall not be liable for personal
injury to or the death of an employee for which compensation is
w ... ..
provided in section 1 hereof.
w a itin g time.
gEC# 3
compensation shall be paid for a period of disability
unless such period shall cover seven full consecutive days following
the day of the inception of such disability. For any part of the
day on which disability on account of injury begins and for the
first four days of disability following, no compensation shall be
paid at any time except as provided in sections 9 and 10.
Compensation
S e c . 4 . If the injury results in permanent total disability, comd^saWifty.anen pensation shall be paid to the employee, except as provided in sec
tion 16, for a period of eight years. For the first three months of
such period, following the fourth entire day of disability, the
monthly compensation shall equal 75 per cent of his monthly pay,
and for the remainder of the period 5 0 per cent of his monthly
pay.
The following cases shall be included among those held to result
in permanent total disability, to wit:
The total and irrecoverable loss of sight in both eyes;
The loss of both feet at or above the ankle;
The loss of one hand and one foot;
The loss of both hands at or above the wrist;
Paralysis of the legs, arms, feet or hands, or an arm and a leg;
Injury resulting in incurable imbecility or insanity.
T em porary
S e c . 5. If the injury results in temporary disability, compensadisabmty.
ti0n shall be paid to the employee, except as provided in section 16,
until the end of the period for which compensation is payable as
fixed below, unless such employee in the opinion of the governor
of the Panama Canal is sooner able to resume work. For the first
three months of such period, following the fourth entire day of
disability, the monthly compensation shall equal 7 5 per cent of
his monthly pay, and for the remainder of such period, 50 per cent
of his monthly pay.
For the fracture of the skull, both tables, thirteen months;
For the fracture of the thigh, twelve months;
For the fracture of the arm between the elbow and shoulder,
twelve months;
For the fracture of the pelvis, ten months;
For the fracture of the leg, eight months;
For the fracture of the patella, eight months;
For the fracture of the forearm between the wrist and elbow,
six months;
For the fracture of two or more ribs, four months;
For the fracture of the foot, five months;
For the fracture of the clavicle, three months;
For the fracture of the lower jaw, three months;
For the fracture of two or more toes, two months;
For the fracture of two or more fingers, two months.
In all other cases of injury resulting in temporary disability, or
in the event of two or more injuries listed above, the governor
shall fix the period for which compensation shall be paid, basing
his decision on the relation that the injury or injuries received
bears to those given above.
If before the expiration of the period for which compensation
is payable, the governor of the Panama Canal determines that the
employee is capable of performing any class of work, and it is
desired to continue such employee in the service, there shall be
paid to the employee until the end of the period, or during such
COMPENSATION LEGISLATION, 1914, 1915— CANAL ZONE.
65
temporary partial disability, a monthly compensation equal to
seventy-five per cent of the difference between the monthly rate
ot compensation received by him at time of injury and the wages
per month of the particular class of work which the governor de
termines the employee capable of performing.
Sec. 6. If the injury results in permanent partial disability, hilE.artial disa’
compensation shall be paid to the employee, except as provided in
y‘
section 10, until the end of the period for which compensation is
payable, as fixed below. For the first three months of such period,
following the fourth entire day of disability, the monthly com
pensation shall equal 75 per cent of his monthly pay, and for the
remainder of the period, 50 per cent of his monthly pay.
(A) If the injury is included in the following list the period for
which the compensation is payable as stated for such injuries may
be increased by the governor of the Panama Canal at his discretion
by not to exceed fifty per cent of the period specified, having regard
to the nature of the employee’s trade or qualifications for work:
For the loss by separation of one arm, at or above the elbow
joint or permanent or complete loss of the use of one arm, forty
months;
For the loss by separation of one hand at or above the wrist
joint, or the permanent and complete loss of the use of one hand,
thirty-two months;
For the loss by separation of one leg at or above the knee joint,
or the permanent or complete loss of the use of one leg, thirty-six
months;
For the loss by separation of one foot at or above the ankle joint,
or the permanent or complete loss of the use of one foot, twentyfour months;
For the permanent and complete loss of hearing in both ears,
forty months;
For the permanent and complete loss of hearing in one ear,
eighteen months;
For the permanent and complete loss of the sight of one eye,
sixteen months;
(B) If the injury is included in the following list, the period
shall be that stated for such injury:
For the loss by separation of a thumb, ten months;
For the loss by separation of a first finger, seven months; a
second finger, five months; a third, finger, four months; a fourth
finger, three months;
The loss of one phalanx of a thumb or two phalanges of a finger
shall be considered equal to the loss of one-half a thumb or finger,
and compensation for one-half of the above period shall be pay
able;
The loss of more than one phalanx of a thumb and more than
two phalanges of a finger shall be considered as the loss of an
entire thumb or finger;
For the loss by separation of a great toe, compensation for
eight months, and any other toe, compensation for three months
will be paid.
In all other cases of injury resulting in permanent partial dis
ability, or in the event of two or more injuries listed in clauses
“A” and “ B,” the governor shall fix the period for which compen
sation shall be paid, basing his decision on the relation that the
injury or injuries bears to those given in clauses “A” and “ B ” :
Provided, however, That in no case shall payment be made for a
period greater than sixty months.
If before the expiration of the period for which compensation is
payable the governor of the Panama Canal determines that the
employee is capable of performing any class of work, and it is de
sired to continue such employee in the service, there shall be paid
to the employee until the end of the period a monthly compensa
tion equal to seventy-five per cent of the difference between the
monthly rate of pay received by him at the time of injury and his
wage-earning capacity per month.
7044°—BuU. 185—15----- 5
66
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Wages of bene- gEc. 7. After the beginning of partial disability the governor of
tiaUy disaW e£P anam a Canal may, from time to time, require the injured em
ployee to make an affidavit as to the wages per month which he is
receiving. In tlie statement of the wages, the value of rent, board,
lodging, and other advantages received from the employer, which
can be estimated in money, shall be taken into account. If the
employee at any time fails to make such affidavit, he shall not be
entitled to any compensation while such failure continues, and
the period of such failure shall be deducted from the period during
which compensation is payable to the employee: Provided, how
ever, That it the said employee, in any such affidavit furnished,
shall swear falsely with respect to any material fact within his
knowledge, the compensation otherwise payable to him shall, from
the time of the filing of such affidavit or the ascertainment of the
falsity thereof, cease and determine.
worj£fu sal t0 ®EC*
an emI)loJTee>determined to be capable for such work,
refuses to work after suitable work is furnished to or secured for
him by the United States or by the Panama Railroad Company,
he shall not be entitled to any compensation while such refusal
continues, and the period of such refusal shall be deducted from
the period during which compensation is payable to the employee.
Sick leave.
Sec. 9. If at the time disability begins the employee has to his
credit any unused sick leave, he may, at his option, subject to the
approval of the governor of the Panama Canal, use such leave
until it is exhausted. During such time no compensation under
this order shall accrue, and any period of sick leave so used after
the first four days of disability following the day of injury shall
be deducted from the period for which compensation under this
order is payable to the employee.
Medical, etc., Sec. 10. There shall be furnished to the injured employee such
medical, surgical, and hospital service and supplies as may in the
opinion of the governor of the Panama Canal be deemed just and
reasonable, except that when an injured employee not on the
Isthmus of Panama elects to furnish his own physician, or to care
for himself, the expense thereof is to be borne by the employee
and no allowance therefor will be made under this order. If any
such injured employee shall refuse to submit to the medical or
surgical treatment prescribed for him and determined by the gov
ernor of the Panama Canal to be reasonable and proper, the gov
ernor may in his discretion either reduce the amount of compensa
tion to which said employee might otherwise be entitled or con
sider such refusal on the part of the employee to be a waiver by
him of any right to compensation under this order.
Transporta- Sec. 11. If in the opinion of the governor of the Panama Canal
tion of injured it is not desirable to continue the injured employee in the service,
employees.
such employee, so soon as he is able to travel, may be furnished,
in the discretion of the governor of the Panama Canal, transporta
tion to his home port, or to any other port requiring no greater
expenditure. If an injured employee who is a citizen of the United
States desired to go to a port in the United States the cost of
transportation to which is greater than the cost to his home port,
an amount may be paid toward the cost of such transportation,
not in excess of the cost of transportation to his home port. In
addition, an injured employee may be furnished railway trans
portation to or towards his home in the United States costing
not in excess of $30.00. If at the time of the injury the employee
is on the Isthmus, the governor of the Panama Canal may in his
discretion suspend for such period as such employee remains on
the Isthmus after free transportation has been offered, as herein
provided, the compensation payable to such employee.
Sec. 12. If the injured employee shall die within one year from
Compensation the date of and as the result of injuries received while directly
for death.
engaged in actual work, the persons mentioned in this section,
except as provided in section 16, shall be entitled to receive com
pensation as set forth in the following schedule after deducting
from the periods mentioned therein any period for which payment
has been made to the deceased employee: Provided, however, That
COMPENSATION LEGISLATION, 1914, 1915— CANAL ZONE.
the total amount of compensation paid to employee and bene
ficiaries shall not exceed the sum of $5,000.
(A) If the deceased employee leaves a widow to whom he was
married at the time of the injury, she shall be paid monthly for
eight years, unless she sooner marries or dies, a sum equal to
twenty-five per cent of the monthly pay of the employee.
(B) If the deceased employee leaves a widow to whom he was
married at the time of the injury with one or two children in
capable of self-support and dependent on her for support, there
shall be paid her monthly for each such child an additional allow
ance of ten per cent of the monthly pay of the employee, such addi
tional allowance to continue until the child dies, marries, or, in the
opinion of the governor of the Panama Oanal, becomes capable of
self-support. If there shall be more than two children dependent
on her for support the additional monthly allowance for all children
shall be twenty-five per cent of the monthly pay of the employee.
In no case, however, shall the additional monthly allowances con
tinue beyond a period of eight years.
(C) If the deceased employee leaves a widow, or a widow and
children, entitled to compensation under paragraphs (A) or (B) of
this section, and also leaves another child or children incapable
of self-support and not supported by the widow, there shall be
paid monthly for the benefit of such child or children last named,
to such person as may be designated under the provisions of sec
tion 16, such proportions as the governor of the Panama Canal
may decide, of the deceased employee’s monthly pay, not exceeding
ten per cent for each such child: Provided, That the total propor
tion of monthly pay of deceased employee to widow and all
children under this paragraph and paragraphs (A) and (B) of this
section, shall not exceed thirty-five per cent for widow and one
child, forty-five per cent for widow and two children, and fifty
per cent for widow and three or more children: And provided, That
in order to make payment to the children under this section the
governor may, if necessary, reduce the proportion payable to
widow or children under paragraphs (A) and (B) of this section:
And provided further, That payment for the benefit of a child or
children not supported by the widow shall continue until the child
dies, marries, or, in the opinion of the governor, becomes capable
of self-support, but in no case shall such payments continue more
than eight years.
(D) If the deceased employee has left no widow entitled to
compensation under this order, but has left a child or children
incapable of self-support, there shall be paid monthly for the bene
fit of such child or children to the person designated under the
provisions of section 16, not more than twenty-five per cent of the
monthly pay of the deceased employee for one child and not
more than fifty per cent of the monthly pay for two or more
children: Provided, That payments shall continue until the child
dies, marries, or, in the opinion of the governor, becomes capable
of self-support, but in no case shall such payments continue more
than eight years.
(E) (As amended by Executive order of September 19,1914.) If
the deceased employee leaves a parent either partially or wholly
dependent on him for support, or a brother, sister, grandparent,
or grandchild wholly dependent on him for support, there may
be paid to such relation monthly such portion or portions of the
monthly pay of the employee as may be determined by the gov
ernor of the Panama Canal: Provided, That the total compensa
tion to all beneficiaries under this and paragraphs (A ), (B ), (C),
and (D) of this section shall not exceed fifty per cent of the
monthly pay of the deceased employee: And provided, That in
order to make payment to the relatives under this paragraph the
governor of the Panama Canal may, if necessary, reduce the pro
portion payable to widow or children under paragraphs (A ), (B ),
(C), and (D) of this section: And provided further, That pay
ment for the benefit of a relative under this paragraph shall cease
if he dies, marries, or, in the opinion of the governor, becomes
68
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
capable of self-support, but in no case shall payment continue
more than eight years.
Definitions.
(F) As used in this section, the terms “ child” and “ children”
include stepchildren, adopted children, posthumous children, and
illegitimate children. The terms “ brother ” and “ sister ” and
their plurals include stepbrothers and stepsisters, half brothers
and half sisters, and brothers and sisters adopted by the parent of
the deceased employee. The terms “ grandchild ” and “ grandchil
dren ” include children of adopted children and children of step
children, but do not include stepchildren of children, stepchildren
of stepchildren, or stepchildren of adopted children. The terms
“ parent ” and “ parents ” include step-parents and the parents by
whom the deceased employee was adopted. The terms “ grand
parent ” and “ grandparents ” include the parents of the parents
by whom the deceased employee was adopted, but do not include
parents of step-parents, step-parents of parents, or step-parents of
step-parents.
R e a d ju s t(G) If a beneficiary should die or for any other reason cease to
ments.
be entitled to compensation under this order, the amounts payable
to the remaining beneficiaries shall be recast; the amount payable
to each for the remainder of the period during which he is entitled
to compensation being determined in accordance with the pro
visions of the preceding paragraphs of this section.
B urial ex- Sec. 13. If, as the result of the injury, an employee whose home
penses.
is in the United States dies while on the Isthmus of Panama or
while away from his home or his office, such absence being under
instructions from the Panama Canal authorities, and the right to
compensation has^not ceased, his body, if practicable and if de
sired by his relatives, and if transportation has not been furnished
the employee under section 11 before his death, shall be embalmed
and transported in a hermetically sealed casket to his home. If
death occurs on the Isthmus and the body is not transported from
the Isthmus, the body shall be interred or cremated on the Isthmus
at the expense of the United States or of the Panama Railroad
Company.
Computation Sec. 14. For the purpose of calculating compensation under this
of pay.
order, the monthly pay of the employee shall be taken as the basis,
to be computed as provided hereunder, except that where such
monthly pay so computed amounts to $200 or over, $200 shall be
taken as the basis for computing compensation. Subject to the
maximum herein fixed, monthly pay shall be computed as follows:
(A) If the employee is paid by the year, divide his yearly pay
at the time of the injury by twelve;
(B) If the employee is paid by the month, take his monthly pay
at the time of the injury;
(0 )
If the employee is paid by the week, multiply his weekly
pay at the time of the injury by 52 and divide the result by 12;
(D) If the employee is paid by the day divide his daily pay at
the time of the injury by the number of hours worked per day,
and multiply the result by 8. When his daily rate of pay on the
basis of eight hours per day has been ascertained, multiply the
result by 26.
(E) If the employee is paid by the hour multiply his hourly
pay at the time of the injury by eight. When his daily rate of
pay on the basis of eight hours per day has been ascertained, multi
ply the result by 26.
(F) If the employee is paid by his output, find his daily pay at
the time of the injury by dividing the total amount earned by him
in the employment in which and at the rate of pay at which he
was employed at the time of the injury by the number of days
he was so employed during the thirty days immediately preceding
the injury, then multiply the result by 26, except as provided in
paragraph (G ). In all cases under this paragraph (F ) in which
the employee works more than eight hours per day and in such
other cases as the governor of the Panama Canal may deem proper
he may fix the compensation that shall be paid in case of injury
COMPENSATION LEGISLATION, 1914, 1915----CANAL ZONE.
69
based upon an average wage of employees working eight hours per
day in the same occupation as that of the injured employee.
(G) Payments for a fractional part of a month to or on account
of employees who were on a per diem, hourly, or piecework basis,
shall be made for regular working days only, except that employees
who were at time disability was incurred entitled to pay for holi
days will receive pay therefor.
(H ) Subsistence shall be included as a part of the pay and com
mutation therefor at a rate fixed by the governor of the Panama
Canal shall be paid during any period subsistence is not actually
furnished to an employee entitled to subsistence.
Sec. 15. Unless it shall appear to the governor of the Panama Commuting to
Canal to be for the best interest of the United States or of the lumP sumPanama Railroad Company or for the best interest of the injured
employee or the beneficiary, the liability of the United States or
the Panama Railway Company for compensation to such injured
employee or beneficiary shall be discharged by the payment of a
lump sum which will equal the total sum of the probable future
payments, capitalized at their present value calculated at four per
cent per annum with annual rests. The probability of the death
of the injured employee or the beneficiary before the expiration
of the period for which compensation is payable shall be deter
mined according to the American Table of Mortality. The proba
bility of the happening of any other contingency affecting the
amount or duration of the compensation shall be disregarded.
Upon paying such amount all further liability on the part of the
United States or Panama Railroad Company on account of such
injury or death shall cease.
Sec. 16. The true intent and meaning of this order is to provide Payments to
a fund for the injured employee, or, in the event of his death, for whom*
those beneficiaries herein provided fo r; and to that end payment
shall be made directly to the employee as herein provided for, or
to the beneficiary as herein provided for, excepting in those cases
where such employee or such beneficiary is by reason of lunacy,
infancy, or other legal disability not in a position to receive and
give legal acquittance for such payment. In all cases of that char
acter where the employee or beneficiary named herein is under any
legal disability whatever, so that his receipt and release would
not be an acquittance, the governor of the Panama Canal shall
pay the sum which would otherwise go directly to such employee
or beneficiary to whomsoever has been qualified by legal proceed
ings to receive the same for or on account of such employee or
beneficiary, if any such there be who has made application there
for to the governor; and in the event that no such application is
made to the governor, then the governor may appoint some one
to receive the money for and on account of such employee or bene
ficiary so under disability, and may require such person to make
such formal application with respect thereto and to furnish such
bonds for the security of the money and the performance of his
duties as to the governor may seem proper.
Sec. 17. Immediately after the injury, the injured employee or Notice,
some one on his behalf shall give to the immediate superior of
such employee notice, written if practicable, of the injury, and,
if the injury results in the death of the employee, one of the per
sons entitled to compensation or some person on his behalf shall
at once give either to the immediate superior of such employee
or to the governor of the Panama Canal a written notice of such
death. The notice shall state the name of the employee, his class
of service, the year, month, day, and hour when and the particular
locality where the injury or death occurred, the cause for the in
jury or death, the nature of the injury, and the address of the
employee and of the person giving the notice. The notice may be
given personally or sent by mail.
Failure to promptly give the notice herein specified may, in the
discretion of the governor of the Panama Canal, be decided by
70
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
him to be a waiver by the employee or his beneficiary of any claim
to compensation under this order.
Reports.
S e c . 18. Immediately after an injury to an employee resulting
in his death or in his probable disability, the immediate superior
of the employee shall at once make a report to the governor of the
Panama Canal, containing such information as the governor of
the Panama Canal may, by regulation, require.
Claims.
S e c . 19. No compensation under this order shall be allowed to
any person unless he, or some one on his behalf, shall make a
written claim therefor upon tlie governor of the Panama Canal
within the time specified in section 21. The claim may be served
personally upon or sent by mail either to the governor of the
Panama Canal or to such person as he may, by regulation, require.
C l a i m s to
S ec . 20. The claim shall be signed by or on behalf of the person
state what.
making the claim and shall state the name of the employee, the
age. sex, nationality, and class of service of such employee, the
year, month, day, and hour when and the particular locality where
the injury or death occurred, the cause of the injury or death, the
nature of the injury, the nature and extent of the disability result
ing therefrom, the monthly pay of the employee at the time of the
injury, the relationship to tlie employee of the person claiming to
be entitled to compensation, the names and addresses of all per
sons entitled to compensation on account of such injury or death,
and the address of the person making the claim. The claim shall
be sworn to by the person entitled to compensation or by the per
son acting on his behalf, and, except in case of death, or as other
wise provided in regulations prescribed by the governor of the
Panama Canal, shall be accompanied by a certificate of the em
ployee’s physician, if any, stating the nature of the injury and the
nature and extent of the disability. The claim shall, wherever
possible, be made on forms furnished by the governor of the Pan
ama Canal, and, in addition to the statements above required,
shall contain such other information as the governor of the
Panama Canal may require.
The governor of the Panama Canal may waive the making of
and swearing to claims and the inclusion therein of any of the
above requirements in such cases as he may deem proper.
T im e
for
S e c . 21. Claims for compensation shall be made within sixty
claim.
days after the beginning of disability resulting from an injury, or,
in case of death, within one year after the death. For any reason
able cause shown, the governor of the Panama Canal may allow
claim for injury to be filed within one year after the injury.
No claim for compensation shall be allowed where the disability
commences more than six months after the occurrence of the
alleged injury, nor where the disability begins after the separa
tion of the employee from the service.
M edical exS e c . 22 . After the injury and during disability the employee
am ination.
shall as frequently and at such times and places as may be reason
ably required, submit himself to examination by a medical officer
of the United States or by a physician designated by the governor
of the Panama Canal and paid by the United States or by the
Panama Railroad Company, as the case may be. The employee
may have a duly qualified physician designated and paid by him
present to participate in such examination. If an examination of
an employee is ordered while he is away from the Isthmus of
Panama, and such order requires him to travel from the place
wherein he dwells, then he shall be paid his reasonable traveling
and other expenses and loss of wages incurred in order to submit
to such examination. If the employee refuses to submit himself
for or in any way obstructs any examination, his right to claim
compensation under this order shall be suspended until such re
fusal or obstruction ceases. No compensation shall be payable
while such refusal or obstruction continues, and such period shall
be deducted from the period for which the compensation would
otherwise be payable.
COMPENSATION LEGISLATION, 1914, 1915— CANAL ZONE.
71
Sec. 23. In case o f any disagreement between the physician Refereephysimaking an examination on the part of the United States or thec
Panama Railroad Company and the employee’s physician, the
governor of the Panama Canal shall appoint a third physician.
The decision of the majority shall be final. A reasonable fee shall
be allowed and paid by the United States or by the Panama Rail
road Company as the case may be, to such third physician if he
is not a medical officer of the United States.
Sec. 24. If an injury or death for which compensation is pay- Assignments
able under this order is caused under circumstances creating a of rights of aclegal liability upon some person other than the United States or
the Panama Railroad Company to pay damages therefor, no com
pensation shall be payable to any beneficiary for such injury or
death until he assigns to the United States or to the Panama
Railroad Company, as the case may be, any right of action which
he may have to enforce such liability of such other person, or any
right which he may have to share in any money (or other prop
erty) received in satisfaction of such liability of such other person.
The United States or the Panama Railroad Company, as the case
may be, if it realizes upon such right shall after deducting the
amount of any compensation already paid to the beneficiary and
the expenses of such realization or collection, pay over to the
beneficiary any surplus remaining. Such surplus so paid over shall
be credited on future installments of compensation as they become
due. The governor of the Panama Canal may waive the require
ment of such assignment or may waive it for such period as he
may deem proper.
Sec. 25. If an injury or death for which compensation is pay- Liabilities of
able under this order is caused under circumstances creating a P “ ama Raillegal liability upon the Panama Railroad Company to pay dam-r
Company*
ages therefor under the laws of the United States or of any State,
Territory, or possession of the United States or of the District of
Columbia or of any foreign country, no compensation shall be
payable to any beneficiary for such injury or death until he re
leases to the Panama Railroad Company, any right of action which
he may have to enforce such liability of the Panama Railroad or
until he assigns to the United States or to the Panama Railroad
Company, as the case may be, any right which he may have to
share in any money (or other property) received in satisfaction
of such liability of the Panama Railroad Company. The governor
of the Panama Canal may waive the requirement of such assign
ment or release for such period as hie may deem proper.
Sec. 26. No claims for compensation under this order shall be Assignments
assigned, and all compensation and claims therefor shall be ex- etc-» °* claims,
empt from all claims o f creditors.
Sec. 27. No claim for legal services in connection with any claim A tto rn e y s’
arising under this order shall be enforceable unless approved byfees*
the governor of the Panama Canal.
Sec. 28. The governor of the Panama Canal may at any time Review o f
review, and, in accordance with his determination thereon, end,awards*
diminish, or increase any compensation previously fixed or deter
mined.
Sec. 29. If any compensation is paid under mistake of law or of Erroneous
fact, the governor of the Panama Canal shall have power to cancel payments,
any order under which such compensation has been paid, and shall
be entitled to recover whatever has been so paid.
Sec. 30. The governor of the Panama Canal shall make all neces- Powersof govsary rules and regulations for the proper, effective, and economicalernorenforcement of this order, and shall decide all questions arising
under this order or in regard to the interpretation thereof. His
determination of any fact necessary to or underlying any claim
hereunder, shall be final and conclusive.
Sec. 31. Wherever used in this order the singular includes the Useofwords.
plural and vice versa, and the masculine gender includes the
feminine and neuter, and the word “ person ” includes any firm,
association, or corporation.
72
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Payments on Sec. 32. If the payment of compensation under this order on
release.
account of an injury or death is from the funds of the United
States, the Panama Railroad Company shall be released and dis
charged from all liability on account of such injury or death, and
if it is from the funds of the Panama Railroad Company, the
United States shall be released and discharged from all liability
on account of such injury or death.
Repeal.
Sec. 33. All laws of the Canal Zone inconsistent with any of the
provisions of this order are hereby repealed.
Order in ef- Sec. 34. This order shall take effect on April 1,1914.
£ect*
Issued March 20, 1914.
COLORADOACTS OF 1915.
Chapter 179.—Compensation of workmen for injuries.
Section 1. The Industrial Commission of Colorado created by
the act of the General Assembly of Colorado,1 which commission
A d m in is tr a
tion o f act.
for the purposes of this act shall be a body politic and corporate
under the name prescribed by said act, shall enforce and ad
minister the provisions of this act, and wherever the word com
mission is used in this act it shall be construed to mean the In
dustrial Commission of Colorado. The said commission, in the
administration of this act, shall be governed by its provisions if
there be conflict between the same and the provisions of the act
creating said commission.
S e c . 2. The term “ commission” when used in this act shall
Commission,
mean the Industrial Commission of Colorado.
Sec. 3. Unless the context otherwise requires, a word used in Singular and
this act in the singular number shall also include the plural.
plural.
Sec. 4 . The following terms as used in this act shall be con- Definitions,
strued and have the following meaning, unless otherwise specifi
cally defined in the context:
(a) The term “ order” shall mean and include any decision, “ Order.”
classification, rate, rule, regulation, direction, requirement, or
standard of the commission, or any other determination arrived
at or decision made by such commission.
(b) The term “ place of employment” shall mean and include emniovment” £
every place, whether indoors or out or underground, and the p y
premises appurtenant thereto, where either temporarily or per
manently any industry, trade, or business is carried on or where
any process' or operation, directly or indirectly relating to any
industry, trade, or business, is carried on and where any person
is directly or indirectly employed by another for direct or in
direct gain or profit, except as otherwise expressly provided in
this act
“ Emnlov(c) The term “ employment” shall mean and include any trade, ment.”
occupation, or process of manufacture, or any method of carry
ing on such trade, occupation, or process of manufacture in which
any person may be engaged, except as otherwise expressly pro
vided in this act.
(d) The term “ employer” shall mean and include:
“ Employer.”
I. The State, and each county, city, town, irrigation and school
district therein, and all public institutions and administrative
boards thereof.
II. Every person, association of persons, firm and private cor
poration (including any public-service corporation), personal rep
resentatives, assignee, trustee, and receiver, who has four (4)
or more persons regularly engaged in the same business or em
ployment (except as otherwise expressly provided in this act),
in service under any contract of hire, express or implied, and who,
at or prior to the time of the accident to the employee for which
compensation under this act may be claimed, shall, in the manner
provided in this act, have elected to become subject to the pro
visions of this act and who complies with the provisions hereof
respecting insurance, and who shall not, prior to such accident,
have effected a withdrawal of such election in the manner pro
vided in this act.
1See p. 97.
73
74
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Exemptions,
ill. This act is not intended to apply to employers of private
domestic servants or farm and ranch labor, nor to employers
who employ less than four employees regularly in the same busi
ness or in or about the same place of employment: Provided,
That any such employer may elect to accept the provisions of this
act in the manner provided herein, in which event he and his em
ployees shall be subject to and entitled to all the provisions of
this act.
Interstate iv . The provisions of this act shall not apply to common car™ rce.
„ rters engaged in interstate commerce, nor to tlieir employees.
Employee.
(e) The term “ employee” shall mean and include:
I. Every person in the service of the State, or of the county,
city, town, irrigation, or school district therein, or of any public
institution or administrative board thereof, under any appoint
ment or contract of hire, express or implied, except an elective
official of the State, or of any county, city, town, irrigation or
school district therein, or of any public institution or administra
tive board thereof. Policemen and firemen shall be deemed em
ployees, within the meaning of this paragraph: Provided, That any
policeman or fireman claiming compensation under this act shall
have deducted from such compensation any sum which such police
man or fireman may receive from any pension or any benefit fund
to which the municipality may contribute.
II. Every person in the service of any other person, association
of persons, firm, private corporation, including any public-service
corporation, personal representative, assignee, trustee, or receiver
under any contract of hire, express or implied, including aliens,
and also including minors who are legally permitted to work under
the laws of this State (who, for the purposes of this act, shall be
considered the same, and shall have the same power of contracting
with respect to their employment, as adult employees), but not
including any person whose employment is but casual, or who is
expressly excluded from this act, or whose employment is not in
the usual course of trade, business, profession, or occupation of
his employer.
Dependents,
( f ) The following, shall be conclusively presumed to be solely
and wholly dependent for support upon a deceased employee:
I. The widow only if living with the deceased or actually de
pendent, wholly or partially, upon him at the time of his accident.
II. The widower only if incapable of self-support and actually
dependent, wholly or partially, upon deceased at the time of her
accident.
III. A child or children imder the age of eighteen years (or over
said age if physically or mentally incapacitated from earning)
actually dependent upon the parent with whom he is, or they are,
living at the time of the death of such parent, there being no
surviving and dependent parent. In case there is more than one
child thus dependent, the death benefit shall be divided between
such dependents in such proportion as may be determined by the
commission after considering the ages of such dependents and
other facts bearing upon such dependency.
IY. In all other cases, questions of entire or partial dependency
shall be determined in accordance with the facts, as the same may
be at the time of the accident to the employee; and in such other
cases, if there is more than one person wholly dependent, the
death benefit shall be divided equally among them; and persons
partially dependent, if any, shall receive no part thereof; but if
there is no one wholly dependent, and there is more than one
person partially dependent, the death benefit shall be divided
among them according to the relative extent of their dependency.
Y. No person shall be considered a dependent unless a member
of the family of the deceased employee, or one who bears to him
the relation of surviving spouse, or lineal descendant, or ancestor,
or brother or sister. A child within the meaning of this act shall
include a posthumous child and a child legally adopted prior to
the injury.
COMPENSATION LEGISLATION, 1914, 1915--- COLORADO.
75
VI. Questions as to who constitute dependents and the extent
of their dependency shall be determined as of the dates as herein
provided, and their right to any death benefit shall become fixed
as of such time, irrespective of any subsequent change in condi
tions, and the death benefit shall be directly playable to the de
pendent or dependents entitled thereto, or their legal representa
tives: Provided, notwithstanding, That when a right to a death
benefit shall have become fixed, it shall cease upon the happening
of any one of the following contingencies:
(1) Upon the marriage of the widow or widower.
(2) When a child reaches the age of eighteen years, unless said
child at such time is physically or mentally incapacitated from
earning.
(3) Upon the death of any dependent.
VII. Death benefits under this act to dependents who are non- Nonresidents,
residents of the United States shall be one-third of the amount
which a dependent who is a resident of the United States might
receive: Provided, That in no event shall death benefits to de
pendents who are nonresidents of the United States exceed the
aggregate sum of one thousand dollars.
VIII. No dependent of an injured employee shall be deemed, Dependents
during the life of such employee, a party in interest to any proceed- not interested,
ing by him for the enforcement or collection of any claim for com- w *
pensation, nor as respects the compromise thereof by such em
ployee.
(g) The average weekly wage of the injured person at the time wages,
of the injury shall be taken as the basis upon which to compute
the benefits; such average weekly earnings shall be one fifty-second
(1-52) of the average annual earnings of the employee.
I. The average weekly earnings for all employees shall be taken
at not less than the minimum nor more than the maximum pro
vided in this act. Between said limits, said average annual earn
ings shall be determined as follows:
II. If the injured employee has worked in the employment in
which he was working at the time of the accident, whether for
the same employer or not, during substantially the whole of the
year immediately preceding his injury, his average annual earn
ing shall consist of three hundred times the average daily wage
or salary which he has earned in such employment during the
days when so employed.
III. If the injured employee shall not have worked in such em
ployment during substantially the whole of such immediately pre
ceding year, his average annual earnings shall consist of the aver
age daily wage or salary which such employee shall have earned
in such employment during days when so employed, multiplied by
the number of days that he shall have worked in all employments
during said year.
(h) In cases where the foregoing methods of arriving at the
average annual earnings of the injured employee can not reason
ably and fairly be applied, such average annual earnings shall be
taken at such sum as, having regard to the previous earnings of
the injured employee, and of other employees of the same or most
similar class, working in the same or most similar employment, in
the same or a neighboring locality shall reasonably represent the
average annual earning capacity of the injured employee at the
time of the accident, in the employment in which he was working
at such time.
I. If an employee is a minor, and is permanently disabled, his Minors,
weekly earnings shall be determined on the basis of the earnings
that such minor, if not disabled, would probably earn. If it is
established that the injured employee was of such age and experi
ence when injured as that under natural conditions his wages
would be expected to be increased, the fact may be considered in
arriving at his average weekly wage.
II. The fact that an employee has suffered a previous disability, Prior injuor received compensation therefor, shall not preclude compensation for a later injury, or for death; but in determining compensa-
76
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Wage loss.
“ Safety.”
Defenses
rogat .
tion for tlie later injury, or death, his average annual earnings
shall be such sum as will reasonably represent his average annual
earning capacity at the time of the later injury, in the employ
ment in which he was working at such time, and shall be arrived
at according to, and subject to, the limitations of the provisions
of this section.
(i) The weekly loss in wages referred to in this act shall con
sist of such percentage o f the average weekly earnings o f the in
jured employee, computed according to the provisions o f this act,
as shall fairly represent the proportionate extent o f the impair
ment o f his earning capacity in the employment in which he was
working at the time o f the accident and other suitable employ
ments, the same to be fixed as o f the time o f the accident, but to be
determined in view o f the nature and extent o f the injury.
(j ) The term “ safe” or “ safety99 as applied to an employment
or place of employment, shall mean such freedom from danger to
the life, health and safety of employees, and such reasonable
means of notification, egress and escape in case of fire, as the na
ture of the employment will reasonably permit.
ab- S ec . 5. In an action to recover damages for a personal injury
sustained within this State by an employee on and after the 1st
day of August, 1915, while engaged in the line of his duty as such,
or for death resulting from personal injuries so sustained, in which
recovery is sought upon the ground of want of ordinary care of
the employer, or of the officer, agent, or servant of the employer,
it shall not be a defense:
(a) That the employee, either expressly or impliedly, assumed
the risk of the hazard complained of as due to the employer’s
negligence;
(b) That the injury or death was caused, in whole or in part,
by the want of ordinary care of a fellow servant.
(c) That the injury or death was caused, in whole or in part
by the want of ordinary care of the injured employee where such
want of care was not willful.
Remedy, ex- sec. 6. Any employer who has elected to and has complied with
elusive.
the provisions o f this act, including the provisions relating to in
surance, shall not be subject to the provisions o f section 5 o f this
a c t; nor shall such employer be subject to any other liability what
soever fo r the death o f or personal injury to any employee, ex
cept as in this act provided; and all causes o f action, actions at
law, suits in equity and proceedings whatever, and all statutory
and common-law rights and remedies for and on account o f such
death or o f personal injury to any such employee are hereby
abolished except as in this act provided.
De .f.e e s
Sec. 7. If an employer has elected to and has complied with the
provisions of this act, and an action is brought against such
employer to recover damages for personal injuries or death sus
tained by an employee who has elected not to come under this act,
then such employer shall have all the defenses to such an actionr
which he would have had if this act and that certain other act
entitled “An act concerning assumption of risk,” being chapter
43, upon page 115 of the session laws of 1913, had not been enacted,
c o m p e n s a tio n
Sec# 8* Tlie ri^ t to the compensation provided for in this act,
accrues, when.
lieu of any other liability whatsoever, to any and all persons
whomsoever, for any personal injury or death accidentally sus
tained on and after August 1st, 1915, shall obtain in all cases
where the following conditions concur:
I. Where, at the time of the accident, both employer and em
ployee are subject to the provisions of this act
II. Where, at the time of the accident, the employee is perform
ing service arising out of and in the course o f his employment.
III. Where the injury -is proximately caused by accident arising
out of and in the course of his employment, and is not intentionally
self-inflicted or intentionally inflicted by another.
when.
How election Sec. 9. Such election on the part o f any employer including the
made.
employer o f private domestic servants, farm and ranch laborers or
o f three or less employees may be made by filing with the com-
COMPENSATION LEGISLATION, 1914, 1915— COLORADO,
77
mission a written statement to the effect that he accepts the pro
visions of this act, the filing of which statement shall operate to
subject such employer to the provisions of this act for the term
of one (1) year from the date of filing such statement, and there
after, without further act on his part, for successive terms of one
year each, unless such employer shall, at least sixty days prior
to the expiration of such first or any succeeding year, file in the
office of said commission a notice in writing to the effect that he
desires to withdraw his election to be subject to the provisions
of this act
II. On and after August 1, 1915, every employer of four or
more employees, not including private domestic servants and
farm and ranch laborers, engaged in a common employment, shall
be conclusively presumed to have accepted the provisions of this
act, unless prior to that date such employer shall have filed with
the commission a notice in writing to the effect that he elects not
to accept the provisions of this act; and the employer shall have
the right to withdraw his election at the time and in the manner
above specified: Provided, That any employer commencing business
subsequent to August 1st, 1915, may make his election not to be
come subject to the provisions of this act at any time prior to
becoming an employer of four or more employees, in a common
employment, exclusive of private domestic servants and farm and
ranch laborers, by giving written notice as above provided. Such
employer may withdraw from the provisions of said sections of
this act at the expiration of one year, or at the expiration of any
succeeding year, in the manner provided in this act.
III. Every employer, whether electing to accept or reject the Notice to be
provisions of this act, shall cause printed notice thereof to beposted*
posted in and about his place of employment in a conspicuous
manner and in sufficient places frequented by his employees, as to
reasonably notify such employees that he is or is not, as the case
may be, subject to the provisions of this act, and shall likewise
cause similar notice to be given of the filing of any change of
such election on his part.
Sec. 10. Any employer electing to become subject to the pro- Security of
visions of this act shall secure compensation to his employees in payments,
one of the following ways:
1. By insuring and keeping insured the payment of such com
pensation in the State compensation insurance fund; or,
2. By insuring and keeping insured the payment of such com
pensation with any stock or mutual corporation authorized to
transact the business of workmen’s compensation insurance in
this State. If insurance be so effected in such a corporation or
mutual corporation the employer shall forthwith file with the
commission, in form prescribed by it, a notice specifying the name
of such insurance corporation or mutual corporation together with
a copy of the contract or policy of insurance.
3. By furnishing satisfactory proof to the commission of his
financial ability to pay such compensation direct to his employees
as hereinafter provided.
Sec. 11. Every insurance corporation or mutual corporation, Duty of in
except the State compensation insurance fund as administered by®^ance comPftthe Industrial Commission of Colorado, authorized. to transact
business in this State, which insures employers against liability
for compensation under the provisions of this act, shall file with
the commission its classification of risks and premiums relating
thereto, and any subsequent proposed classification of risks and
premiums, together with basic rates and schedules, if a system
of schedule rating be in use, none of which shall take effect until
the commission shall have approved the same as adequate for
the risks to which they respectively apply. The commission may
withdraw its approval of any premium rate or schedule made by
any insurance corporation or mutual corporation if, in its judg
ment, such premium rate or schedule is inadequate to provide the
necessary reserves.
78
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Every contract for the insurance of compensation herein pro
vided for, or against liability therefor, shall be deemed to be made
subject to the provisions of this act and all provisions thereof
in such insurance policy inconsistent with the provisions of this
act shall be void.
P rovision s o f
Every contract insuring against liability for compensation, or
policies.
insurance policy evidencing the same, must contain a clause to
the effect that the insurance carrier shall be directly and pri
marily liable to the employee, and in the event of his death to
his dependents, to pay the compensation, if any, for which the
employer is liable; that as between the employee and the insur
ance carrier the notice to or knowledge of the occurrence of the
injury on the part of the employer shall be deemed notice or
knowledge, as the case may be, on the part of the insurance car
rier; that jurisdiction of the employer shall, for the purpose of
this act, be jurisdiction of the insurance carrier, and that the
insurance carrier shall in all things be bound by and subject to
the orders, findings, decisions, or awards rendered against the
employer under the provisions of this act.
Such policy must also provide that the employee shall have a
first lien upon any amount which shall become owing on account
of such policy to the employer from the insurance carrier and
that in case of the legal incapacity or inability of the employer to
receive the said amount and pay it over to the employee or his
dependents, the said insurance carrier may and shall pay the
same directly to the said employee or his dependents, thereby dis
charging to the extent of such payment the obligations of the
employer to the employee, and such policy shall not contain any
provisions relieving the insurance carrier from payment when the
employer becomes insolvent or is discharged in bankruptcy or
otherwise during the period that the policy is in operation or the
compensation remains owing.
E m p lo y e e s
S eo . 1 2 . Any employee may become subject to the provisions of
subject to act,
a c ^ an(j ghall be deemed to have accepted and shall be sub
ject to the provisions thereof if at the time of the accident upon
which liability is claimed:
(a ) His employer is subject to the provisions o f this act when
the employee has actual notice thereof; and if,
(b) Such employee shall not, at the time of entering into his
contract of hire, expressed or implied with such employer, have
given to his employer notice in writing that he elects not to be
subject to the provisions of this act; or,
(c) Without giving such notice, shall have remained in the
service of such employer for seven days after such employer has
filed with the commission his election as in this act provided and
has become subject hereto: Provided, The notices required by this
act shall have been posted in and about the place of employment
of such employer as required by law, in which event said employee
shall be conclusively presumed to have actual notice thereof.
Other rights Sec. 13. Such election and compliance with the provisions of
surrendered,
act, including the provisions for insurance, shall be and be
construed to be a surrender by the employer and employee of their
rights to any other method, form, or amount of compensation or
determination thereof, or to any cause of action, action at law,
suit in equity or statutory or common-law right or remedy or
proceeding whatever for or on account of such personal injuries
or death of such employee than as provided in this act, and shall
be an acceptance of all the provisions of this act, and shall bind
the employee himself and, for compensation for his death, shall
bind his personal representatives, his widow and next kin, as
well as the employer and those conducting his business during
bankruptcy or insolvency.
R ecords and
S e c . 14. Every employer shall keep a record of all injuries,
reports or inju-fatai or otherwise, received by his employees in the course of
their employment. Within ten days after the occurrence of an
accident resulting in personal injury a report thereof shall be
made in writing to the commission upon blanks to be procured
COMPENSATION- LEGISLATION, 1914, 1915--- COLORADO.
79
from the commission for that purpose. Such report shall contain
the name and nature of the business of the employer, the location
of his establishment or place of work, the name, address, and
occupation of the injured employee, and shall state the time, the
nature, and cause of injury and such information as may be
required by the commission. Any employer who refuses or neg
lects to make any report required by this section shall be guilty
of a misdemeanor, and upon conviction thereof shall be punished
by a fine of not more than five hundred dollars for each such
offense.
Sec. 15. The commission, or its agents, may enter any place E n t e r i n g
o f employment for the purpose o f collecting facts and sta- work places,
tistics, examining the provisions made for the health, protection,
and safety o f the employees, and bringing to the attention o f
every employer any law or any rule, order, or requirement o f the
commission, and any failure on the part o f any employer to com
ply therewith.
Sec. 16. All books, records, and pay rolls o f employers showing Books, etc.,
or reflecting in any way upon the amount o f wage expenditure to be open,
o f such employers, and other data, facts, and statistics apper
taining to the purposes o f this act shall always be open for in
spection by the commission or any o f its agents for the purpose
o f ascertaining the correctness o f the reported wage expenditure,
the number o f men employed, and such other information as may
be necessary for the uses and purposes o f the commission in its
administration o f this act.
Any employer who shall refuse to admit the commission or
its duly authorized agents to such place of employment for such
purposes shall be punished by a fine of not less than one hundred
dollars nor more than five hundred dollars.
Sec. 17. Every employer shall furnish the commission upon Information
request all information required by it to accomplish the pur- to be furnished,
poses of this act. In the month of January and July of each
year every employer shall prepare and mail to the commission,
at its main office in the city of Denver, Colorado, a statement
containing the following information, viz: The number of em
ployees employed during the preceding six months period; the
number of such employees employed at each kind of employment;
?nd the aggregate amount of wages paid to such employees, which
information shall be furnished on a blank or blanks to be pre
pared by the commission; and it shall be the duty of the commis
sion to furnish such blanks to such employers, free of charge,
upon request therefor. Every employer receiving from the com
mission any blanks, with directions to fill out the same, shall
cause the same to be properly filled out, so as to answer fully and
correctly all questions therein propounded, and to give all the
information therein sought, or, if unable to do so, he shall give in
writing good and sufficient reason for such failure. The commis
sion may require that the information herein required to be
furnished shall be verified under oath and shall be returned to the
commission within the period fixed by it or by law. The com
mission, or any person employed by it for that purpose, shall
have the right to examine under oath any employee or employer,
or the officer, agent, or employee thereof, for the purpose of ascer
taining any information which such employer or employee is
required by this act to furnish to the commission. Any person
who shall fail or refuse to furnish to the commission the semi
annual statement herein required, or shall fail or refuse to furnish
such other information as may be required by the commission
under authority of this act, shall, if an employer, be punished by
a fine of two hundred dollars, and if an employee, be punished by
a fine of twenty-five dollars.
Sec. 18. The information contained in the semiannual report Use of infor*
provided for in the preceding section, and such other informa-mationtion as may be furnished to the commission by employers in
pursuance of the provisions of this act, shall be for the exclusive
80
BULLETIN OP TH E BUREAU OF LABOR STATISTICS.
use and information of said commission in the discharge of its
official duties and shall not be open to the public nor be used
in any court, in any action or proceeding pending therein, unless
the commission is a party to such action or proceeding; but the
information contained on said report may be tabulated and pub
lished by the department in statistical form for the use and in
formation of other State departments and the public. Any person
in the employ of the commission who shall divulge any informa
tion secured by him in respect to the transactions, property, or
business of any employer to any person other than the commis
sion shall be punished by a fine of not less than one hundred dol
lars nor more than five hundred dollars and shall thereafter be
disqualified from holding any appointment or employment with
the commission.
irive*1 informal SecIn case of failure or refusal of any person to comply
tion.
with the order of the commission or subpoena issued by it or its
agents, or to furnish the statistics, data, and information required
to be furnished to the commission by the provisions of this act,
or refuse to permit an inspection as provided in this act, the dis
trict judge of the county in which the person resides, on applica
tion of the commission or any agent appointed by it, shall compel
obedience by attachment proceedings or for contempt, as in the
case of disobedience of the requirements of subpoena issued from
such court on a refusal to testify thereon.
state fund.
gEC 20. There is hereby established a fund to be known as the
State compensation insurance fund for the benefit of injured and
the dependents of killed and injured employees, which shall be
administered in accordance with the following provisions, with
out liability on the part of the State beyond the amount of said
fund, collected as provided in this act.
arrears °^erS
®E0#
any employer shall be in arrears for more than five
days in any payment required to be made by him to the State
compensation insurance fund, as provided in this act, he shall by
virtue of such arrearage be in default of such payment, and the
amounts due from him shall be collected by civil action against
him in the name of the commission as plaintiff; and it shall be
the duty of the commission to certify to the attorney general of
the State the names and residences of aU employers known to the
commission to be in default for such payments for a longer period
than five days, and the amount due from each such employer, and
it shall then be the duty of the attorney general forthwith to
bring, or cause to be brought, against each such employer a civil
action in the proper court for the collection of such amount so
due, and the same, when collected, shall be paid into the State
compensation insurance fund. While such default continues such
employer shall not be entitled to the benefits of this act. Such
employer’s compliance with the provisions of this act requiring
payments to be made to the State compensation insurance fund
shall date from the time of the payment of said money to the State
compensation insurance fund, and his right to the benefits of the
provisions of this act shall be determined accordingly.
Maintenance Sec. 22. The State compensation insurance fund shall be a confimd U8e
tinuing fund and shall consist of all premiums received and paid
into the said fund for compensation insurance, all property and
securities acquired by and through the use of moneys belonging
to said fund, and all interest earned upon moneys belonging to
said fund and deposited or invested, as herein provided. Said
fund shall be applicable to the payment of losses sustained on
account of compensation and benefit insurance in accordance with
the provisions of this act.
P ow ers o f Sec. 23. The commission is hereby vested with full power, aueommission.
thority, and jurisdiction over the State compensation insurance
fund, and may do and perform any and all things whether herein
specifically designated, or, in addition thereto, which are neces
sary or convenient in the exercise of any power, authority, or juris
diction over said fund in the administration thereof under the
provisions of this act, as fully and completely as the governing
COMPENSATION LEGISLATION,
1914, 1915---- COLORADO.
81
body of a private insurance company might or could do, subject,
however, to all the provisions of this act.
The commission shall have full power and authority, and it
shall be its duty, to fix and determine the rates to be charged bv
the State compensation insurance fund for compensation insurance,
and to manage and conduct all business and affairs in relation
thereto, all of which business and affairs shall be conducted in
the name of the commission, and in that name, without any other
name or title, the commission may:
I. Sue and be sued in all the courts‘of the State in all actions
arising out of any act, deed, matter, or thing made, omitted, en
tered into, done, or suffered in connection with the State com
pensation insurance fund, the administration, management, or
conduct of the business or affairs relating thereto.
II. Make and enter into contracts of insurance with employers
as herein provided, and such other contracts or obligations relat
ing to the State compensation insurance fund as are authorized
or permitted under the provisions of this act, but the commission
shall not, nor shall any officer or employee thereof, be personally
liable in its private capacity for or on account of any act per
formed or contract or other obligation entered into or undertaken
in an official capacity, in good faith and without intent to de
fraud, in connection with the administration, management, or
conduct of the State compensation insurance fund, its business, or
other affairs relating thereto.
III. Contract with physicians, surgeons, and hospitals for medi
cal and surgical treatment and the care and nursing of injured
persons entiled to benefits from said fund.
IV. The commission may employ and maintain in the depart
ment a compensation actuary, who shall be experienced and
skilled and fully competent to perform the duties of the position,
and who shall assist in or take charge of the practical operation
of the State compensation insurance fund under the general direc
tion of the commission. The actuary shall receive such salary
as may be agreed upon by the commission.
V. The commission shall have power, with the approval of the
State auditing board, to employ during their pleasure such depu
ties, experts, statisticians, accountants, actuaries, inspectors, clerks
and other employees as they may deem necessary to carry out the
provisions of this act or to perform the duties and exercise the
powers conferred by law upon the commission. Such deputies,
statisticians, accountants, inspectors, clerks, and all other em
ployees, except experts and actuaries in the employ of the commis
sion, shall have been for four years prior to such employment or
appointment, bona fide residents of the State of Colorado, and
each and all of them, except only the experts shall, while in the
employ of the commission, devote their entire time to the service
of the commission.
VI. All deputies, statisticians, accountants, actuaries, clerks, ex- salaries and
perts and all other employees of the commission shall receive such expenses,
compensation as may be fixed by law or by the commission in
conjunction with the State auditing board, and their salaries so
fixed, as aforesaid, shall be paid monthly from the funds appro
priated for the use of the commission, after being approved by
the commission and the State auditing board.
All expenses incurred by the commission pursuant to the pro
visions of this act, including the actual and necessary traveling
expenses and other expenses and disbursements of the commission,
its officers and employees, incurred while on business of the com
mission, shall be paid from funds appropriate for the use of the
commission upon claims therefor, itemized and sworn to, made
by the person who incurred the same, which shall be allowed by
the commission, subject to the approval of the State auditing board,
and is authorized to procure such additional furniture and sup
plies as may be necessary for such purposes, to be paid for in the
same manner as other expenses authorized by this act.
7044°—Bull. 185—15----- 6
82
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Orders.
Sec. 24. All orders of the commission shall be valid and in force,
and prima facie reasonable and lawful until they are found other
wise in an action brought for that purpose, pursuant to the provisions of this act, or until altered or revoked by the commission,
compliance.
gEa 25. a substantial compliance with the requirements of this
act shall be sufficient to give effect to the orders or awards of the
commission and they shall not be declared inoperative, illegal, or
void for any omission of a technical nature in respect thereto.
tabl^hments?8” Sec. 26. The commission shall classify the places of employ
ment of employers insured in the State compensation insurance
fund into classes in accordance with the nature of the business in
which they are engaged and the probable hazard or risk of injury
to their employees under existing conditions. It shall determine
the amount of the premiums or assessments which such employers
shall pay to said State compensation insurance fund, and may pre
scribe when and in what manner such premiums and assessments
shall be paid, and may change the amount thereof both in respect
to any or all of such employers from time to time, as circum
stances may require, and the condition of their respective plants,
establishments, or places of work in respect to the safety of their
employees may justify, but all such premiums or assessments shall
be levied on a basis that shall be fair, equitable, and just as among
aeoAa such employers,
subclasses.
gEC. 27. It shall also be its duty to divide each of such classes
under said classification into as many subclasses as may be neces
sary, upon such terms and conditions as will enable it to deter
mine the risks and fix the rates of premium of the different em
ployers in the same class of employment, with respect to the condi
tions of said places of employment as regards the several require
ments upon which the rates of premium of risks are based and
a*
determined, as provided in this act
mium.
Sec. 28. It shall be the duty of the commission, in the exercise
of the powers and discretion conferred upon it by this act, ulti
mately to fix and maintain, for each class and subclass of occupa
tion, the lowest possible rates of premium consistent with the
maintenance of a solvent State compensation insurance fund, and
the creation and maintenance of a reasonable surplus, after the pay
ment of legitimate claims for injury and death, that may be au
thorized to be paid from the State compensation insurance fund
for the benefit of injured and dependents of killed employees; and
in order that said objects may be accomplished the commission
shall observe the following requirements in classifying occupa
tions and fixing the rates of premium for the risks of the same:
It shall determine and base all rates of premium for said classes
and subclasses and all revisions thereof upon the following con
ditions and considerations:
(a) The condition of the place of employment as regards health,
safely, and protection against accident, and the means and methods
of caring for injured persons;
(b) Total pay roll and number of employees in each of said
classes and subclasses;
(c) The loss ratio developed by the subclass and by the class
as a whole;
(d) The earned premium exposure of the subclass and o f the
class as a whole;
(e) The character of hazard of the subclass and of the class as
a whole;
( f ) The number and nature of accidents experienced by the sub
class and the class as a whole;
(g) The number and nature of accidents experienced by the
Individual employers;
(h) A reasonable regard for the accident experience of each
such employer and his employees.
But such rates shall take no account of the extent to which
the employees in any particular establishment have or have not
persons dependent upon them for support, nor of whether such
COMPENSATION LEGISLATION, 1914, 1915— COLORADO.
83
employees have dependents who are nonresidents of the United
States, nor of whether such employees are married or single, nor
the age of any such employees. The rates so made shall be that
percentage of the pay roll of any employer which on the average
shall produce a sufficient sum:
(1) To carry all claims to maturity; that is to say, the rates
shall be based upon the “ reserve ” and not upon the “ assessment ”
plan;
(2) To produce a reasonable surplus as provided in this act to
cover the catastrophe hazard and insure the payment to em
ployees and their dependents of the compensation herein provided.
Sec. 29. The commission shall keep an accurate account of the Separate acmoney paid in premiums by each of the several classes and sub-counts.
classes of occupations or industries, and the disbursements on
account of injuries and death of employees thereof, and it shall
also keep an account of the money received from each individual
employer and the amount disbursed from the State compensation
insurance fund on account of injuries and death of the employees
of such employer.
Ten per cent of all the money paid into the State compensation S u r p l u s
insurance fund shall be set aside for the creation of a surplusfundfund until such surplus fund shall amount to the sum of five
hundred thousand dollars, after which time the sum of five per
cent of all money paid into the State compensation insurance
fund shall be credited to such surplus fund, until such time as,
in the judgment of the commission, such surplus shall be suffi
ciently large to guarantee a State compensation insurance fund
from year to year.
It is the intention that the amounts raised for such State
compensation insurance fund shall ultimately become neither
more nor less than to make said fund self-supporting, and the
premiums or assessments levied for such purpose shall be subject
to readjustment from time to time by the commission as may
become necessary.
Ru,
Sec. 30. The commission shall adopt rules and regulations with
respect to the collection, maintenance, and disbursement of the
State compensation insurance fund; one of which rules shall pro
vide that in the event the amount of premium collected from
any employer at the beginning of any period of six months, as
ascertained and calculated by using the estimated expenditure of
wages for the period of time covered by such premium payments
as a basis, shall differ from the actual wage expenditure for such
six months’ period, that an adjustment of the amount of such
premium shall be made at the end of such six months’ period
and the actual amount of such premium shall be determined in
accordance with the amount of the actual expenditure of wages for
said period; and in the event such actual wage expenditure for
said period is less than the amount on which such estimated
premium was collected, then such employer shall be entitled to
have the amount of such difference credited on succeeding premium
payments, and should such actual premium, when ascertained as
aforesaid, exceed in amount the premium so paid by such em
ployer, at the beginning of such six months’ period, such employer
shall upon being advised of the true amount of such premium
due, forthwith pay to the State treasurer an amount equal to the
difference between the amount actually found to be due and the
amount paid by him at the beginning of said six months’ period.
Seo. 31. The commission shall on or before August 1st, 1915,. Schedule to
issue in proper form for distribution a schedule of rates of pre*
miums to be paid to the State compensation insurance fund by
the employers of the several classes and subclasses, based and
determined as in this act provided, which rates shall control and
govern for the period ending December 31st, 1915.
On the first day of January, 1916, and semiannually thereafter, Revision,
a readjustment of the rates shall be made for each of the sev
eral classes and subclasses o f occupation or industry which, in
the judgment of the commission, have developed an average loss
84
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
ratio in accordance with the experience of the commission in the
administration of the law as shown by the accounts kept as pro
vided herein.
Should any such accounting show a balance remaining to the
credit of any class of occupation or industry, after the above-men
tioned amounts have been credited to the surplus fund and after
the payment of all awards for injury or death lawfully charge
able against the same, the premium rate for such class or sub
class shall be reduced, and each individual member of such class
or subclass who has been a subscriber to the State compensation
insurance fund for a period of six months or longer prior to the
time of such readjustment, and whose premium or premiums so
paid to the State compensation insurance fund and to the sur
plus fund thereof exceeds the amount of the disbursements from
tlie State compensation insurance fund on account of injuries or
death to his employees during such period, shall be entitled to a
credit on the installment or installments of premium next due
from him, the amount of which credit shall be such proportion of
said balance as the amount of his prior paid premiums sustains
to the whole amount of said premiums paid by the class or sub
class to which he belongs since the last readjustment of rates,
based and determined as provided in this act
tatkmsepreSen" Sec. 32. Any employer who intentionally misrepresents to the
commission the amount of pay roll upon which the premium under
this act is based shall pay into the State compensation insurance
fund the sum of ten times the amount of the difference in
premium paid and the amount such employer should have paid,
and shall be deemed guilty of a misdemeanor and shall be pun
ished by a fine of not less than one hundred dollars nor more
than five hundred dollars.
Blanks.
Sec. 33. The commission shall prepare and furnish at the ex
pense of the State, blank forms of application for benefits or com
pensation from the State compensation insurance fund, notices
to employers, proofs of injury or death, or medical attendance,
or employment and wage earnings, and such other blanks as may
be deemed proper and advisable, and it shall be the duty of em
ployers to constantly keep on hand a sufficient supply of such
blanks, that the same may be readily available.
Schedules,
Sec. 34. The commission shall cause to be printed in proper
printed.
form for distribution to the public proper schedules showing its
classification, rates, regulations, and rules of procedure, which
shall be printed and ready for distribution at least thirty days
prior to the date the same are due by law to go into effect, and
shall furnish the same to any person upon application therefor,
and the fact that such classification, rates, regulations, and rules
of procedure are printed and ready for distribution to all who
apply for the same shall be a sufficient publication of the same as
required by this act.
Orders in ef- Sec. 35. All general orders shall take effect upon their publicafect.
tion in the semiannual manual or schedule o f rates, rules, and
regulations issued by the commissioner.
Duties of Sec. 36. It shall be the duty of all officers and employees of the
public officials, gtate, the counties, and municipalities, upon request of the com
mission, to enforce in their respective departments all lawful
orders of the commission in so far as the same may be applicable
and consistent with the general duties of such officers and em
ployees, and it shall also be their duty to make to such commis
sion such reports as it may require concerning matters within
their knowledge appertaining to the purposes of this act and to
furnish to it such facts, data, statistics, and information as may
from time to time come to them appertaining to the purposes of
this act and the duties of such commission thereunder, and par
ticularly such information coming to their knowledge respecting
Unsafe places tlie condition of all places of employment subject to the provi*sions of this act as regards the health, protection, and safety of
employees and the hazard of risk of such places of employment.
COMPENSATION LEGISLATION, 1914, 1916— COLORADO.
85
Sec. 37. Whenever the commission shall learn, or upon peti
tion by any person be informed, that any employment or place of
employment is not safe, it shall proceed summarily, with or with
out notice, to make such investigation as may be necessary to de
termine the matter complained of, as the same may affect the
hazard or risk of insurance.
S e c . 38 . For the purpose of making any investigation with re- bv dlrmtfes
gard to any employment or place of employment the commis
sion shall have power to appoint, by an order in writing, any
deputy or any other competent person as an agent whose duties
shall be prescribed in such order.
In the discharge of his duties such agent shall have every
power whatsoever for obtaining information granted in this act
to the commission and all powers granted by law to officers author
ized to take depositions are hereby granted to such agent
The commission may conduct any number of such investiga
tions contemporaneously through different agents, and may dele
gate to such agents the taking of all testimony bearing upon any
investigation or hearing. The decision of the commission shall be
based upon his examination of all testimony and records. The
recommendations made by such agents shall be advisory only and
shall not preclude any further investigation or the taking of
further testimony if the commission so order.
S e c . 39. Annually on or before the 15th day of December, th ep^s?
re’
commission shall make a report to the governor for the preceding fiscal year, which shall include a statement of the number
of awards made by it and a general statement of the causes of
accidents leading to the injuries for which the awards were made,
a detailed statement of the disbursements from the State com
pensation insurance fund, the amount credited to the reserve
fund, and the condition of the respective funds, together with
any other matters which the commission deems proper to call to
the attention of the governor, including any recommendations it
may have to make, and it shall be the duty of the commission
from time to time to publish and distribute among employers
and employees such general information as to the business trans
acted by the State compensation insurance fund as in its judg
ment may be useful.
S e c . 40. Every employer insured in the State compensation inof con"
surance fund shall contribute to it in proportion to the annual
expenditure of money by said employer for the service of persons
engaged in such employment and the hazard of risk of his em
ployment and place of employment, the amount of such pay
ments and the method of making the same to be determined as
in tiiis act provided.
S e c . 41. Except as hereinafter provided, every employer in- paymSi£inUa
sured in the State compensation insurance fund shall, in the
month of September, 1915, and semiannually thereafter during
January and July of each year, pay into the State compensation
insurance fund in advance the amount of premium determined
and fixed by the commission for the employment or occupation
of such employer for the ensuing period, the amount of which
premium to be so paid by each such employer to be determined by
the classifications, rules, and rates made and published by the
commission, and such employer shall semiannually thereafter pay
such further sum of money into the State compensation insurance
fund as may be ascertained to be due from him by applying
the provisions of this act and rules and rates of the commission.
Such payment shall be made within the time fixed by the commis
sion and a receipt or certificate certifying that such payment
has been made shall immediately be mailed to such employer by
the commission, which receipt or certificate shall be prima facie
evidence of the payment of such premium. Notwithstanding any
thing in this act, any employer accepting the provisions thereof
who shall file with the commission a statement showing his in
tentions to pay the compensation and benefits herein provided
86
BULLETIN OP THE BUREAU OP LABOR STATISTICS.
and furnishing satisfactory proof to the commission of his sol
vency and financial ability to pay the same and furnish security,
if the commission, in its discretion, deems such security necessary,
Direct p a y - on permission granted by the commission ibe permitted to
ments of bene- make such payments direct to his employees and their dependents
fits.
as they may be entitled to receive the same under the provisions
of this act.
Any employer so receiving such permission or who shall insure
with any stock or mutual corporation as provided in this act,
shall, during his prompt compliance with the provisions of this
act, and the payment by him of the compensation and benefits
therein provided, be relieved from making the payments herein re
quired to be made to the State compensation insurance fund, and
shall have the benefits of all the provisions of this act, as though
said employer paid premiums into the State compensation insur
ance fund as provided by this act Such employer shall cause
notice of such fact to be given his employees in the manner pro
vided for notice by employers accepting or rejecting the provisions
of this act.
Insurance re- Sec. 42. An employer, liable under the provisions of this act, to
quired.
pay compensation shall insure payment of such compensation in
any company authorized to insure such liability in this State or
Exception. ^
gtate compensation insurance fund, unless such employer
shall be exempted from such insurance by the commission. The
commission shall, from time to time, require further statement of
financial ability of such employer to pay compensation, and may,
upon ten (10) days* notice in writing, revoke its order granting
such exemption, in which case such employer shall immediately
insure his liability.
Payments by Seo. 43. The amount of money to be contributed by the State
municipalities,
an(j by each county, city, town, irrigation or school district,
or other taxing district of the State, shall be, unless otherwise pro
vided by law, a sum equal to one per centum of the amount of
money expended by the State, and by each county, city, town, irri
gation or school district, or other taxing district respectively, dur
ing the last preceding fiscal year for the service of all persons in
their employ who are subject to the provisions of this act.
Same sub- Sec. 44. In the month of September, 1915, the auditor of State
*
shall draw his warrant on the State treasurer in favor of said
treasurer or custodian of the State compensation insurance fund,
and for deposit to the credit of said fund, for a sum equal to one
per centum of the amount of money expended by the State, dur
ing the last preceding six months, for the service of persons in its
employ, who are subject to the provisions of this act, which said
sums are hereby appropriated and made available for such pay
ments ; and thereafter in the months of January and July of each
year, such sums of money shall in like manner be paid into the
State compensation insurance fund; and it shall be the duty of
the commission to communicate to the general assembly on the
first day of each regular session thereof an estimate of the aggre
gate amount of money necessary to be contributed by the State
during the two years next ensuing as its proper proportion of the
State compensation insurance fund.
List of ex- Sec. 45. By the 15th day of July, 1915, and in the month of Deser$ceUreS
cember of each year the State auditor shall prepare a list for each
county of the State showing the amount of money expended by each
township, city, town, village, irrigation or school district, or other
taxing district therein for the service of persons in their employ
during the fiscal year last preceding the time of preparing such
lists; and file a copy of such list with the clerk and recorder of
the county for which such list is made, and copies of all such lists
with the State treasurer. Such lists shall also show the amount of
money due from the county itself and from each city, town, irriga
tion or school district and other taxing districts thereof, as its power
[proper (?) ] contribution to the State compensation insurance fund
and the aggregate sum due from the county and such taxing dis
tricts located therein; Provided, however, That should the com-
COMPENSATION LEGISLATION,
1914, 1915— COLORADO.
87
mission on or before the first day of December in any year certify
to the State auditor that sufficient money is in the State com
pensation insurance fund to the credit of any county or counties
to provide for the payment of compensation to the injured and to
the dependents of killed employees of such county or counties*
and the several taxing districts therein for the ensuing year, the
State auditor shall not prepare and file with the county clerks
and the State treasurer said list or lists for such county or coun
ties specified in such certificate; and it shall be the duty of the
commission to make and file such certificate with the State auditor
whenever in its judgment there is sufficient money in the State
compensation insurance fund to the credit of any county or coun
ties to provide for the probable disbursement required to be made
to the injured and to the dependents of killed employees of such
county or counties and the several taxing districts therein for the
ensuing year.
Sec. 46. During the month of September, 1915, and in January Payment by
and July of each year following the filing with him of the lists counties,
mentioned in the last preceding section hereof, the clerk and
recorder of each county shall issue his warrant in favor of the
State treasurer on the county treasurer of his county for the ag
gregate amount due from such county and from the taxing dis
tricts therein, to the State compensation insurance fund, and the
county treasurer shall pay the amount called for by such warrant
fiom the county treasury, and the county clerk and recorder shall
charge the amount so paid to the county itself and the several
taxing districts therein as shown by such lists; and the State
treasurer shall immediately on receiving such money convert the
same into the State compensation insurance fund.
Sec. 47. In October, 1915, and in February of each year t h e r e - .Statements
after the State treasurer shall certify to the commission theOI p y
amount of money that has been paid to him for credit to the State
compensation insurance fund as provided in this act, and the
amount paid by the State itself, and by each county, city, town,
irrigation or school district therein, and at the same time shall
certify to the commission the name of such as may have made
default in the payments thereinbefore provided, and the respective
amounts for which they are in default. When any default is made
in the payment of the sums hereinbefore required to be contrib
uted to the State compensation insurance fund, or when any
official fails, neglects, or refuses to perform any act or acts re
quired to be performed by him with reference to the making of
such payments, it shall be the duty of the commission forthwith
to institute the proper proceedings in court to compel such pay
ment or payments to be made. The commission shall keep a sepa
rate account of the money paid into the State compensation in
surance fund by the State and by its political subdivisions as
hereinbefore provided, and the disbursements made therefrom on
account of the injuries to and death of public employees, subject
to the provisions of this act.
S e c . 48. Provided, Any county, city, town, village, irrigation disSelf-insurtrict, school district, or other taxing district therein desiring to be j J f c t o a l i U e s
exempted from insuring its liability for compensation shall make
application to the commission showing its solvency and financial
ability to pay such compensation; whereupon the commission, by
written order, may make'such exemption. The commission may
from time to time require further statement of financial ability of
such employer to pay compensation and may, upon thirty days’
notice in writing, revoke its order granting such exemption, in
which case such employer shall immediately insure its liability.
Sec. 49. The commission shall disburse the State compensation Di sb u r s e insurance fund to such employees o f such employers as have paid ments.
into said fund the premiums applicable to the classes to which
they belong who met with accidents arising out o f and in the
course o f their employment, wheresoever such injuries have oc
curred, or to their dependents in case death has ensued, and shall
furnish such medical, surgical, nurse, and hospital care and atten-
88
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
tion or funeral expenses as are provided by tliis act. The com
mission shall have full power to adopt rules and regulations with
the respect to furnishing such medical and hospital service and
medicine as provided for in section 50 to injured employees en
titled thereto out of the State compensation fund, and the same
shall be paid for as in this act provided for compensation and
benefits.
eicaf^tc1, aid ®EC*
Every employer, regardless of his method of insurance,
*’
shall furnish such medical, surgical, and hospital treatment, medi
cines, medical and surgical supplies, crutches, and apparatus as
may be reasonably needed at the time of the injury and thereafter
during the disability, but not exceeding thirty days and one hun
dred dollars in value, to cure and relieve from the effects of the
injury: Provided, That medical, surgical, and hospital treatment,
payment for which is provided for in any plan in force between
an employer and his employees at the time of the enactment of
this act or which is thereafter agreed to by employer and em
ployee, shall be deemed a full compliance with the requirements
of this section and shall be received by the employee in full accord
and satisfaction thereof.
Burial ex - Sec. 51. If the deceased employee leaves no person dependent
penses.
upon him for support, and the accident proximately causes death,
tlie death benefit shall consist o f the reasonable expenses o f his
burial, not exceeding one hundred dollars ($100).
rtAAthylh^Afi+«f Death benefit shall be paid in monthly installments correspond*
ing in amount to fifty (50) per cent o f the average weekly earn
ings o f the employee until otherwise ordered by the commission.
f<n’°m^isaWiity ^EC* 52. If the accident causes disability, a disability indemnity
shall be payable as wages upon the twenty-ninth day after the
injured employee leaves work as the result o f the injury, and
thereafter regularly, but not less frequently than once in each cal
endar month, unless otherwise ordered by the commission, sub
ject, however, to the following limitations:
Waitingtime,
(a) If the period of disability does not last longer than three
weeks from the day the employee leaves work as the result of the
injury, no disability indemnity whatever shall be recoverable ex
cept the disbursement in this act provided for medical, nurse, and
hospital services and medicines; nor in any case unless the com
mission has actual knowledge of the injury or is notified thereof
within the period specified in this act.
(b)
If the period of disability lasts longer than three weeks
from the day the employee leaves work as the result of injury, no
disability indemnity shall be recoverable for the first three weeks
of disability.
Hernia.
A workman in order to be entitled to compensation for hernia
must clearly prove: (1) That the hernia is of recent origin, (2)
that its appearance was accompanied by pain, (3) that it was
immediately preceded by some accidental strain suffered in the
course of the employment, and (4) that it did not exist prior to
the date of the alleged injury. If a workman, after establishing
his right to compensation for hernia as above provided, elects to
be operated upon, a special operating fee of not to exceed fifty
dollars shall be paid by the employer, the insurer, or the commis
sion, as the case may be. In case such workman elects not to be
operated upon and the hernia becomes strangulated in the future,
the results from such strangulation will not be compensated.
Temporary Sec. 53. In case of temporary disability of more than three
disability.
weeks’ duration, the employee shall receive fifty per cent of his
average weekly wages so long as such disability is total, not to
exceed a maximum of eight dollars per week and not less than a
minimum of five dollars per week, unless the employee’s wages
shall be less than five dollars per week, in which event he shall
receive compensation equal to his average weekly wages.
Partial disa- Sec. 54. In case of injury resulting in partial disability, the
bility.
employee shall receive fifty per cent of the impairment of his
earning capacity during the continuance thereof, not to exceed a
maximum of eight dollars per week, or a greater sum in the ag-
COMPENSATION LEGISLATION,
1914, 1915— COLORADO.
gregate than two thousand and eighty dollars. In cases Included
in the following schedule the disability in each case shall be
deemed to continue for the period specified and the compensa
tion so paid for such injury shall be as specified herein, to w it:
The loss of one arm between the elbow and shoulder, 208
weeks;
The loss of a forearm at the lower half thereof, 104 weeks;
The loss of a hand, 104 weeks;
The loss of a palm where thumb remains, 70 weeks;
The loss of a thumb and the metacarpal bone thereof, 50
weeks;
The loss of a thumb at the proximal joint, 35 weeks;
The loss of a thumb at the second or distal joint, 18 weeks;
The loss of an index finger and the metacarpal bone thereof, 26
weeks;
The loss of an index finger at the proximal joint, 18 weeks;
The loss of an index finger at the second joint, 13 weeks;
The loss of an index finger at the distal joint, 9 weeks;
The loss of a second finger and the metacarpal bone thereof, 18
weeks;
The loss of a middle finger at the proximal joint, 13 weeks;
The loss of a middle finger at the second joint, 9 weeks;
The loss of a middle finger at the distal joint, 5 weeks;
The loss of a third or ring-finger and the metacarpal bone
thereof, 11 weeks;
The loss of a ring finger at the proximal joint, 7 weeks;
The loss of a ring finger at the second joint, 7 weeks;
The loss of a ring finger at the distal joint, 4 weeks;
The loss of a little finger and the metacarpal bone thereof, 13
weeks;
The loss of a little finger at the proximal joint, 9 weeks;
The loss of a little finger at the second joint, 9 weeks;
The loss of a little finger at the distal joint, 4 weeks;
The loss of all the fingers of one hand where the thumb and
palm remain, 52 weeks;
The loss of a leg at the hip joint, or so near thereto as to pre
clude the use of an artificial limb, 208 weeks;
The loss of a leg at or above the knee, where stump remains
sufficient to permit the use of an artificial limb, 139 weeks;
The loss of a foot at the ankle, 104 weeks;
The loss of a great toe with the metatarsal bone thereof, 26
weeks;
The loss of a great toe at the proximal joint, 18 weeks;
The loss of a great toe at the second joint, 9 weeks;
The loss of any other toe with the metatarsal bone thereof, 11
weeks;
The loss of any other toe at the proximal joint, 4 weeks;
The loss of any other toe at the second or distal joint, 4 weeks;
The loss of all the toes of one foot, 35 weeks;
The loss of an eye by enucleation, 139 weeks;
Total blindness of one eye, 104 weeks;
Total deafness of both ears, 139 weeks;
Total deafness of one ear, 35 weeks;
Total deafness of the second ear, 104 weeks.
Other relative injuries: In all other cases, not otherwise speci
fied in the foregoing schedule, the compensation shall bear such
relation to the amount stated in the above schedule as the dis
abilities bear to those produced by the injuries named in the
schedule, except
(a) Facial disfigurement: If any employee is seriously, per
manently disfigured about the face or head, the commission may
allow such sum for compensation on account thereof as it may
deem just, not exceeding five hundred dollars.
(b) Disability through infection: When by reason of infection
or other cause not due to the neglect or misconduct of the in
jured employee he is actually disabled longer than the time
specified in the foregoing schedule for earning wages, compensa-
Schedule,
89
90
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
tion shall be paid such employee for such loss of wages within the
limits otherwise provided.
(c) Paralysis: For the purpose of this schedule, permanent
and complete paralysis of any member as the proximate result
of an accidental injury shall be deemed equivalent to the loss
thereof.
(d) Amputation: Whenever an amputation is made between
any two joints mentioned in this schedule (except amputations
between the knee and hip joint) the resulting loss shall be esti
mated as if the amputation had been made at the joint nearest
thereto.
(e) The amounts specified in this section are all subject to the
limitation as to the maximum weekly amount payable as herein
before specified in this act.
Permanent Sec. 55. In cases of permanent total disability, the award shall
total oisaDUper cent 0f the average weekly wages and shall continue
until the death of such person so totally disabled but not to ex
ceed a maximum of eight dollars per week and not less than a
minimum of five dollars per week, unless the employee’s average
weekly wages are less than five dollars per week at the time of
the injury, in which event he shall receive compensation in an
amount equal to his average weekly wages.
The loss of both hands or both arms, or both feet or both legs,
or both eyes, or of any two thereof, shall prima facie constitute
total and permanent disability, to be compensated according to
the provisions of this section: Provided, That, where the dis
ability comes under this section, and where the employer or the
commission obtains other suitable employment for such disabled
person which he can perform and which in all cases shall be sub
ject to the approval of the commission, the disabilities set out in
this paragraph shall not constitute permanent total disability,
but such partial disability as may be determined by the commis
sion after a finding of the facts,
amtaatfons eX~ ®Ea
Whenever, in case of injury, the right to compensation
under this act would exist in favor of an employee, he shall, upon
the written request of his employer, or the insurer .carrying such
risk, submit himself from time to time to examination by a phy
sician or surgeon duly authorized to practice medicine under the
laws of this State, who shall be provided and paid for by the
employer or insurer, and shall likewise submit to examination
from time to time by any regular physician selected and paid for
by said commission or a member or examiner thereof. The em
ployee shall be entitled to have a physician provided and paid for
by himself present at any such examination. So long as the em
ployee, after such written request of the employer or insurer
shall refuse to submit himself to such examination, or shall
in any way obstruct the same, his right to collect or to begin or
to maintain any proceeding for the collection of compensation shall
be suspended; and if he shall refuse to submit to such examina
tion, after direction by the commission or any member or ex
aminer thereof, or shall in any way obstruct the same, his right to
weekly indemnity which shall accrue and become payable during
the period of such refusal or obstruction shall be barred. If any
employee shall persist in unsanitary or injurious practice which
tends to imperil or retard his recovery, or shall refuse to submit
to such medical or surgical treatment as is reasonably essential
to promote his recovery, the commission may, in its discretion,
reduce or suspend the compensation of any such injured employee.
Any physician who shall make, or be present at, any such ex
amination may be required to testify as to the results thereof.
Any physician having attended an employee in a professional
capacity may be required to testify before the commission when
it shall so direct. Physicians will not be required, however, to
disclose confidential communications communicated to them for
the purpose of treatment and which are unnecessary to a proper
understanding of the case.
tion° t<>mlump Sec. ®7. Any time after six months has elapsed from the date
sums.
of the injury, the commission may order payment in gross or in
COMPENSATION LEGISLATION,
1914, 1915— COLORADO.
91
such manner as it may determine to be for the best interest of
the parties concerned. When payment in gross is ordered, the
commission shall fix the gross amount to be paid based on the
present worth of partial payments, considering interest at four
per cent per annum.
In case death proximately results from the injury within a Compensaperiod of two years, the benefits shall be in the amounts and to tion for death,
the persons following:
(1) If there be no dependents, the compensation shall be
limited to the expenses provided for medical, hospital, and funeral
of deceased, together with such sums as deceased may have been
paid for disability.
(2) If there are wholly dependent persons at the time of the
death, the payment shall be 50 per cent of the average weekly
wages, subject to the limitations of this act as to maximum
weekly amount, and to continue for the remainder of the period
from the date of the death and not to exceed six years after the
date of the injury and not to amount to more than a maximum
of two thousand five hundred dollars, nor less than a minimum
of one thousand dollars.
(3) If there are partly dependent persons at the time of the
death, the payment shall be fifty per cent of the average weekly
wages, subject to the limitations of this act as to maximum
amount, and to continue for all or such portion of the period of
six years after the date of the injury as the commission in each
case may determine and not to amount to more than a maximum
of two thousand five hundred dollars.
If death occurs to an injured employee other than as a proxi
mate result of the accident before disability indemnity ceases,
and the deceased leaves a person or persons wholly dependent
upon him for support, death benefit shall be as follows:
(a) Where the accident proximately caused permanent total
disability, the death benefit shall consist of the unpaid and un
accrued portion of the permanent* total disability benefit which
the employee would have received had he lived until he had re
ceived the sum of twenty-five hundred dollars.
(b) Where the accident proximately caused permanent partial
disability, the death benefit shall consist of the unpaid and un
accrued portion of the permanent partial disability benefit which
the employee would have received if he had lived.
Sec. 58. If death occurs to an injured employee, either as a Partial d e proximate result of the accident or otherwise, before disability pendents,
indemnity ceases, and the deceased employee leaves no one wholly
dependent upon him for support, but one or more persons par
tially dependent therefor, the death benefit shall not exceed four
times the amount devoted by deceased during the year immediately
preceding his death to the support of such dependents, and shall
be apportioned according to the percentage that the amount de
voted by the deceased to the support of such person or persons for
the year immediately prior to the accident bears to the average
annual earnings of the deceased: Provided, That such death bene
fits shall not exceed in the aggregate the difference between the
amount of liability benefits received by deceased in his lifetime
and the sum of twenty-five hundred dollars.
Sec. 59. The benefits in case of death shall be paid to such one Payments,
or more of the dependents of the decedent for the benefit of all
the dependents entitled to such compensation as may be deter
mined by the commission, who may apportion the benefits among
such dependents in such manner as it may deem just and equitable.
Payment to a dependent subsequent in right may be made, if the
commission deems it proper, which payment shall operate to dis
charge all other claims therefor. The dependents or persons to
whom benefits are paid shall apply the same to the use of the
several beneficiaries thereof, according to their respective claims
upon the decedent for support in compliance with the finding and
direction of the commission.
92
Sam e
3ect*
BU LLETIN OP TH E BTJBEATJ OF LABOR STATISTICS.
In all cases of death where the dependents are a widow and
one or more minor children, it shall be sufficient for the widow
to make application to the commission on behalf of herself and
minor children; and in cases where all of the dependents are
minors, the application shall be made by the guardian or next
friend of such minor dependents.
subS ec . 60. Payment of death benefits to one or more dependents
shall protect and discharge to that extent all compensation under
this act, unless and until any other person claiming to be a de
pendent shall have given the commission notice of his claim. In
such case the commission shall determine the respective rights of
said rival claimants, and thereafter such death benefits shall be
paid to such dependents as it shall so find entitled under the pro
visions of this act.
R eduction o f
Sec. 61. The
com pensation, f i f t y per cen t:
compensation provided herein shall be reduced
(a) Where injury is caused by the willful failure of the em
ployee to use safety devices provided by the employer;
(b) Where injury results from the employee’s willful failure
to obey any reasonable rule adopted by the employer for the
safety of the employee;
(c) Where injury results from the intoxication of the employee.
Notice and S e c . 62. No claim to recover compensation under this act shall
claim.
jje maintained unless, within thirty days after the occurrence
of the accident which is claimed to have caused the injury or
death, notice in writing, stating the name and address of the
person injured, the time and place where the accident occurred,
the nature and cause of the injury, and making a claim for com
pensation with respect to injury and signed by the person in
jured, or by some one in his behalf, or, in case of death, by a
dependent, or some one on his behalf, stating also the names and
addresses of each dependent, shall be served upon the commis
sion, either by delivering to and leaving with it a copy of such
notice or by mailing to it by registered mail a copy thereof, in a
sealed and postpaid envelope, addressed to him at its office in
Denver, Colorado. Such mailing shall constitute completed serv
ice: Provided, however, That the failure to give any such notice
or any defect or inaccuracy therein shall not be a bar to a re
covery under this act, if it is found as a fact in the proceedings
for the collection of the claim that there was no intention to mis
lead the commission, and that it was not in fact misled thereby, or
that said claimants were nonresidents: And provided further,
That if no such notice is given and no payment of compensation
has been made within one year from the date of the accident, the
right to compensation therefor shall be wholly barred.
Exemptions.
Sec. 63. Compensation before payment shall be exempt from all
claims o f creditors and from any attachment or execution, and
shall be paid only to such employees or their dependents.
Claims not Sec. 64. No claim for compensation under this act shall be
assignable.
assignable, but this provision shall not affect the survival thereof.
Assignments S e c . 65. The making of a claim for compensation under this
tionaUSe
ac net for the injury of or death shall operate as an assignment of
any cause of action in court which the employee or his legal rep
resentative or others may have against any other party for such
injury or death.
Custodian o f
S e c . 66. The State treasurer shall be the custodian of the State
iund*
compensation insurance fund, and all disbursements therefrom
shall be paid by him upon warrants of the State auditor upon
vouchers authorized by the commission for benefits legally due
to the person or persons designated in such vouchers, and the
State auditor is hereby authorized and directed to draw warrants
upon the State compensation insurance fund for payment thereof.
Deposit of Seo. 67. The State treasurer is hereby authorized to deposit
funds.
any portion of the State compensation insurance fund not needed
for immediate use, in the same manner and subject to all pro
visions of law with respect to the deposit of State funds by such
treasurer; and all interest earned by such portion of the State
COMPENSATION LEGISLATION,
1914, 1915--- COLORADO.
compensation insurance fund as may be deposited by the State
treasurer in pursuance of authority herein given, shall be col
lected by him and placed to the credit of such fund: Provided,
however, That none of the funds belonging to the State compen
sation insurance fund shall be used for any other purpose what
soever.
Sec. 68. The State treasurer shall give a separate and additional bond in such amount as may be fixed by the governor and
witlt sureties to his approval, conditioned for the faithful per
formance of his duties as custodian of the State compensation in
surance fund, subject to all provisions of law governing bonds of
State treasurer.
93
Bond,
Seo. 69. The commission shall have full power and authority P o w e r to
to hear and determine all questions within its jurisdiction, a n d make awards,
its finding award and order issued thereon shall be final, except
as in this act provided.
Any person affected by any finding, order, or award of the com
mission may petition for a hearing on the reasonableness of any
such finding, order, or award.
Such petition shall be verified, and shall specify the finding,
order, or award upon which a hearing is desired and every reason
why such finding or order or award is considered unreasonable.
The petitioner shall be deemed to have finally waived all objec
tions to any irregularities and illegalities in the finding, order, or
award upon which a hearing is sought other than those set forth
in the petition. All hearings of the commission shall be open to
the public.
Sec. 70. Any dispute or controversy concerning compensation Settlement of
under this act, including any in which the State may be a party, disputes,
shall be submitted to said industrial commission in the manner
and with the effect provided herein. If the injured employee or
his dependents and the employer or his insurer reach an agree
ment in regard to compensation under this act a memorandum
of the agreement shall be filed with the commission, and if ap
proved by it thereupon the memorandum for all purposes shall
be enforceable as are all the awards of the commission. All such
agreements shall be approved by the commission. Such approval
shall be given by the commission only when the terms thereof
conform to the provisions of this act.
Upon the filing with the commission by any party in interest
of an application in writing stating the general nature of any
claim as to which any dispute or controversy may have arisen,
the commission shall fix a time for the hearing thereof which
shall not be more than forty days after the filing of such applica
tion. The commission shall cause reasonable notice of such hear
ing, embracing a general statement of such claim, to be given to
each party interested, by service of such notice on him personally
or by mailing a copy thereof to him at his last known post-office
address at least ten days before such hearing. Such hearing may
be adjourned from time to time in the discretion of the commis
sion, and hearings shall be held at such places as the commission
may designate. Either party shall have the right to be present
at any hearing in person or by attorney or by any other agent,
and to present such testimony as may be pertinent to the contro
versy before the commission, and shall have the right of crossexamination: Provided, That the commission may, with or with
out notice to either party, cause testimony to be taken or an in
spection of the premises where the injury occurred to be had or
the time books and pay roll of the employer to be examined; the
testimony so taken and the results of any such inspection or ex
amination shall be reported to the commission for its considera
tion upon final hearing. All ex parte testimony taken by the
commission shall be reduced to writing and either party shall
have opportunity to examine and rebut the same on final hearing.
The commission or any agent designated by him shall have power
and authority to issue subpoenas, to compel the attendance of
witnesses or parties, and the production of books, papers, or rec
ords, and to administer oaths.
94
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Fees of offi- Sec. 71. Each officer who serves such subpoena shall receive the
cers*
same fee as a sheriff, and each witness who appears in obedience
to a subpoena before the commission or its agents shall receive
for his attendance the fees and mileage provided for witnesses
in civil cases in the district court, which shall be audited and
paid from the State treasury in the same manner as other ex
penses are audited and paid upon the presentation of proper
vouchers approved by the commission. No witness subpoenaed at
the instance of a party other than the commission or its agent
shall be entitled to compensation from the State treasury unless
the commission shall certify that his testimony was material to
_ „
.
the matter investigated,
pear!
^ Sec- 72- ^
person who shall willfully fail or neglect to
appear and testify or to produce books, papers, and records as
required by such subpoena duly served upon him shall be guilty
of a misdemeanor, and upon conviction thereof shall be fined not
less than twenty-five dollars nor more than one hundred dollars
or imprisoned in the county jail not longer than thirty days for
each such offense. Each day such person shall so refuse or neg
lect shall constitute a separate offense.
The district court of the county wherein such person resides,
or district court of the city and county of Denver, upon applica
tion of the commission or its agent, may issue an order compelling
the attendance and testimony of witnesses and the production
of books, papers, and records before such commission or any such
agent.
Upon such hearing, if it shall be found that the finding, order,
or award complained of is unreasonable, the commission shall
substitute therefor such other finding, order, or award as shall be
just and reasonable, or may rescind such finding, order, or award.
Depositions.
gEC. 73. The commission or any party may, in any investiga
tion, cause the depositions of witnesses residing within or with
out the State to be taken in the manner prescribed by law for
like depositions in civil actions in district courts. All such depo
sitions shall be taken upon commission issued by the commission,
and shall be taken in accordance with the laws and rules of court
covering depositions in civil cases in the district courts of this
State.
Records.
Sec. 74. A full and complete record shall be kept o f all proceed
ings had before the commission on any investigation, and all
testimony shall be taken down by a stenographer appointed by
Tran serinta
as evidence.
awaiw
commission,
Sec. 75. A transcribed copy of the evidence and proceedings, or
any specific part thereof, on any investigation, by a stenographer
appointed by the commission, being certified by such stenographer
to be a true and correct transcript of the testimony on the in
vestigation of a particular witness, or of a specific part thereof,
carefully compared by him with his original notes, and to be a
correct statement of the evidence and proceedings had on such
investigation, so purporting to be taken and subscribed, may be
received as evidence by the commission with the same effect as
if such stenographer were present and testified to the facts so
certified. A copy of such transcript shall be furnished on demand
to any party upon the payment of the fees therefor as prescribed
a for transcripts in district courts,
Sec. 76. After final hearings by said commission it shall make
and file ( 1) its findings upon all facts involved in the controversy
and ( 2) its award, which shall state its determination as to the
rights of the claimant. Pending the hearing and determination
of any controversy before it, the commission shall have power to
order the payment of such part of the compensation which the
commission concedes is or may fall due, as to which the claimant
is entitled, and upon the final determination of the commission
as to the rights of the claimant, such payments so made shall be
specified in and constitute a part of his finding and award.
The commission on its own motion, on three days’ notice to
the parties interested, by mail or served personally, may modify
COMPENSATION LEGISLATION,
1914, 1915---- COLORADO.
95
or change his order, finding, or award at any time within fifteen
days from the date thereof, if he shall discover any mistake
therein. *
Sec. 77. No action, proceeding, or suit to set aside, vacate, or V acating oramend any finding, order, or award o f the commission, or to enjoin ders
the enforcement thereof, shall be brought unless the plaintiff shall
have first applied to the commission for a hearing thereon as pro
vided in this act, and unless such action, proceeding, or suit shall
have been commenced within sixty days after final decision by
the commission.
Sec. 78. Any person in interest being dissatisfied with any such S u i t s t o
finding, order, or award o f the commission issued or promulgated modlfy awardsby virtue o f the authority conferred in this act may commence
an action in the district court in and for the county wherein the
injury was sustained or in the district court in and for the city
and county o f Denver against the commission is defendant to
modify or vacate the same on the ground that the same is unlaw
ful or unreasonable, in which action the adverse party shall also
be made a defendant.
All such actions shall have precedence over any civil cause of
a different nature pending in such court, and the district court
shall always be deemed open for the trial thereof, and the same
shall be tried and determined by the district court in manner as
provided for other civil actions.
Sec. 7 9 . In such action a copy of the complaint, which shall state P rocedure,
the grounds upon which a review is sought, shall be served with
the summons. The commission shall file its answer within twenty
days after the service of the complaint. With its answer the com
mission shall make return to said court of all documents and
papers on file in the matter, and of all testimony which may have
been taken therein, and of its order, finding, and award. Such
return of the commissioner when filed in the office of the clerk
of the district court shall constitute a judgment roll in such
action; and it shall not be necessary to settle a bill of exceptions
in order to make such return part of the record of such court in
such action. Said action may thereupon be brought on for hearing
before said court upon such record by either party on ten days’
notice to the other, subject, however, to the provisions of law for
a change of the place of trial or the calling in of another judge.
Sec. 80. If upon trial of such action it shall appear that all co5migs1one tC
issues arising in such action have not theretofore been presented
to the commission in the petition filed as provided in this act, or
that the commission has not theretofore had an ample oppor
tunity to hear and determine any of the issues raised in such
action, or has for any reason not in fact heard and determined
the issues raised, the court shall, before proceeding to render
judgment, unless the parties to such action stipulate to the con
trary, transmit to the commission a full statement of such issue
or issues not adequately considered, and shall stay further pro
ceedings in such action for fifteen days from the date of such
transmission, and may thereafter grant such further stays as
may be necessary.
Upon receipt of such statement the commission shall hear
and consider the issues not theretofore heard and considered, and
may alter, modify, amend, or rescind its finding, order, or award
complained of in said action, and it shall report its action thereon
to said court within ten days from the receipt of the statement
from the court for further hearing and consideration.
The court shall thereupon order such amendment or other
proceeding as may be necessary to raise the issues as presented
by such modification of the finding, order, or award as may have
been made by the commission upon the hearing, if any such
modification has in fact been made, and shall proceed with the
trial of such action.
Sec. 81. Upon such hearing the court may confirm or set aside Findings of
such order, but only upon the following grounds:
court.
(1)
That the commission acted without or in excess of its
powers;
96
BU LLETIN OF THE BUBEAU OF LABOB STATISTICS.
(2) That the finding, order, or award was procured by fraud;
(3) That the findings of fact by the commission do not support
the order or award.
Any action commenced in court under this section to set aside
or modify any finding, order, or award of the commission shall
be brought to trial thirty days after the issue shall be joined,
unless continued on order of the court for good cause shown. No
continuance shall be for longer than thirty days at one time.
Upon the trial of any such action the court shall disregard
any irregularity or error of the commission unless it be made
affirmatively to appear that the claimant was damaged thereby.
The record in any case shall be transmitted to the commis
sion within twenty days after the order or judgment of the court,
unless in the meantime a writ of error addressed to the district
court shall be obtained from the supreme court for the review
of such order or judgment.
How case Sec. 82. Upon setting aside of any finding, order, or award the
may be dis- court may recommit the controversy and remand the record
posed of.
in £[ie case ^0 the commission for further hearing or proceedings,
or it may enter the proper judgment upon the findings, as the
nature of the case shall demand: Provided, however, That in no
event shall such judgment be for a greater amount of compensa
tion than allowed by this act or in any manner conflict with the
provisions thereof. An abstract of the judgment entered by the
trial court upon the review of any order or award shall be made
by the clerk thereof upon the docket of said court, and a tran
script of such abstract may be obtained as of any entry upon such
docket.
R eview on Sec. 83. The commission or any party who may consider himwrit of error. seif aggrieved by a judgment entered upon the review o f any
such finding, order, or award may have questions of law only
reviewed summarily by the supreme court by writ of error, as
provided by law, and said cause shall be advanced upon the cal
endar of the supreme court, and a final decision rendered within
sixty days from date of issuance of the writ. It shall not be nec
essary for said commission or any party aggrieved by said action
to execute, serve, or file any undertaking in order to obtain such
writ of error.
Court fees.
Sec. 84. No fees shall be charged by the clerk of any court
for the performance of any official service required by this act, ex
cept for the docketing of judgments and for certified copies of
transcripts thereof. On proceedings to review any finding, order,
or award costs as between the parties shall be allowed or not
Costs.
in the discretion of the court, but no costs shall be taxed against
said commission. In any action for the review of any finding,
order, or award, and upon any review thereof by the supreme
court it shall be the duty of the district attorney of the county
wherein said action is pending, or of the attorney general, if re
quested by the commission, to appear on behalf of the commission,
H o w c o m m i s - whether any other party defendant should have appeared or be
sion represent- represented in the action or not. Unless previously authorized
by the commission no lien shall be allowed, nor any contract be
enforceable for any contingent attorneys’ fees for the enforce
ment or collection of any claim for compensation, where such con
tingent fee, inclusive of all attorneys’ fees paid, or agreed to be
paid, for the enforcement or collection of such claim, exceed fif
teen per cent of the amount at which claim shall be compromised
or of the amount awarded, adjudged, or collected.
Violations.
Sec. 85. If any employer or employee, as defined in this act,
or any other person shall violate any provisions of this act, or
shall do any act prohibited thereby, or shall fail or refuse to per
form any duty lawfully enjoined, within the time prescribed by
the commission, for which no penalty has been specifically pro
vided, or shall fail, neglect, or refuse to obey any lawful order
made by the commission, or any judgment or decree made by any
court as provided by this act, for each such violation, failure, or
refusal such employer, employee, or other person shall be punished
COMPENSATION LEGISLATION, 1914, 1915--- COLORADO.
97
by a fine of not more than one hundred dollars for each such
offense.
Sec. 86. Every day during which any employer or officer or EaCh day a
agent thereof or any employee shall fail to comply with any la w - s e p a r a t e offul order o f the commission or shall fail to perform any duty im -fenseposed by this act shall constitute a separate and distinct viola
tion thereof: Provided, however, That in any action which may be
brought to enforce the same, or to enforce any penalty provided
for in this act, such violations shall be considered cumulative and
may be joined in such action.
S e c . 87. All penalties provided for in this act shall be colCollection o f
lected in a civil action brought against the employer or employee, penalties,
as the case may be, in the name of the commission, and all such
penalties when collected shall be applicable to the expense of
the commission.
S e c . 88 . Upon the request of the commission, the attorney gen- Enforcem ent,
eral, or, under his direction, the district attorney of any district
or county, shall institute and prosecute the necessary actions or
proceedings for the enforcement of any of the provisions of this
act, or for the recovery of any money due the State compensa
tion insurance fund, or any penalty herein provided for, arising
within the district or county in which he was elected, and shall
defend in like manner all suits, actions, or proceedings brought
against the commission in his official capacity.
S e c . 89. If for the purpose of obtaining any order, benefit,
F alse stateaward, or compensation or payment under the provisions of this ments.
act, either for himself or for any other person, anyone willfully
makes a false statement or representation, he shall be guilty of
perjury and punished accordingly, and he shall forfeit all right to
compensation under this act upon conviction of such offense.
S ec . 90. For the purpose of carrying out the provisions of this
Appropriaact there is hereby appropriated, out of any money in the State tions.
treasury not otherwise appropriated for the ordinary expenses
of the departments of the State, the sum of twenty thousand
dollars ($20,000), or so much thereof as may be necessary for
the payment of any premiums that may become due the State com
pensation insurance fund in compliance with section forty-four
of this act; and the State auditor is hereby authorized and
directed to draw his warrants on said fund upon certified vouchers
of €he commission approved by the governor.
S e c . 91. All acts or parts of *acts in conflict with the provisions
Repeals,
of this act are hereby repealed: Provided, That no right action
now existing shall be affected by such repeal, and nothing con
tained in this act shall be construed to affect the authority of
the State board of health relative to the public health.
S e c . 92. If any part, section, subsection, sentence, clause, or
P rov ision s
phrase of this act is for any reason held to be unconstitutional, severable,
such decision shall not affect the validity of the remaining por
tions of this act. The general assembly hereby declares that it
would have passed this act and each part, section, subsection, sen
tence, clause, or phrase irrespective of the fact that any one or
more other parts, section, subsection, sentences, clauses, or phrases
be declared unconstitutional.
S e c . 93. It is hereby declared that this act is necessary for the
Emergency.
immediate preservation of the public peace, health, and safety.
S e c . 94. In the opinion of the general assembly an emergency
A c t in effect.
exists; therefore this act shall take effect and be in force imme
diately after its passage.
Approved April 10, 1915.
Chapter 180.—Industrial commission.
S e c t i o n 5. There is hereby created a board which shall be
C om m ission
known as the “ Industrial Commission o f Colorado.” Within seated,
thirty days after the passage o f this act the governor, by and
7044°—-Bull. 185—15----- 7
BU LLETIN OP TH E BUREAU OP LABOR STATISTICS.
with the consent of the senate, shall appoint one member whose
term of office shall expire March 1, 1917; a second member whose
term of office shall expire March 1, 1919; and a third member
whose term of office shall expire March 1, 1921. Upon the
expiration of each appointment the governor shall appoint mem
bers of the commission, by and with the advice and consent of the
senate, for terms of six years each. Vacancies shall be filled in
the same manner for unexpired terms. Not more than two of the
commissioners shall be members of the same political party. Not
more than one of the appointees to such commission shall be a
person who, on account of his previous vocation, employment, or
affiliations, can be classed as a representative of employers, and
not more than one of such appointees shall be a person who, on
account of his previous vocation, employment, or affiliations, can
be classed as a representative of employees.
Bach member of the commission, before entering upon the
duties of his office, shall take the oath prescribed by the constitu
tion, and shall give good and sufficient bond running to the
people of the State of Colorado, in the penal sum of ten thousand
dollars, conditioned that he shall faithfully discharge the duties
of his office and shall account for and pay over to the person
entitled thereto such moneys as shall come into his possession;
said bond shall be signed by a surety company duly authorized
to do business in this State or by two or more individuals as
surety or sureties and shall be subject to approval by the governor
and shall then be filed with the secretary of state. If surety
company bonds shall be furnished, the premium therefor shall be
paid by the State as other expenses of the commission are paid.
In case of a vacancy the remaining two members of the commis
sion shall exercise all the powers and authority of the commission
until such vacancy is filled. Each member of the commission
shall receive an annual salary of not to exceed four thousand
dollars and actual expenses necessarily incurred in the per
formance of his duties, which shall be in full for all services per
formed. The commissioners shall devote their entire time to the
duties of their office.
A majority of said commissioners shall constitute a quorum
to transact business and for the exercise of any of the powers
or authority conferred by this act
Approved April 12, 1915.
CONNECTICUT.
ACTS OF 1913.
Chapter 138.—Compensation of workmen for injuries.
[This act was extensively amended by chapter 288, Acts of 1915,
the amendments applying chiefly to part B of the act The amend
ments are so numerous as to make it desirable to reprint part B
entirely. Part A being brief and closely related to part B is also
reproduced. Part C, “ Employers’ mutual insurance,” is un
changed and may be found in Bulletin No. 126, pp. 223, 224. New
sections 15 and 16 are added, numbered under part C, but not
related to the subject matter of that part; they appear at the
end of the text of part B below.]
P art A —E mployers’ L iability .
Section 1. In an action to recover damages for personal injury D e f e n s e s
sustained by an employee arising out of and in the course of his abolished,
employment, or for death resulting from injury so sustained, it
shall not be a defense: (a) That the injured employee was negli
gent; (b) that the injury was caused by the negligence of a
fellow employee; (c) that the injured employee had assumed the
risk of injury.
Sec. 2. The provisions of section one of part A of this act shall when abro
not apply to actions to recover damages for personal injuries sus- gation does not
tained by employees of any employer having regularly less thanapply*
five employees, by casual employees, or by outworkers; nor shall
the same provisions apply to actions against any employer who
shall have accepted part B of this act in the manner hereinafter
prescribed.
P art B— W obkmen’ s Compensation.
Section 1. When any persons in the mutual relation of employer Election o f
and employee shall have accepted part B of this act, the employer compensation,
shall not be liable to any action for damages on account of per
sonal injury sustained by an employee arising out of and in the
course of his employment or on account of death resulting from
injury so sustained; but the employer shall pay compensation on
account of such injury in accordance with the scale hereinafter
provided, except that no compensation shall be paid when the in
jury shall have been caused by the willful and serious misconduct
of the injured employee or by his intoxication. The acceptance
of part B of this act by employers and employees shall be under
stood to include the mutual renunciation and waiver of all rights
and claims arising out of injuries sustained in the course of em
ployment as aforesaid, other than rights and claims given by
part B of this act, including the right of jury trial on all questions
affecting compensation and all right of appeal from the compen
sation commissioners except as hereinafter established.
Sec. 2 (as amended by chapter 288, Acts of 1915). All contracts Election preof employment between an employer and an employee, as suchsumed.
terms are defined in section forty-three of part B, except those
made between an employer having regularly less than five em
ployees and any such employee, whether made before this act
goes into effect and continued in force after such time or made
thereafter, shall be conclusively presumed to include a mutual
agreement between employer and employee to accept part B of
100
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
said act and become bound thereby, unless either employer or
employee shall, by written stipulation in the contract, or by such
notice as is prescribed in section three of said part B, indicate
his refusal to accept the provisions of said part B. No provision
Employers of °* sa*d part B shall apply to any employer having regularly less
less than five than five employees unless such employer shall, in the manner
employees.
hereinafter provided, accept the provisions of part B and become
bound thereby. All contracts of employment between an employer
having regularly less than five employees and any such employee,
whether made before this act goes into effect and continued in
force after such time or made thereafter, shall be conclusively
presumed to include the following mutual agreements between
employer and employee: (1) That the employer may accept the
provisions of part B and become bound thereby by giving written
or printed notice of his acceptance to the employee and to the com
pensation commissioner of the district in which the employee is
employed: Provided, Such acceptance shall not be effective unless
it is accompanied by a certificate of a stock or mutual insurance
company or association authorized to take such risks in this State,
that the employer has insured his full liability under part B, and
that the policy of insurance is in accordance with the requirements
of part B ; (2) that if the employer accepts the provisions of
part B the employee shall thereupon be deemed to accept such pro
visions and shall become bound thereby; (3) that the employee
may at any time withdraw his acceptance of such provisions and
become released therefrom by giving written or printed notice of
such withdrawal to the commissioner having jurisdiction, and also
to the employer, and such withdrawal shall take effect forthwith
from the time of its service on the commissioner and the em
ployer; and (4) that the employer may withdraw his acceptance
and the acceptance of the employee by filing a written or printed
notice of his withdrawal with such commissioner and with such
employee, which withdrawal shall become effective forthwith from
the time of its service on the commissioner and the employee.
The notices of acceptance and withdrawal to be given by an
employer having regularly less than five employees and the notice
of withdrawal to be given by the employee, as herein provided,
shall be served upon such commissioner, employer, or employee
either by personal presentation or by registered mail; and notices
in behalf of a minor shall be given by his parent or guardian, or
if there be no parent or guardian by such minor. The manner of
of^cehntance acceptance of or withdrawal from the provisions of part B shall
ep ee. not apply to empi0yers having regularly less than five employees
or to such employees.
Sec. 3. Acceptance of part B of this act may be withdrawn by
written or printed notice from either employer or employee to the
other party and to the compensation commissioner of the district
in which the employee is employed. Notice of withdrawal may
be served by personal presentation or by registered letter ad
dressed to the person on whom it is to be served at his last known
residence or place of business, and such notice shall become effec
tive thirty days after service. Either employer or employee who
Renewals,
has withdrawn acceptance may renew the same by the same
notice and procedure as is prescribed for withdrawals. Notices
in behalf of a minor shall be given by his parent or guardian, or,
if there be no parent or guardian, then by such minor.
eieetailure t0 ®EC* Every employer not accepting part B of this act shall be
liable to action for damages on account of personal injury to his
employees in accordance with the provisions of part A of this act,
and every employee not accepting part B of this act shall lose all
rights and benefits of part A of this act with reference to any employer who continues to accept said part B.
and °s*u tfc on - ®EC*
When any principal employer procures any work to be
tractors.
" done, wholly or in part for him, by a contractor, or through him
by a subcontractor, and the work so procured to be done is a
part of process in the trade or business of such principal em
ployer, and is performed in, on, or about premises under his con
COMPENSATION LEGISLATION, 1914, 1915— CONNECTICUT.
101
tiol, then such principal employer shall be liable to pay all com
pensation under this act to the same extent as if the work were
done without the intervention of such contractor or subcontractor.
Sec. 6 (as amended by chapter 288, Acts of 1915). When any
injury for which compensation is payable under the provisions of
this act shall have been sustained under circumstances creating Liability of
in some other person than the employer a legal liability to p a y third persons,
damages in respect thereto, the injured employee may claim com
pensation under the provisions of this act, but the payment or
award of compensation shall not affect the claim or right of action
of such injured employee against such other person, whether in
jured prior or subsequent to the time this act goes into effect, but
such injured employee may proceed at law against such person
to recover damages for such injury; and any employer having
paid, or by award having become obligated to pay, compensation
under the provisions of this act may bring an action against such
other person to recover any amount that he has paid or by award
has become obligated to pay as compensation to such injured em
ployee : Provided, If either such employee or such employer shall
bring such action against such third person he shall forthwith
notify the other, in writing, by personal presentation or by regis
tered mail, of such fact and of the name of the court to which
the writ is returnable, and such other may join as a party plain
tiff in such action within thirty days after such notification, and
if such other fails to join as a party plaintiff, his right of action
against such third person shall abate. In the event that such
employer and employee shall join as parties plaintiff in such
action and any damages are recovered, such damages shall be so
apportioned that the claim of the employer shall take precedence
over that of the injured employee, and if the damages shall not be
sufficient, or shall be only sufficient to reimburse him for the com
pensation which he has paid, or by award has become obligated
to pay, with a reasonable allowance for an attorney’s fee, to be
fixed by tho court, and his costs, such damages shall be assessed
in his favor; but if the damages shall be more than sufficient to
reimburse him, damages shall be assessed in his favor sufficient to
reimburse him for the money he has paid, with a reasonable allow
ance for an attorney’s fee, to be fixed by the court, and his costs,
and the excess shall be assessed in favor of the injured employee.
The provisions of this section shall apply to any action brought by
such injured employee or employer to recover damages against
such third person which may be pending at the time of the pas
sage of this act.
S e c . 7 (as amended by chapter 2 8 8 , Acts of 1 9 1 5 ). Any employee
Notice of inwho has sustained an injury in the course of his employment t o
shall forthwith notify his employer, or some person representing
him, of such injury; and on his failure to give such notice the
commissioner may reduce the award of compensation propor
tionately to any prejudice which he shall find the employer has
sustained by reason of such failure; but the burden of proof with
respect to such prejudice shall rest upon the employer. The em
ployer, as soon as he has knowledge of any such injury, shall pro
vide a competent physician or surgeon to attend the injured em
ployee, and in addition shall furnish such medical and surgical
aid or hospital service as such physician or surgeon shall deem
reasonable or necessary. In the event of the failure of the em
ployer promptly to provide such physician or surgeon or medical,
surgical, or hospital service, the injured employee may provide
such physician or surgeon or medical, surgical, or hospital service Medical and
at the expense of the employer; or at his option the injured em- surgical care,
ployee may refuse the medical, surgical, and hospital service pro
vided by his employer and provide the same at his own expense.
If it shall appear to the commissioner that an injured employee
has refused to accept or failed to provide such reasonable medical,
surgical, or hospital service, all rights of compensation under the
provisions of this act shall be suspended during such refusal or
failure. The pecuniary liability of the employer for the medical,
102
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
surgical, or hospital service herein required shall be limited to
such charges as prevail in the same community for similar treat
ment of injured persons of a like standard of living when such
treatment is paid for by the injured persons. In the case of a
Seamen.
seaman employed upon any enrolled vessel of the United States
and entitled by the provisions of any law of the United States to
medical or surgical aid or hospital service without charge, such
medical or surgical aid or hospital service may be substituted for
that provided for in this section so far as it may answer the re
quirements of the provisions of this section, but nothing herein shall
excuse the employer in such cases from giving emergency treat
ment when required; and any employer desiring to take advantage
of this provision shall ascertain that such services as are provided
w
^
for by the laws of the United States are rendered.
time
g Sec. 8 (as amended by chapter 288, Acts of 1915). No com
pensation shall be payable under the provisions of this act on ac
count of any injury which does not incapacitate the injured em
ployee for a period of more than ten days from earning full wages
at his regular employment; but if incapacity extends beyond a
period of ten days compensation shall begin on the eleventh day
of such incapacity.
tion°£?rPdeath Sec* 9 (as amended by chapter 288, Acts of 1915). Compensation
’ shall be paid on account of death resulting from injuries within
two years from date of injury as follows: (a) For burial expenses,
one hundred dollars; (b) to those wholly dependent upon the de
ceased employee at the time of his injury, a weekly compensation
equal to half of the average weekly earnings of the deceased at
the time of his injury; (c) in case there is no one wholly de
pendent upon the deceased employee, to those partially dependent
upon the deceased employee at the time of his injury a weekly
compensation not exceeding that payable to those wholly de
pendent and in such proportionate sum as may be determined ac
cording to the measure of dependence; but the compensation pay
able on account of death resulting from injuries shall in no case
be more than ten dollars or less than five dollars weekly, and such
compensation shall not continue longer than three hundred and
twelve weeks after death. The compensation on account of death
payable under the provisions of this act to a widow or widower
of a deceased employee shall not cease with the death of such
widow or widower, but upon her or his death within the period
during which such compensation is payable it shall continue to
be paid for the remainder of such period to her or his dependents
as defined in section forty-three.
Dependents.
Sec. 10 (as amended by chapter 288, Acts of 1915). The follow
ing persons shall be conclusively presumed to be wholly dependent
for support upon a deceased employee: (a) A wife upon a hus
band with whom she lives at the time of his injury or from whom
she receives support regularly; (b) a husband upon a wife with
whom he lives at* the time of her injury or from whom he receives
support regularly; (c) any child under the age of eighteen years,
or over said age but physically or mentally incapacitated from
earning, upon the parent with whom he is living or from whom he
is receiving support regularly at the time of the injury of such
parent, there being no surviving dependent parent. In case there
is more than one child thus dependent, the death benefit shall be
divided equally among them. In all other cases questions of de
pendency shall be determined in accordance with the fact, as the
fact may be at the time of the injury. In such other cases, if
there is more than one person wholly dependent, the compensation
in case of death shall be divided equally among them, and persons
partially dependent, if any, shall receive no part thereof. If there
is no person wholly dependent and more than one person partially
dependent, the compensation in case of death shall be divided
among them according to the relative degree of their dependence.
For the purposes of this act the dependence of a widow or widower
of a deceased employee shall be construed to terminate with re
marriage, but upon remarriage within the period during which
COMPENSATION LEGISLATION, 1914, 1915— CONNECTICUT.
103
such compensation is payable it shall continue to be paid for the
remainder of such period to other dependents of the deceased
employee, as defined in section forty-three of part B, provided
there are any such dependents. The presumptive dependence of a
child as hereinbefore defined, except a child physically or mentally
incapacitated from earning, shall be construed to terminate at
the age of eighteen years. Compensation under the provisions of
this act shall be paid to alien dependents in half the amounts
indicated in this act, unless such alien dependents are residents of
the United States or its dependencies or Canada, such alienage to
be determined as of the date of the injury.
Sec. 11 (as amended by chapter 288, Acts of 1915). In case the Total disainjury results in total incapacity to work, there shall be paid to bility.
the injured employee a weekly compensation equal to half of his
average weekly earnings at the time of the injury, but the com
pensation shall in no case be more than ten dollars or less than
five dollars weekly, and such compensation shall not continue
longer than the period of total incapacity, or, in any event, longer
than five hundred and twenty weeks. The following injuries of
any person shall be considered as causing total incapacity, and
compensation shall be paid accordingly: (a) Total and permanent
loss of sight in both eyes, or the reduction to one-tenth or less of
normal vision with glasses; (b) the loss of both feet at or above
the ankle; (c) the loss of both hands at or above the wrist; (d)
the loss of one foot at or above the ankle and one hand at or above
the wrist; (e) any injury resulting in permanent and complete
paralysis of the legs or arms or of one leg and one arm; (f) any
injury resulting in incurable imbecility or insanity.
Sec. 12 (as amended by chapter 288, Acts of 1915). In case the Partial disainjury results in partial incapacity, there shall be paid to thebUity*
injured employee a weekly compensation equal to half the differ
ence between his average weekly earnings before the injury and
the amount he is able to earn thereafter. Such compensation
shall in no case be more than ten dollars weekly and shall con
tinue during the period of partial incapacity, but not longer than
three hundred and twelve weeks. If the employer procures for an
injured employee employment suitable to his capacity, the wages
offered in such employment shall be taken as the earning capacity
of the injured employee. In case of the following injuries the
compensation, in lieu of all other payments, shall be half of
the average weekly earnings of the injured employee prior to such
injury for the terms respectively indicated, but in no case more
than ten dollars or less than five dollars weekly: (a) For the loss
of one arm at or above the elbow, or the complete and permanent
loss of the. use of one arm, two hundred and eight weeks; (b)
for the loss of one hand at or above the wrist, or the complete
and permanent loss of the use of one hand, one hundred and fiftysix weeks; (c) for the loss of one leg at or above the knee, or
the complete and permanent loss of the use of one leg, one hundred
and eighty-two weeks; (d) for the loss of one foot at or above
the ankle, or the complete and permanent loss of the use of one
foot, one hundred and thirty weeks; (e) for the complete and
permanent loss of hearing in both ears, one hundred and fifty-six
weeks; (f) for the complete and permanent loss of hearing in one
ear, fifty-two weeks; (g) for the complete and permanent loss of
sight in one eye, or the reduction in one eye to one-tenth or less
of normal vision with glasses, one hundred and four weeks; (h)
for the loss of or the complete and permanent loss of the use of
a thumb, thirty-eight weeks; (i) for the loss of or the complete
and permanent loss of the use of a first finger or a great toe,
thirty-eight weeks; (j) for the loss of or the complete and perma
nent ioss of the use o f a second finger, thirty weeks; a third
finger, twenty-five weeks; a fourth finger, twenty weeks; (k) for
the loss of or the loss of the use of any toe except the great toe,
thirteen weeks; the loss of or the loss of the use of one phalanx
of a thumb shall be construed as half of the loss of the thumb;
the loss of or the loss of the use of one phalanx of a finger shall
104
BULLETIN OP TH E BUREAU OP LABOR STATISTICS.
be construed as one-third of the loss of the finger; for the loss of
or the loss of the use of two phalanges of a finger shall be con
strued as two-thirds of the loss of the finger; and the loss of the
greater part of a phalanx shall be construed as the loss of the
phalanx, and shall be compensated accordingly,
ofCS L lon Sec*
For the purposes of this act the average weekly wage
shall be ascertained by dividing the total wages received by the
injured workman from the employer in whose service he is in
jured during the twenty-six calendar weeks immediately preced
ing that during which he was injured by the number of said cal
endar weeks during which, or any portion of which, said work
man was actually employed by said employer: Provided, In mak
ing such computation absence for seven consecutive calendar days,
although not in the same calendar week, shall be considered as
absence for a calendar week. Where the employment commenced
other than at the beginning of a calendar week, such calendar
week and the wages earned during such week shall be excluded
in making the above conputation. Where the employment previous
to injury as provided above is computed to be less than a net period
of two calendar weeks, then his weekly wage shall be considered
to be equivalent to the average weekly wage prevailing in the same
or similar employment in the same locality at the time of injury.
Advance pay- Sec. 14. In fixing the amount of compensation under this act
ments.
due allowance shall be made for any sum which the employer may
have paid to any injured employee or to his dependents on account
of the injury, except such sums as the employer may have ex
pended or directed to be expended for medical, surgical, or hos
pital service.
Review.
Sec. 15 (as amended by chapter 288, Acts of 1915). Any award
of or voluntary agreement concerning compensation made under
this act shall be subject to modification, upon the request of either
party and in accordance with the procedure for original determi
nations, whenever it shall appear to the compensation commis
sioner that the incapacity of an injured employee has increased,
decreased, or ceased, or that the measure of dependence, on ac
count of which the compensation is paid, has changed, or that
changed conditions of fact have arisen which necessitate a change
of such agreement or award in order to properly carry out the
spirit of this act The commissioner shall also have the same
power to open and modify an award as any court of the State has
to open and modify a judgment of such court.
Compensa- Sec. 16. Within ninety days after the passage of this act the
8ionersC°mmiS- governor shall appoint five competent persons, one for each of the
five congressional districts as at present constituted, to be known
as compensation commissioners, and shall designate one of them
as chairman. The term of office of the compensation commis
sioners shall be five years, except that when first appointed one
shall be appointed for one year and three months from October 1,
1913, one for two years and three months from said date, one for
three years and three months from said date, one for four years
and three months from said date, and one for five years and three
months from said date. Thereafter, upon the expiration of the
term for which a commissioner is first appointed, his successor
shall be appointed by the governor for the full term of five
calendar years. After due notice and public hearing the governor
may remove any commissioner for cause and the good of the
public service. Said commissioners shall be sworn to a faithful
performance of their duties. Vacancies occurring during a term
shall be filled by the governor.
Powers.
Sec. 17 (as amended by chapter 288, Acts of 1915). Each com
missioner shall, for the purposes of this act, have power to sum
mon and examine under oath such witnesses, and may direct the
production of, and examine or cause to be produced or examined,
such books, records, vouchers, memoranda, documents, letters,
contracts, or other papers in relation to any matter at issue as he
may find proper, and shall have the same powers in reference
thereto as are vested in magistrates taking depositions. He shall
COMPENSATION LEGISLATION,
1914, 1915— CONNECTICUT.
105
have power to certify to official acts, and all powers necessary to
enable him to perform the duties imposed upon him by the pro
visions of this act. The commissioners shall reside in the districts Residence,
for which they are severally appointed, and each shall have juris
diction of all claims and questions arising in such district under
part B of this act. The commissioner for the first congressional
district shall maintain an office at some convenient location in the
city of Hartford; the commissioner for the second district, an
office similarly located in the city of Norwich; the commissioner
for the third district, in the city of New Haven; the commissioner
for the fourth district, in the city of Bridgeport; and the com
missioner for the fifth district, in the city of Waterbury. Each
commissioner shall keep his office open during reasonable business
hours of every day except Sundays and legal holidays, but may
hear and decide cases at any other place within his district. In
case a commissioner is disqualified or temporarily incapacitated
from hearing any matter, he shall designate some other commis
sioner to hear and decide such matter and such other commis
sioner shall possess the same jurisdiction and power, for the pur
pose of such hearing, as such incapacitated or disqualified com
missioner. The superior court, on application of a commissioner
or the commission, or of the attorney general, may enforce, by o£ orders61*1
appropriate decree or process, any provision of this act or any
proper order of a commissioner or the commission rendered in
pursuance of any such provision.
Sec. 18. Acting together, the commissioners shall have power Rules, etc.
to adopt and'change such common rules, procedure, and forms as
they shall deem expedient for the purposes of this act. Annually
the commissioners shall prepare and submit to the governor a
report of their doings, including such recommendations as they Reports,
shall think proper for the improvement of this act or its adminis
tration.
Sec. 19 (as amended by chapter 288, Acts of 1915). Each of the salaries and
commissioners shall receive a salary of four thousand dollars per expenses,
annum, payable in equal monthly installments, and, in addition,
such allowance, not exceeding three thousand dollars per annum,
as may be approved by the comptroller for expenses incurred in the
discharge of his duties, and said provision for expenses of com
missioners shall also apply to expenses heretofore incurred by
said commissioners as to the amount thereof incurred in any year.
S e c . 2 0 (as amended by chapter 288, Acts of 1 9 1 5 ). Every emR eports o f
ployer who has accepted part B of this act shall keep a record of accidents,
such injuries sustained by his employees in the course of their
employment as result in incapacity for one day or more; and
every such employer shall send each week to the commissioner
such report of such injuries, in duplicate, as the commissioner
shall require, with such notices of claims for compensation as have
been served upon him within one week, in conformity with the
provisions of section twenty-one. Within one week after the ter
mination of disability or death of any injured person to whom
compensation has been paid under the provisions of this act, the
employer shall make a supplementary report, in duplicate, to the
commissioner in regard to the length of disability, the amount of
compensation paid, and such other facts relative to the same as
may be required by the compensation commissioners to make a
complete report upon the operations and economic effects of this
act. The duplicates of such reports shall be transmitted by the
commissioner to the factory inspector. All forms for reports
required under the provisions of this section shall be furnished to
employers by the commissioner without charge. No other reports
of. injuries or compensation shall be required by any department
or office of the State from such employers as have accepted part B.
Sec. 21 (as amended by chapter 288, Acts of 1915). No proceed*
ings for compensation under the provisions of this act shall be
maintained unless a written notice of claim for compensation is
made within one year from the date of the injury. Such ifotice
shall state in simple language the date, place^ and nature of the
106
BULLETIN OP TH E BUKEAU OP LABOB STATISTICS.
injury, the name and address of the injured employee, and the
person in whose interest compensation is claimed. Notices may
bf served in the same manner as notices of withdrawal from the
provisions of part B of this act, and, in cases of fatal injuries,
notice may be served either by any one of the dependents under
the provisions of this act, as provided in section three thereof, or
by the legal representative of the deceased employee; but where
there has been a hearing or a written request for a hearing or an
assignment for hearing within one year from the date of the in
jury, or where a voluntary agreement has been submitted within
said period of one year, no want of such notice of claim shall be
a bar to the maintenance of proceedings, and in no case shall any
defect or inaccuracy of such notice of claim be a bar to the mainte
nance of proceedings unless the employer shall show that he was
ignorant of the injury and was prejudiced thereby. Upon satis
factory showing of such ignorance and prejudice, the employer
shall receive allowance to the extent of such prejudice. Within
one week after the receipt by an employer of such notice of claim
for compensation he shall report the substantial facts of such
notice to the commissioner,
agreements?ry Sec* 22 (as amended by chapter 288, Acts of 1915). If an ems
ployer and an injured employee, or in case of fatal injury his
legal representative, shall, not earlier than two weeks after the
date of the injury, reach an agreement in regard to compensation,
such agreement shall, by the employer, be submitted in writing
to the commissioner, with a statement of the time, place, and
nature of the injury upon which it is based; and if said commis
sioner shall find such agreement to conform to the provisions of
this act in every regard he shall so approve it. Every agreement
thus approved shall be filed in the office of the clerk of the
superior court for the county in which the injury occurred if such
injury occurred within this State; otherwise in the office of the
clerk of the superior court for the county in which the office of
the commissioner making the award is located. A copy of such
agreement shall be retained by the commissioner, and a like copy
delivered to each of the parties, and thereafter it shall be as bind
ing upon both parties as an award by the commissioner.
ex' Seo. 23. At any time while claiming or receiving compensation,
animations.
Up0n the reasonable request of the employer or at the direction
of the commissioner, an injured employee shall submit himself to
examination by a reputable practicing physician or surgeon pro
vided and paid by the employer, with a view to a determination
of the nature of the injury and the incapacity resultant therefrom.
At any such examination the injured employee shall be allowed
to secure the attendance of any reputable practicing physician or
surgeon provided and paid by himself. The refusal of an injured
employee thus to submit himself to a reasonable examination shall
suspend his right to compensation during such refusal.
Hearings.
gE0 24. If an employer and his injured employee, or his legal
representative, as the case may be, shall fail to reach an agree
ment in regard to compensation under this act, either party may
notify the commissioner of the failure. Upon such notice, or upon
other knowledge that an agreement has not been reached in a case
in which compensation is claimed, the commissioner shall appoint
an early hearing upon the matter, giving both parties due notice
of time and place not less than ten days prior to the date ap
pointed. Hearings shall be held, if practicable, in the town in
the State in which the injured employee resides; and, if such
place is not practicable, in such other convenient place as the com
missioner may prescribe. Sufficient notice of such hearing may be
given to the parties in interest by a brief written statement in
ordinary terms of the date, place, and nature of the injury upon
which the claim for compensation is based.
Conduct of Sec. 25 (as amended by chapter 288, Acts of 1915). Both parties
hearings.
may appear at any hearing, either in person or by attorney or
other accredited representative, and no formal pleadings shall be
required beyond such informal notices as the commission shall
COMPENSATION LEGISLATION, 1914, 1915— CONNECTICUT.
107
approve. In all cases and hearings under the provisions of this
act the commissioner shall proceed, so far as possible, in ac
cordance with the rules of equity. He shall not be bound by the
ordinary common-law or statutory rules of evidence or procedure,
but may make inquiry in such manner, through oral testimony or
written and printed records, as is best calculated to ascertain the
substantial rights of the parties and carry out justly the spirit
of this act No fees shall be taxed or charged to either party by
the commissioner in connection with any hearing or other pro
cedure, but the commissioner shall furnish at cost certified copies
of any testimony, award, or other matter which may be of record
in his office. Witnesses subpoenaed by the commissioner shall be
allowed such fees and traveling expenses as are allowed in civil
actions, to be paid by the party in whose interest such witnesses
are subpoenaed.
Sec. 26 (as amended by chapter 288, Acts of 1915). As soon as Awards,
may be after the conclusion of any hearing the commissioner shall
send to each party a written copy of his finding and award, and
shall file a third copy in his office. The original award shall be
filed in the office of the clerk of the superior court for the county
in which the injury occurred, if such injury occurred within this
State. If such injury occurred outside of the State and under
such circumstances as to authorize an award under the provisions
hereof, the original award may be filed in the office of the clerk of
the superior court in the county in which the office of the com
missioner making the award is located. If no appeal from his
decision is taken by either party within ten days thereafter, such
finding and award shall be final and may be enforced in the same
manner as a judgment of the superior court. The superior court
is hereby authorized to issue execution upon any uncontested or
final award of a commissioner in the same manner as in cases of
judgments rendered in the superior court.
Sec. 27 (as amended by chapter 288, Acts of 1915). At any time Appeals,
within ten days after entry of such finding and award by the
commissioner either party may appeal therefrom to the superior
court for the county in which the award was filed. The clerk of
said court shall notify the adverse party of such appeal. No bond
for prosecution shall be required on any such appeal unless prop
erty of the defendant is attached therein. Actions brought into
the superior court under the provisions of this section shall be
privileged in respect to their assignment for trial over all other
actions except writs of habeas corpus and actions brought by or
on behalf of the State, including information on the relation of
private individuals. No costs shall be taxed in favor of either
party on any such appeal, either in the superior court or in the
supreme court of errors, nor shall either party be liable to pay
any fees or costs of any kind whatsoever except the record fee
on appeal to the supreme court of errors.
Sec. 28 (as amended by chapter 288, Acts of 1915). When he Lump sums,
finds it just or necessary, the commissioner may approve or direct
the commutation, in whole or in part, of weekly compensations
under the provisions of this act into monthly or quarterly pay
ments or into a single lump sum, which may be paid to the one
then entitled to the compensation, and such commutation shall be
binding upon all persons who may be entitled to compensation for
the injury in question. In any such case of commutation a true
equivalence of value shall be maintained, with due discount of
sums payable in the future, and when commutation is made into
a single lump sum the commissioner may direct that it be paid into
any savings bank, trust company, or life insurance company which
is authorized to do business within this State, to be held in trust
for the beneficiary or beneficiaries under the provisions of this
act, and paid in conformity with the provisions of this act.
Sec. 29. With the approval of the State insurance commissioner, substitute
any employer subject to the provisions of part B may enter into schemes,
an agreement with his employees to provide a system of com-
108
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
pensation, benefit, and insurance in lieu of the compensation and
insurance provided by this act. No such substitute system shall
be approved unless it confers benefits upon injured employees at
least equivalent to the benefits provided by this act, nor shall any
such substitute system be approved which contains an obligation
of employees to join in it as a condition of employment, or which,
in that case, does not contain eqiiitable provision for the with
drawal of employees from it and the distribution of its assets. If
any such system requires contributions from employees, it shall
not be approved unless it confers benefits in addition to those
provided under this act at least commensurate with such contribu
tions. The insurance commissioner, having given his approval of
such substitute system, shall have over it all the jurisdiction given
him by chapter 186 of the Public Acts of 1909 over insurance com
panies. He may withdraw his approval upon reasonable notice
to the employer and order a distribution of the assets, subject to
the right of any party in interest to take an appeal to the superior
court for Hartford County.
Guaranty of Sec. 30. Every employer subject to part B who shall not furnish
payments.
j-0 the commissioner satisfactory proof of his solvency and financial
ability to pay directly to injured employees or other beneficiaries
the compensation provided by this act shall insure his full lia
bility under part B in one or both the following ways: (1) By
filing with the insurance commissioner, in form acceptable to him,
security guaranteeing the performance of the obligations of this
act by said employer, or ( 2) by insuring his full liability under
part B of this act in such stock or mutual companies or asso
ciations as are or may be authorized to take such risks in this
State, or by such combination of the above-mentioned two methods
as he may choose, subject to the approval of the insurance com
missioner.
P rovisions sEc. 31. Every policy insuring the payment of compensations
or policies.
unaer this act shall contain a clause to the effect that as between
the employee and the insurer notice and knowledge of the occur
rence of injury by the insured shall be deemed notice and knowl
edge by the insurer; that jurisdiction of the insured for the pur
poses of this act shall be jurisdiction of the insurer, and that the
insurer shall in all things be bound by and subject to the findings,
judgments, and awards rendered against such insured.
F u l l liabil- Sec. 32 (as amended by chapter 288, Acts of 1915). No policy of
it;yinsurance against liability under part B of this act, except as
provided in section thirty, shall be made unless the same shall
cover the entire liability of the employer thereunder, and shall
contain an agreement by the insurer that, in case the insured shall
become insolvent or be discharged in bankruptcy during the period
Direct pay-that the policy is in operation, or the compensation, or any part
ments.
0f it, is due and unpaid, or in case an execution upon a judgment
for compensation is returned unsatisfied, an injured employee or
other person entitled to compensation under the provisions of this
act may enforce his claim to compensation against the insurer to
the same extent that the insured could have enforced his claim
against such insurer had he paid compensation. Nothing herein
Smal l e m- contained shall prevent the issuance of an insurance policy insurpioyers.
ing any employer having ordinarily and regularly less than five
employees against such liability under part B of this act as he may
Incur by reason of employing five or more employees at irregular
intervals or from time to time.
Waivers for- Sec. 33. No contract, expressed or implied, no rule, regulation,
bidden.
or other device shall in any manner relieve any employer, in whole
or in part, o f any obligation created by this act, except as herein
set forth.
IncompegEc. 34 (as amended by chapter 288, Acts of 1915). When any
tents.
employee affected by the provisions of this act, or any person en
titled to compensation hereunder, shall be a minor or mentally
incompetent, his parent or guardian, duly appointed, may on his
behalf perform any act or duty required or exercise any right
conferred by the provisions of this act with the same effect as if
COMPENSATION LEGISLATION, 1914, 1915— CONNECTICUT.
109
such person were legally capable to act In his own behalf and had
so acted. The commissioner may, for just cause shown, authorize
or direct the payment of compensation directly to a minor or to
some person nominated by the minor and approved by the com
missioner, which person shall act in behalf of such minor.
Sec. 35. A ll fees o f attorneys, physicians, or other persons for
service under this act shall be subject to the approval o f the com
missioner.
Sec. 36. All sums due for compensation under this act shall be
Fees,
status
of
exempt from levy, attachment, and execution, and shall be n on -p ay m en ts,
assignable before or after award. The rights of compensation
granted by this act shall have the same preference against the
assets of an employer as may be allowed by law to a claim for
unpaid wages.
Sec. 37. Compensations payable under this act shall be paid at Mode of paysuch particular times in the week and in such manner as the ment.
commissioner may order, and shall be paid directly to the persons
entitled to receive them unless the commissioner, for good reasons,
shall order payment to those entitled to act for such persons.
Sec. 38. Any notice under this act required to be served upon serv ice of no
employer, employee, or commissioner may be served in the manner tice.
prescribed in section three of part B of this act, unless the cir
cumstances of the case or the rules of the commission shall direct
otherwise.
Sec. 39. The town clerks of the several towns are hereby author- Duty of town
ized and directed to receive from the commission such blank forms clerks,
as may be prepared for use under this act and ta distribute the
same to persons making proper application for them.
S ec . 4 0 . This act shall not affect the liability of employers to
in te rsta te
employees engaged in interstate or foreign commerce, for d e a t h commerce,
or injury in case the laws of the United States provide for com
pensation or for liability for such death or injury.
Sec* 41. The provisions of this act shall not apply to injuries or Prior injuactions brought on account of injuries sustained before January ries.
1, 1914.
Sec. 42 (as amended by chapter 288, Acts of 1915). If an em- Fa i l u r e to
ployer has accepted part B of this act and thereafter fails to con- observe act.
form to any provision of section thirty of part B, an employee shall
have the option to elect, either to claim his right to compensation
under the terms of this act, or to bring an action to recover
damages under the terms of part A. If the injury sustained re
sults in death, the option to elect shall be exercised by those per
sons entitled to compensation under the terms of section nine of
part B. In the event of a failure by such persons to agree upon
the election, the commissioner shall decide and his decision shall
be final. The option to elect to bring an action to recover damages
under the terms of part A shall be exercised by notifying the em
ployer within thirty days after receiving the injury upon which
such claim is based, and such action shall be brought within one
year from the date of such injury. If the employer is not so noti
fied, there shall remain only the right to compensation under the
terms of this act. If an employer has accepted part B of this act
and thereafter fails to conform to any provision of part B, he
shall be fined not more than one hundred dollars for each such
failure.
Sec. 43 (as amended by chapter 288, Acts of 1915). “ Commis- Definitions
sioner ” shall mean that compensation commissioner, as consti
tuted in this act who has jurisdiction in the matter referred to
in the context. “ Commission ” shall mean the five commissioners,
or a majority of them, acting as a board. “ Dependents ” shall
mean members of the injured employee’s family or next of kin
who were wholly or partly dependent upon the earnings of the
employee at the time of the injury. “ Employee ” shall mean any
person who has entered into or works under any contract of
service or apprenticeship with an employer, whether such contract
contemplated the performance of duties within or without the
State. It shall not be construed to include either (a) an out
110
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
P rovision s
severable.
worker, or (b) one whose employment is of a casual nature, and
who is employed otherwise than for the purposes of the employer’s
trade or business, or (c) a member of the employer’s family
dwelling in his house. “ Employer ” shall mean any person, corpo
ration, firm, partnership, or joint-stock association, the State, and
any public corporation within the State using the services of
another for pay; it shall include also the legal representative of
any such employer. Masculine terms include males, females, and
legal persons. “ Outworker ” shall mean a person to whom
articles or materials are given to be treated in any way on prem
ises not under the control or management of the person who gave
them out. As the natural interpretation of the context may re
quire, singular terms may be taken to include the plural, and
plural to include the singular.
S eo . 44 . In case any provision of this act shall be held by the
courts to be unconstitutional and invalid, the invalidity of such
provision shall not affect any other provision which can be given
effect without the provision held invalid.
G e n e r a l P r o v is io n s .
Volume of de- Section 15 (added by chapter 288, Acts of 1915). The compcisions.
troller is authorized and directed to cause a digest of the decisions
A ppro
tion.
of the compensation commissioners to be compiled, and to have
published twenty-five hundred copies thereof for distribution by
him as follows: To the commissioners, seven hundred copies; to
the State librarian, three hundred copies; and to the secretary of
the State for sale by him at cost, fifteen hundred copies.
priaS e c . 16 (added by chapter 288, Acts of 1915). The sum of two
thousand dollars, or so much thereof as may be necessary, is
hereby appropriated for the purpose of defraying the expenses
incurred in carrying out the provisions of [the preceding section].
ACTS OF 1915.
Chapter 287.—Workmen's compensation insurance.
Effect of in- S e c t io n 1. Whenever any employer of labor, as defined in chaptract166 con~ter 138 of the public acts of 1913 and amendments thereto, shall
insure his liability under said act as amended, with any company
authorized to transact a compensation insurance business in this
State, the contract of insurance between such employer of labor
and such insurer shall be a contract for the benefit of any em
ployee who shall sustain an injury arising out of and in the course
of his employment by such insured by reason of the business
operations described in the policy while conducted at any working
place therein described or elsewhere in connection therewith, or,
in the event of such injury resulting in death, for the benefit of
Contents o f the dependents of such employee. Every such policy shall contain
policy.
an agreement by the insurer to the effect that the insurer shall
be directly and primarily liable to the employee and, in the event
of his death, to his dependents, to pay to him or to them the com
pensation, if any, for which the employer is liable: Provided, Pay
ment, in whole or in part, of such compensation, by either the em
ployer or the insurer, shall to the extent thereof be a bar to the
recovery against the other of the amount so paid.
No t i c e o f
Sec. 2. When a claim for compensation by any such injured
hearings.
employee or the dependent o f an injured employee o f an em
ployer who has insured his liability as aforesaid shall not result
in a voluntary agreement, and a hearing before a compensation
commissioner shall be necessary to determine such claim, the in
surer shall receive the same notice o f such hearing as is by law
required to be given to the employer, and shall thereupon be a
party to the proceeding.
Awards.
S e c . 3. In any such hearing the commissioner having jurisdic
tion may make his award directly against such employer, insurer,
COMPENSATION LEGISLATION, 1914, 1915— CONNECTICUT.
I ll
or both, and such award shall be enforceable in all respects as
provided by law for enforcing awards against an employer, and
the proceedings on hearing, finding, award, appeal, and execution
shall be in all respects similar to that provided by law as between
employer and employee.
Sec. 4. As between any such injured employee or his dependent Scope and vaand the insurer, every such contract of insurance shall be con- lidity of con
clusively presumed to cover the entire liability of the insured, act*
and no question as to breach of warranty, coverage, or misrepre
sentation by the insured shall be raised by the insurer in any
proceeding before the compensation commissioner or on appeal
therefrom.
Seo. 5. No statement in an application for a policy of compensa- False statetion insurance shall vitiate such policy as between the insurer and ments.
the insured, unless such statement shall be false and shall ma
terially affect either the acceptance of the risk or the hazard
assumed by the insurer.
Seo. 6. No insurer shall issue any policy of insurance purport- Forms to be
ing to cover the liability of an employer under the provisions of approved,
chapter 133 of the Public Acts of 1913 and amendments thereto,
until a copy of the form of such policy shall have been filed with
and approved by the insurance commissioner.
Sec. 7. When any insured shall knowingly make a material mis- Damages for
statement to any insurer to the damage of such insurer, such in- misstatements,
surer may recover just damages resulting from such misstatement.
Sec. 8. The terms “ employer,” “ employee,” “ dependent,” and Definitions,
“ commissioner” as used herein shall be construed as defined in
chapter 138 of the Public Acts of 1913 as amended.
Approved May 20,1915.
HAWAII.
ACTS OF 1915.
A ct No. 221.- ^Compensation of workmen for injuries.
Section 1. This act shall apply to all public and all industrial
employment as hereinafter defined. If a workman receives per
sonal injury by accident arising out of and in the course of such
employment, his employer or the insurance carrier shall pay com
pensation in the amounts and to the person or persons hereinafter
specified.
Scope of law.
Sec. 2. This act shall apply to employees (other than officials as P u b l i c emhereinafter defined) o f the Territory and all counties and aUp ymentt*
other political subdivisions within the Territory now existing or
which may hereafter be created.
Sec. 3. No compensation shall be allowed for an injury caused
not
( 1) by the employee’s willful intention to injure himself or to
injure another, or (2) by his intoxication. If the employer claims
an exemption or forfeiture under this section the burden of proof
shall be upon him.
Sec. 4. The rights and remedies herein granted to an employee Remedy e x
on account o f a personal injury for which he is entitled to com- c us ve#
pensation under this act shall exclude all other rights and remedies
o f such employee, his personal representatives, dependents, or next
of kin, at common law or otherwise, on account o f such injury.
Employers who hire workmen within this Territory to work
outside of the Territory may agree with such workmen that the
remedies under this act shall be exclusive as regards injuries re
ceived outside this Territory by accident arising out of and in the
course of such employment, and all contracts of hiring in this
Territory sliall be presumed to include such an agreement.
Sec. 5. When any injury for which compensation is payable +hiLjfbility of
under this act shall have been sustained under circumstancestMrd persons,
creating in some other person than the employer a legal liability
to pay damages in respect thereto, the injured employee may, at
his option, either claim compensation under this act or obtain dam
ages from or proceed at law against such other person to recover
damages; and if compensation is claimed and awarded under this
act, any employer having paid the compensation or having become
liable therefor shall be subrogated to the rights of the injured
employee to recover against that person: Provided, If the employer
shall recover from such other person damages in excess of the
compensation already paid or awarded to be paid under this act,
then any such excess shall be paid to the injured employee, less
the employer’s expenses and costs of action.
Sec. 6. No contract, rule, regulation, or device whatsoever shall Contracting
operate to relieve the employer in whole or in part from any liability created by this act.
Sec. 7. If death results from the injury within six months, the^ £omp
employer or the insurance carrier shall pay to the persons entitled Jri e s causing
to compensation, or if there be none, then to the personal repre- death,
sentative of the deceased employee, burial expenses not to exceed
one hundred dollars ($100), and shall also pay to or for the fol
lowing persons for the following periods a weekly compensation
equal to the following percentages of the deceased employee’s
average weekly wages, as defined in section 15:
(a) To the dependent widow or widower, if there be no de
pendent children, 40 per cent.
(b) To the dependent widow or widower, if there be one or two
dependent children, 50 per cent, or if there be three or more de
pendent children, 60 per cent. Such compensation to the widow
113
7044°—Bull. 185—15----- 8
114
BULLETIN OP TH E BUREAU OP LABOR STATISTICS.
or widower shall be for the use and benefit of such widow or
widower and of the dependent children, and the industrial accident
board may from time to time apportion such compensation between
them in such way as it deems best.
(c) If there be no dependent widow or widower, but a depend
ent child or children, then to such child or children 30 per cent,,
with 10 per cent additional for each child in excess of two, with
a maximum o f 50 per cent, to be divided equally among such
children, if more than one.
(d) If there be neither dependent widow, widower, nor child,
but there be a dependent father or mother, them to such parent,
if wholly dependent, 40 per cent, or if partially dependent, 25
per cent; or if both parents be dependent, then one-half of the
foregoing compensation to each of them; or if there be no such
parents, but a dependent grandparent, then to every such grand
parent the same compensation as to a parent.
(e) If there be neither dependent widow, widower, child, parent,
'or grandparent, but there be a dependent grandjchild, brother, or
sister, or two or more of them, then to such dependents 25 per
cent for one such dependent and 5 per cent additional for each
additional such dependent, with a maximum of 40 per cent, to
be divided equally among such dependents, if mqre than one.
Dependents.
Sec. 8. The following persons, and they only,* shall be deemed
dependents and entitled to compensation under the provisions of
this act:
A child if under 16 years of age or incapable of self-support and
unmarried, whether ever actually dependent upon the deceased
or not;
The widow only if living with the deceased or actually depend
ent, wholly or partially, upon him;
The widower only if incapable of self-support and actually de
pendent, wholly or partially, upon the deceased at the time of her
injury;
A parent or grandparent only if actually dependent, wholly or
partially, upon the deceased;
A grandchild, brother, or sister only if under 16 years of age or
incapable of self-support and wholly dependent upon the deceased.
The relation of dependency must exist at the time of the injury.
An alien shall not be considered a dependent within the meaning
of this act unless actually residing within the United States, and
any alien dependent leaving the United States shall thereupon lose
all right to any benefit under this act.
Periods of Sec. 9. The compensation herein provided for shall be payable
compensation. <jnring the following periods:
To a widow, until death or remarriage* but in no case to exceed
three hundred and twelve weeks;
To a widower, during disability or until remarriage, but in no
case to exceed three hundred and twelve weeks;
To or for a child, until 16 years of age, but in the case of a
child incapable of self-support and unmarried as long as so inca
pable, but in no case to exceed one hundred and four weeks beyond
said age of 16 years;
To a parent or grandparent, during the continuation of a condi
tion of actual dependency, but in no case to exceed three hundred
and twelve weeks;
To or for a grandchild, brother, or sister, during dependency as
hereinbefore defined, but in no case to exceed three hundred and
twelve weeks.
Definitions.
Upon the cessation of compensation under this section to or on
account of any person, the compensation of the remaining persons
entitled to compensation for the unexpired part of the period dur
ing which their compensation is payable shall be that which such
persons would have received if they had been the only persons
entitled to compensation at the time of the decedent’s death.
Sec. 10. As used in this section the term “ child ” includes step
children, adopted children, posthumous children, and illegitimate
COMPENSATION LEGISLATION,
1914, 1915— H AW AII.
115
children, acknowledged previous to the injury, but does not include
married children unless dependent. The terms “ brother ” and
“ sister ” include stepbrothers and stepsisters, half brothers and
half sisters, and brothers and sisters by adoption, but do not
include married brothers nor married sisters unless dependent.
The term “ grandchild ” includes children of adopted children and
children of stepchildren, but does not include stepchildren of chil
dren, stepchildren of stepchildren, stepchildren of adopted chil
dren, nor married grandchildren unless dependent. The term
“ parent ” includes step-parents and parents by adoption. The
term “ grandparent ” includes parents of parents by adoption, but
does not include parents of step-parents* step-parents of parents,
nor step-parents of step-parents.
Sec. 11. In computing death benefits the average weekly wages Basic wages,
of the deceased employee shall be considered not to be more than
thirty-six dollars ($36) nor less than five dollars ($5); but the
total weekly compensation shall not exceed in any case the average
weekly wages computed as provided in section 15, nor shall the
amount of compensation paid in any case exceed in the aggregate
the sum of five thousand dollars ($5,000).
Payment of death benefits by an employer in good faith to a What paydependent subsequent in right to another or other dependents shall
a de
protect and discharge the employer unless and until such dependent or dependents prior in right shall have given him notice
of his or their claim. In case the employer is in doubt as to the
respective rights of rival claimants he may apply to the industrial
accident board to decide between them.
In case death occurs after a period of disability, either total or S u b s e q u e n t
partial, the period of disability shall be deducted from the totaldeath*
periods of compensation respectively stated in section 9.
The compensation of a person who is insane shall be paid to his
or her guardian.
Seo. 12. During the first fourteen days of disability the em- Medical, etc.,
ployer shall furnish reasonable surgical, medical, and hospital attendance,
services and supplies not exceeding the amount of fifty dollars
($50). The pecuniary liability of the employer for the medical,
surgical, and hospital service herein required shall be limited to
such charges as prevail in the same community for similar treat
ment of injured persons of a like standard of living when such
treatment is paid for by the injured person.
S eo . 13. Where the injury causes total disability for work, the
C om pensaemployer during such disability, 4>ut not including the first four- T ota l disa
teen days thereof, shall pay the injured employee a weekly com- bility;
pensation equal to sixty per cent of his average weekly wages,
but not more than eighteen dollars ($18) nor less than three ($3)
dollars a week. In no case shall the weekly payments continue
after the disability ends, nor longer than three hundred and twelve
weeks, nor shall the amount of compensation paid in any case
exceed in the aggregate the sum of five thousand dollars ($5,000).
In case of an employee whose average weekly wages are less *
than three dollars ($3) a week, the weekly compensation shall be
the full amount of such average weekly wages, but where the dis
ability is permanent the weekly compensation in such case shall be
three dollars ($3). In case the total disability begins after a period
of partial disability, the period of partial disability shall be de
ducted from such total period of three hundred and twelve weeks.
In the case of the following injuries the disability caused
thereby shall be deemed total and permanent, to wit:
(1) The total and permanent loss of sight in both eyes;
(2) The loss of both feet at or above the ankle;
(3) The loss of both hands at or above the wrist;
(4) The loss of one hand and one foot;
(5) An injury to the spine resulting in permanent and com
plete paralysis of both legs or both arms or of one leg or of one
arm;
( 6) An injury to the skull resulting in incurable imbecility or
insanity.
The above enumeration is not to be taken as exclusive.
116
BULLETIN OF THE BUREAU OF LABOR STATISTICS*
hNi+artlal disa” Sec- 14. Where the injury causes partial disability for work, the
Diiity.
employer, during such disability and for a period of three hun
dred and twelve weeks beginning on the fifteenth day of disability,
shall pay the injured workman a weekly compensation equal to
fifty per cent of the difference between his average weekly wages
before the accident and the weekly wages he is most probably able
to earn thereafter, but not more than twelve dollars ($12) a week.
In no case shall the weekly payments continue after the disability
ends, and in case the partial disability begins after a period of
total disability, the period of total disability shall be deducted
from such total period of three hundred and twelve weeks, nor
shall the amount of compensation paid in any case exceed in the
aggregate, the sum of five thousand dollars ($5,000).
In case of the following injuries the compensation shall be fifty
per cent of the average weekly wages, but not more than twelve
dollars ($12) to be paid weekly for the periods stated against
such injuries, respectively, to wit:
(1) The loss by separation of one arm at or above the elbow
joint, or the permanent and complete loss of the use of one arm,
three hundred and twelve weeks;
(2) The permanent and complete loss of hearing in both ears,
three hundred and twelve weeks;
(3) The loss by separation of one leg at or above the knee
joint, or the permanent and complete loss of the use of one leg,
two hundred and eighty-six weeks;
(4) The loss by separation of one hand at or above the wrist
joint, or the permanent and complete loss of the use of one hand,
two hundred and forty-eight weeks;
(5) The loss by separation of one foot at or above the ankle
joint, or the permanent and complete loss of the use of one foot,
two hundred and eight weeks.
Computation Sec. 15. Average weekly wages shall be computed in such a man
or wages.
Rer as jg
calculated to give the average weekly earnings of
the workman during the twelve months preceding his injury: Pro
vided, That where, by reason of the shortness of the time during
which the workman has been in the employment, or the casual
nature of the employment, or the terms of the employment, it is
impracticable to compute the rate of remuneration, regard may
be had to the average weekly earnings which, during the twelve
months previous to the injury, were being earned by a person in
the same grade employed at the same work by the employer of
the injured workman, or if there is no person so employed, by a
person in the same grade employed In the same class of employ
ment and in the same district.
If a workman at the time of the injury is regularly employed in
a higher grade of work than formerly during the year and with
larger regular wages, only such larger wages shall be taken into
consideration in computing his average weekly wages.
Advances.
Sec. 16. Any payments made by the employer or his insurer to
the injured workman during the period of his disability, or to his
dependents, which by the terms of this act were not due and pay
able when made, may, subject to the approval of the board, be
deducted from the amount to be paid as compensation: Provided,
That in case of disability such deduction shall be made by shorten
ing the period during which compensation must be paid and not
by reducing the amount of the weekly payments under sections
13 and 14.
Time of pay- Sec. 17. The board, upon the application of either party, may, in
ments,
its discretion, having regard to the welfare of the employee and
the convenience of the employer, authorize compensation to be paid
monthly or quarterly instead of weekly.
Commutation Sec. 18. Whenever the board determines that it is for the best
of payments. interest of all parties, the liability of the employer for compen
sation may, on application to the board by any party interested,
be discharged in whole or in part by the payment of one or more
lump sums to be fixed by the board.
COMPENSATION LEGISLATION,
1914, 1915— HAW AII.
117
Sec. 19. Whenever for any reason the board deems it expedient, Trustee fo r
any lump sum which is to be paid as provided in section 18 shall mentsSUm Pay
be paid by the employer to some suitable person or corporation
appointed by the circuit court in the jurisdiction of which the
injury occurred as trustee to administer or apply the same for
the benefit of the person or. persons entitled thereto in the manner
provided by the board. The receipt of such trustee for the amount
so paid shall discharge the employer or any one else who is liable
therefor.
Sec. 20. After an injury and during the period o f disability, the Medical ex
workman, whenever ordered by the board, shall submit himself to am
examination, at reasonable times and places, to a duly qualified
physician or surgeon designated and paid by the employer. The
workman shall have the right to have a physician or surgeon
designated and paid by himself present at such examination,
which right, however, shall not be construed to deny to the em
ployer’s physician the right to visit the injured workman at all
reasonable times and under all reasonable conditions during total
disability. If a workman refuses to submit himself to or in
any way obstructs such examination, his right to take or prosecute
any proceeding under this act shall be suspended until such re
fusal or obstruction ceases, and no compensation shall be payable
for the period during which such refusal or obstruction continues.
Sec. 21. No proceedings under this act for compensation for an Notice and
injury shall be maintained unless a notice of the injury s h a ll claim,
have been given to the employer as soon as practicable after the
happening thereof, and unless a claim for compensation with re
spect to such injury shall have been made within three months
after the date of the injury; or in case of death then within three
months after such death whether or not a claim had been made by
the employee himself for compensation. Such notice and such claim
may be given or made by any person claiming to be entitled to
compensation or by some one on his behalf. If payments of com
pensation have been made voluntarily, the making of a claim
within said period shall not be required.
Sec. 22. Such notice and such claim shall be in writing, and Form,
such notice shall contain the name and address of the employee and
shall state in ordinary language the time, place, nature, and cause
of the injury, and shall be signed by him or by a person on his
behalf, or, in the event of his death, by any one or more of his
dependents or by a person on their behalf. The notice may in
clude the claim.
Sec. 28. Any notice under this act shall be given to the em- h o w g iv e n ,
ployer, or if the employer be a partnership, then to any one of the
partners. If the employer be a corporation, then the notice may
be given to any agent of the corporation upon whom process may
be served, or to any officer of the corporation, or any agent in
charge of the business at the place where the injury occurred.
Such notice shall be given by delivering it or by sending it by
mail by registered letter addressed to the employer at his or its
last known residence or place of business. The foregoing pro
visions shall apply to the making of a claim.
Sec. 24. A notice given under the provisions of section 21 of Sufficiency of
this act shall not be held invalid or insufficient by reason of any notice,
inaccuracy in stating the time, place, nature, or cause of the
injury, or otherwise, unless it is shown that the employer was in
fact misled to his injury thereby. Want of notice or delay in
giving notice shall not be a bar to proceedings under this act if
it be shown that the employer, his agent or representative, had
knowledge of the accident, or that the employer has not been
prejudiced by such delay or want of notice.
Sec. 25. No limitation of time provided in this act shall run as Lim itation
against any person who is mentally incompetent or a minor de- as to incompependent, so long as he has no guardian or next friend.
Sec. 26. There shall be a board created, to be known as the I nd us t r i al
industrial accident board, in each county, consisting of five mem- accident board,
bers to be appointed by the governor, as provided by section 80 of
118
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
the organic act. Each board shall elect its own chairman. Mem
bers of the boards shall hold office for five years, except that when
the boards are first constituted one member for each board shall
be appointed for one year, one for two years, one for three years,
one for four years, and one for five years. Thereafter one mem
ber shall be appointed to each board every year for the full term
of five years., Outgoing members shall be eligible for reappoint
ment. It shall be the duty of the county or city and county attor
ney, as the case may be, to act as attorney for the board in all
matters coming before the board whenever requested to so act
Jurisdiction.
Sec. 27. Each board shall have jurisdiction over the injuries
occurring within the county for which it is appointed, or occur
ring to employees of residents of the county while such employees
are without the Territory, or on vessels operated by residents of
such county: Provided, That if the principal business or occupa
tion of the employer concerned or of the owner of the vessel is
carried on in another county, the board of such other county shall
have such jurisdiction.
expenses68
Sec. 28. The members of such boards shall serve without rep
*
muneration, except that they may be allowed their reasonable
traveling and other expenses while proceeding to, attending, and
returning from attendance of meetings of the board, or reasonably
incurred in the discharge of their duties, which board may employ
such assistance and clerical help as it may deem necessary, and
fix the compensation of all persons so employed. All such salaries
and expenses shall be paid out of such funds as shall be appro
priated by the legislature for the use of such boards.
Rules, etc.
Sec. 29. Each board may make rules not inconsistent with this
act for carrying out the provisions of this act. Process and pro
cedure under this act shall be as summary and simple as reason
ably may be. The board, or any member thereof, shall have the
power to subpoena witnesses, administer oaths, and to examine
such of the books and records of the parties to a proceeding as
relate to the questions in dispute. The circuit court shall have
power to enforce by proper proceedings the attendance and testi
mony of witnesses and the production and examination of books,
papers, and records. The board shall cause to be printed and
furnished free of charge to any employer or employee such blank
forms as it shall deem requisite to facilitate or promote the effi
cient administration of this act. Such blanks shair also be fur
nished by the board to the clerk of the circuit court, who shall
furnish the same to any employer or employee free of charge, but
subject, however, to any rules and regulations the board shall
make relating thereto.
Agreements. gEC 30. i f the employer and the injured employee reach an
agreement in regard to compensation under this act, a memo
randum of the agreement shall be filed with the board, and, if
approved by it, thereupon the memorandum shall for all purposes
be enforceable under the provisions of section 39, unless modified
as provided in section 37.
Such agreements shall be approved by the board only when the
terms conform to the provisions of this act.
Committeeof Sec. 31. If the compensation is not settled by agreement, either
arbitration.
1)arty may make an application to the board for the formation of
a committee of arbitration. Such committee shall consist of three
members, one of whom shall be a member of the industrial acci
dent board, or appointed by it, who shall act as chairman. The
other two members shall be named, respectively, by the parties.
If a vacancy occurs, It shall be filled in the same way as the
original appointment.
How com - sEc. 32. Immediately after such application the board shall
mittee rormea. ^esigrna.te one of its members, or a substitute, to act as chairman
of the committee of arbitration, and shall request the parties to
appoint their respective representatives. If within seven days
after such request, or after a vacancy has occurred, either party
does not appoint his representative, the board shall fill the vacancy
and notify the parties to that effect.
COMPENSATION’ LEGISLATION, 1914, 1915— HAWAII.
119
Sec. 33. The committee on arbitration shall make such inquiries
and Investigations as it shall deem necessary. The hearings of aJStiKings and
the committee, unless otherwise agreed, shall be held in the city
*
or town where the injury occurred if within this Territory, and
the award of the committee, together with a statement of its
findings of fact, rulings of law, and any other matters pertinent to
the questions arising before it, shall be filed with the industrial
accident board of the respective county. A copy of the award
shall be immediately sent to the parties. Unless a claim for a
review is filed by either party within ten days after the sending
of the award, it shall be enforceable under the provisions of sec
tion 39.
Sec. 34. Each industrial accident board, or any member thereof,
may appoint a duly qualified impartial physician to examine the MecUcal ex
injured employee and to report. The fee for this service shall be amination*
three dollars ($3) and traveling expenses, but the board may
allow additional reasonable amounts in extraordinary cases.
Sec. 35. The fees and expenses of arbitrators under section 33 Fees and exand of physicians under section 34 shall be paid from the funds penses*
appropriated by the legislature for the use of the respective boards.
Sec. 36. If an application for review is made to any board, or if Review of
the committee fails to make an award within thirty days after awa
its formation, the board shall allow a full trial and shall make an
award, which shall be filed with the record of proceedings, and
shall state its conclusions of fact and rulings of law, and shall
immediately send to the parties a copy of the award.
Seo. 37. On the application of any party on the ground of a Modification
change in conditions, the board may at any time, but not oftener agreSents
than once in six months, review any agreement or award, and on
such review may make an award ending, diminishing, or increas
ing the compensation previously agreed upon or awarded, subject
to the maximum and minimum provided in this act, and shall
state its conclusions of fact and rulings of law, and immediately
send to the parties a copy of the award, but this section shall not
apply to a commutation of payments under section 18.
Sec. 38. An award of the board, in the absence of fraud, shall Appeals,
be final and conclusive between the parties, except as provided
in section 37, unless within ten days after a copy has been sent
to the parties either party appeals to the circuit court of the cir
cuit in which said board is located. In the county of Hawaii the
circuit court shall be that of the fourth circuit. In case of every
such appeal the right of a trial by jury shall be deemed to be
waived unless claimed within ten days from the date such appeal
is entered. Said court may by proper rules prescribe the proce
dure to be followed in the case of such appeals.
The board may certify questions of law to the supreme court of
the Territory for its determination.
Sec. 39. Any party in interest may file in the circuit court in o£?wfardement
the jurisdiction of which the injur/ occurred a certified copy of
a decision of the board awarding compensation, from which no
appeal has been taken within the time allowed therefor, or a cer
tified copy of a decision of an arbitration committee awarding
compensation from which no claim for review has been filed within
the time allowed therefor, or a certified copy of a memorandum
of agreement approved by the board, whereupon said court shall
render a decree or judgment in accordance therewith and notify
the parties thereof. Such decree or judgment shall have the same
effect, and all proceedings in relation thereto shall thereafter be
the same, as though said decree or judgment had been rendered
in a suit duly heard and determined by said court, except that
there shall be no appeal therefrom.
Seo. 40. If the committee of arbitration, industrial accident Costs,
board, or any court before whom any proceedings are brought
under this act determines that such proceedings have been brought,
prosecuted, or defended without reasonable ground, it may assess
the whole cost of the proceedings upon the party who has so
brought, prosecuted, or defended them.
120
BULLETIN OP THE BUREAU OP LABOR STATISTXOS.
S r c . 4 1 . A l l questions arising under this act, if not settled b y
agreement of the parties interested therein with the approval of
the board shall, except as otherwise herein provided, be deter
mined by the board. The decisions of the board shall be enforce
able by the circuit court under the provisions of section 39. There
shall be a right of appeal from decisions of the board to the
circuit court as provided in section 38, but in no case shall such
an appeal, either under this section or under section 38, operate as
a supersedeas or stay unless the board or the circuit court shall
so order.
R evision o t
Sec. 42. The circuit court, upon the filing with it of a certified
decrees.
COpy of a decision of the industrial accident board ending, dimin
ishing, or increasing compensation previously awarded, shall re
voke or modify its prior decree or judgment so that it will con
form to said decision.
Sec. 43. If a workman who has been hired in this Territory
Injuries^ out- receives personal injury by accident arising out of and in the
tory
course of such employment, he shall be entitled to compensation
according to the law of this Territory even though such injury
was received outside this Territory.
If a workman who has been hired outside of this Territory is
injured while engaged in his employer’s business and is entitled
to compensation for such injury under the law of the State or
Territory where he was hired, he shall be entitled to enforce
against his employer his rights in this Territory if his rights
are such that they can reasonably be determined and dealt with
by the board and the court in this Territory.
Sec. 44. All rights of compensation granted by this act shall
Preferences, have the same preference or priority for the whole thereof
against the assets of the employer as is allowed by law for any
unpaid wages for labor.
Assignments. sEc. 45. No claims for compensation under this act shall be
, assignable, and all compensation and claims therefor shall be
fees.tt0^neyS, exemPt from all claims of creditors. Claims of attorneys and of
physicians for services under this act shall be subject to the
Security for approval of the board,
payments.
Sec. 46. Employers, but not including the Territorial or the
municipal bodies mentioned in section 2, shall secure compensa
tion to their employees in one of the following ways:
(1) By insuring and keeping insured the payment of such
compensation with any stock corporation or mutual association
authorized to transact the business of workmen’s compensation
insurance in this Territory, or
(2) By obtaining and keeping in force guaranty insurance with
any company authorized to do such guaranty business within the
territory; or
(3) By depositing and maintaining with the Territorial treas
urer security satisfactory to the board securing the payment by
said employer of compensation according to the terms of this act.
(4) Upon furnishing satisfactory proof to the board of his sol
vency and financial ability to pay the compensation and benefits
herein provided, no insurance or security shall be required, and
the employer shall make such payments directly to his em
ployees as they may become entitled to receive the same under the
terms and conditions of this act.
Any person who willfully misrepresents any fact in order to
obtain the benefits of this section shall be guilty of a misde
meanor.
Any decision of the board rendered under the provisions of
subdivisions 3 and 4 of this section with respect to the amount
of security required or refusing to permit no security to be given
shall be subject to reviews on appeal by the circuit court in like
manner as appeals are permitted under section 38 of this act.
Notice of in- Sec. 47. If the insurance so affected is not under subdivisions
surance.
3 or 4 of section 46 the employer shall forthwith file with the
Territorial treasurer and with the board in form prescribed by
P ow ers of
COMPENSATION LEGISLATION, 1914, 1915— HAWAII.
121
the board a notice of bis insurance, together with a copy of the
contract or policy of insurance.
Sec. 48. If an employer fails to comply with the provisions of Failure to sesection 46 he shall be liable to a penalty for every day during
compen"
which such failure continues, of one dollar ($1) for every em
ployee, to be recovered in an action brought by the chairman of
the board in the name of the Territory, and the amounts so col
lected shall be paid into the Territorial treasury and be a special
fund for the use of the board. It shall be the duty of the county
attorney of each county to prosecute such suits, if so requested
by the board.
The board may, however, in its discretion, for good cause shown,
remit any such penalty in whole or in part, provided the em
ployer in default forthwith secures compensation as provided in
section 46.
Furthermore, if any employer shall be in default under sec
tion 46, for a period of thirty days, he may be enjoined by the
circuit court from carrying on his business while such default
continues.
Sec. 49. Every policy of insurance and every guaranty con- Provisions of
tract covering the liability of the employer for compensation, P°licieswhether issued by a stock company or by a mutual association
authorized to transact workmen’s compensation or guaranty
insurance in this Territory, shall cover the entire liability of the
employer to his employees covered by the policy or contract, and
also shall contain a provision setting forth the right of the em
ployees to enforce in their own names either by at any time filing
a separate claim or by at any time making the insurance carrier
a party to the original claim, the liability of the insurance carrier
in whole or in part for the payment of such compensation by
either the employer or the insurance carrier shall, to the extent
thereof, be a bar to the recovery against the other of the amount
so paid.
Sec. 50. Every such policy and contract shall contain a provi-. E ffe c t o f
sion that, as between the employee and the insurance carrier, the employer® °
notice to or knowledge of the occurrence of the injury on the
part of the employer shall be deemed notice or knowledge, as the
case may be, on the part of the insurance carrier; that jurisdic
tion of the employer shall, for the purpose of this act, be juris
diction of the insurance carrier, and that the insurance carrier
shall in all things be bound by and subject to the orders, findings,
decisions, or awards rendered against the employer for the pay
ment of compensation under the provisions of this act.
Sec. 51. Every such policy and contract shall contain a provi- in solven cy o f
sion to the effect that the insolvency or bankruptcy of the employer em ployer,
and his discharge therein shall not relieve the insurance carrier,
from the payment of compensation for injuries or death sustained
by an employee during the life of such policy or contract.
S e c . 52. No policy or contract of insurance or guaranty issued N otice o f canby a stock company or mutual association against liability aris- cellation.
ing under this act shall be canceled within the time limited in
such contract for its expiration until at least ten days after notice
of intention to cancel such contract, on a date specified in such
notice, shall have been filed in the office of the Territorial treas
urer and also served on the board and the employer.
Sec. 53. The Territory and each county and any other political Public e m subdivision of the Territory which is liable to its employees for pioyees.
compensation may insure with any authorized insurance carrier.
Sec. 54. No agreement by an employee to pay any portion of B u r d e n o f
the premiums paid by his employer to contribute to a benefit fund cost,
or department maintained by such employer, or to the cost of
mutual or other insurance maintained for or carried for the pur
pose of securing compensation as herein required shall be valid;
and any employer who makes a deduction for such purpose from
the wages or salary of any employee entitled to the benefits of
this act shall be guilty of a misdemeanor, and on conviction
thereof shall be punished by a fine not to exceed two hundred and
fifty dollars ( $ 2 5 0 ) .
122
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Sec. 55. The board shall hare the right to Inspect the plants
and establishments of all employers in the Territory, and the in
spectors designated by the board shall have free access to such
premises during regular working hours and at other reasonable
times.
rt of ac Ssc. 56. Every employer shall hereafter keep a record of all
injuries, fatal or otherwise, received by his employees in the
course of their employment, when known to him or brought to his
attention. As soon as practicable after the occurrence of an in
jury causing absence from work for one day or more, a report
thereof shall be made in writing by the employer to the board on
blanks to be procured from the board for the purpose.
Upon the termination of the disability of the injured employee
the employer shall make a supplemental report upon blanks to be
procured from the board for that purpose. If the disability ex
tends beyond a period of sixty days, the employer shall report
to the board at the end of such period that the injured employee
is still disabled, and upon the termination of the disability shall
file a final supplemental report, as provided above.
The said reports shall contain the name and nature of the busi
ness of the employer, the situation of the establishment, the name,
age, sex, wages, and occupation of the injured employee, and shall
state the date and hour of the accident causing the injury, the
nature and cause of the injury, and such other information as
may be required by the board.
Any employer who refuses or neglects to make the report re
quired by this section shall be punished by a fine of not more than
twenty-five dollars ($25) for each offense.
Within sixty days after the termination of the disability of the
injured employee, the employer or other party liable to pay the
compensation provided for by this act shall file with the board a
statement showing the total payments made or to be made for
compensation and for medical services for such injured employee.
Interstate Seo. 57. This act shall affect the liability of employers to emcommerce.
ployees engaged in interstate or foreign commerce or otherwise
only so far as the same is permissible under the laws of the United
States.
Reports o f Sec. 58. Annually on or before the first day of February the
dentSboards hoard of each county shall make a report to the governor, which
shall be transmitted to the legislature and which shall include a
properly classified statement of the expenses of the board, to
gether with any other matters which the board deems proper to
report, including any recommendations it may desire to make.
Acts of ma- Sec. 59. Whenever under this act any award, order, rule, regujority.
lation, or decision is required or authorized to be made by the
board or by a committee of arbitration the action of a majority
of the members of such board or committee shall be considered
as the action of such board or committee, respectively, as the
case may be.
Definitions.
Sec. 60. In this act unless the context otherwise requires:
(a) “ Employer,” unless otherwise stated, includes any body
of persons, corporate or unincorporated, public or private, and the
legal representative of a deceased employer. It includes the owner
or lessee of premises, or other person who is virtually the pro
prietor or operator of the business there carried on, but who, by
reason of there being an independent contractor, or for any other
reason, is not the direct employer of the workmen there employed.
If the employer is insured, it includes his insurer so far as appli
cable.
(b) “ Workman” is used as synonymous with ‘‘ employee,”
and means any person who has entered into the employment of
or works under contract of service or apprenticeship with an em
ployer. It does not include a person whose employment is purely
casual or not for the purpose of the employer’s trade or business,
or whose remuneration from any one employer, excluding pay for
overtime, exceeds thirty-six dollars ($86) a week. Any reference
to a workman who has been injured shall, where the workman is
Inspections.
COMPENSATION LEGISLATION, 1914, 1916— HAWAII.
123
dead, include a reference to his dependents as herein defined, if
the context so requires, or where the employee is a minor or in
competent to his guardian or next friend.
(c) “ Injury” or “ personal injury” includes death resulting
from injury within two years.
(d) The words “ personal injury by accident arising out of and
in the course of such employment ” shall include an injury caused
by the willful act of a third person directed against an employee
because of his employment.
They shall not include a disease except as it shall result from
injury.
(e) “ Employment” in the case of private employers includes
employment only in a trade or occupation which is carried on by
the employer for the sake of pecuniary gain.
Public employment means employment by the Territory or by
a county or by any political subdivision of the Territory now
existing or which may hereafter be created.
It does not include the employment of public officials who are
elected by popular vote or who receive salaries exceeding eighteen
hundred dollars ($1,800) a year.
( f ) The word “ board ” or words “ industrial accident board,”
whenever used in this act, unless the context shows otherwise,
shall be taken to mean the industrial accident board of the
respective county.
(g) “ Partial disability.” Diminished ability to obtain employ
ment owing to disfigurement resulting from an injury may be
held to constitute partial disability.
(h) “ Wages ” shall include the market value of board, lodg
ing, fuel, and other advantages which can be determined in money
which the employee receives from the employer as a part of his
remuneration.
“ Wages” shall not include any sums which the employer has
paid to the employee to cover any special expenses entailed on
him by the nature of his employment.
(i) “ Insurance carrier” shall include stock corporations or
mutual associations from any of which employers have obtained
workmen’s compensation insurance or guaranty insurance in ac
cordance with tie provisions of this act.
(j) The word “ county” includes the city and county of Hono
lulu.
(k) Any term shall include the singular and plural and both
sexes where the context so requires.
Sec. 61. If any part or section of this act be decided by the courts P*0]* s io n s
to be unconstitutional or invalid, the same shall not affect theseve
validity of the act as a whole, or any part thereof which can be
given effect without the part so decided to be unconstitutional
or invalid.
S eo . 62. If for the purpose of obtaining any benefit or payment
False repreunder the provisions of this act, either for himself or for any other sentations.
person, anyone willfully makes a false statement or representa
tion, he shall be guilty of a misdemeanor and liable to a fine of
not exceeding two hundred and fifty dollars.
Seo. 68. The provisions of this act shall not apply to injuries P r io r in
sustained or accidents which occur prior to the taking effect Jurieshereof.
Seo. 64 . (a) The rule that statutes in derogation of the com- B uies o f conmon law are to be strictly construed shall have no application to
this act.
(b)
This act shall be so interpreted and construed as to effect
its general purpose to make uniform the law of those States which
enact it.
Sec. 66. This act may be cited as the workmen’s compensation Title of act.
act.
Sec. 67. This act shall take effect on the first day of July, 1915. Timeof takApproved April 28,1915.
ILLINOIS.
ACTS OF 1913.
Compensation of workmen for injuries.
(P age 335.)
[Several sections of this act were amended, and a new section
added, by an act approved June 28, 1915. The new and amended
portions of the act follow:]
S e c t io n 3 (as amended by act, p. 40 0, Acts of 1 9 1 5 ). (a) In any
D efen ses
action to recover damages against an employer engaged in any abolished,
of the occupations, enterprises, or businesses enumerated in paragraph (b) of this section, who shall elect not to provide and pay
compensation to any employee, according to the provisions of this
act, it shall not be a defense that: First, the employee assumed
the risks of the employment; second, the injury or death was
caused in whole or in part by the negligence of a fellow servant;
or third, the injury or death was proximately caused by the con
tributory negligence of the employee.
(b)
The provisions of paragraph (a) of this section shall only
apply to an employer engaged in any of the following occupations,
enterprises, or businesses, namely:
1. The building, maintaining, removing, repairing, or demolish
ing of any structure, except as provided in subsection 8 of this
section;
2. Construction, excavating, or electrical work, except as pro
vided in subsection 8 of this section;
3. Carriage by land or water and loading or unloading in con
nection therewith;
4. The operation of any warehouse or general or terminal store
houses ;
5. Mining, surface mining, or quarrying;
6. Any enterprise in which explosive materials are manufac
tured, handled, or used in dangerous quantities;
7. In any enterprise wherein molten metal, or explosive or in
jurious gases or vapors, or inflammable vapors or fluids, or cor
rosive acids are manufactured, used, generated, stored, or conveyed
in dangerous quantities;
8. In any enterprise in which statutory or municipal ordinance
regulations are now or shall hereafter be imposed for the regu
lating, guarding, use or the placing of machinery or appliances, or
for the protection and safeguarding of the employees or the public
therein; each of which occupations, enterprises, or businesses are
hereby declared to be extra hazardous: Provided, Nothing con- p roviso,
tained herein shall be construed to apply to any work, employ
ment, or operations done, had, or conducted by farmers and others
engaged in farming, tillage of the soil, or stock raising, or to those
who rent, demise, or lease land for any of such purposes, or to
anyone in their employ or to any work done on a farm or country
place, no matter what kind of work or service is being done or
rendered.
S e c . 7. (.as amended by act, p. 400, Acts of 1915). The amount of
compensation which shall be paid for an injury to the employee
resulting in death shall be:
(a)
If the employee leaves any widow, child, or children whom .. C o m p e n s a he was under legal obligation to support at the time of his injury, n Ior
a sum equal to four times the average annual earnings of the
employee, but not less in any event than one thousand six hundred
fifty dollars and not more in any event than three thousand five
hundred dollars. Any compensation payments other than neces-
126
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
s&ry medical, surgical, or hospital fees or services shall be de
ducted in ascertaining the amount payable on death.
(b) If no amount is payable under paragraph (a) of this sec
tion and the employee leaves any widow, child, parent, grand
parent, or other lineal heir to whose support he had contributed
within four years previous to the time of his injury, a sum equal
to four times the average annual earnings of the employee, but
not less in any event than one thousand six hundred fifty dollars
and not more in any event than three thousand five hundred dol
lars. Any compensation payments other than necessary medical,
surgical, or hospital fees or services shall be deducted in ascer
taining the amount payable on death.
(c) If no amount is payable under paragraph (a) or (b) of
this section and the employee leaves collateral heirs dependent at
the time of the injury to the employee upon his earnings, such a
percentage of the sum provided in paragraph (a) of this section
as the average annual contributions which the deceased made to
the support of such collateral dependent heirs during the two years
preceding the injury bears to his average annual earnings during
such two years.
(d) If no amount is payable under paragraph (a) or (b) or
(c) of this section, a sum not to exceed one hundred and fifty
dollars for burial expenses.
(e) All compensation, except for burial expenses, provided for
in this section to be paid in case injury results in death shall be
paid in installments equal to one-half the average earnings at the
same intervals at which the wages or earnings of the employee
were paid, or if this shall not be feasible, then the installments
shall be paid weekly: Provided, Such compensation may be paid
in a lump sum upon petition as provided in section 9 of this act.
T hi whom (f) The compensation to be paid for injury which results in
payable.
death, as provided in this section, shall be paid at the option of the
employer either to the personal representative of the deceased
employee or to his beneficiaries, and shall be distributed to the
heirs who formed the basis for determining the amount of com
pensation to be paid by the employer, the distributees’ share to be
in the proportion of their respective dependency at the time of the
injury on the earnings of the deceased: Provided, That, in the
judgment of the court appointing the personal representative, a
child’s distributive share may be paid to the parent for the sup
port of the child. The payment of compensation by the employer
to the personal representative of the deceased employee shall
relieve him of all obligations as to the distribution of such com
pensation so paid. The distribution by the personal representa
tive of the compensation paid to him by the employer shall be
made pursuant to the order of the court appointing him.
Com pensaSec. 8 (as amended by act, p. 400, Acts of 1915). The amount of
tion fo r in-compensation which shall be paid to the employee for an injury
juries.
not resulting in death shall be:
Medical, etc., (a) The employer shall provide necessary first aid, medical,
services.
surgical, and hospital services; also medical, surgical, and hospital
services for a period not longer than eight weeks, not to exceed,
however, the amount of $200. The employee may elect to secure
his own physician, surgeon, or hospital services at his own ex
pense.
T o t a l dis- (b) If the period of temporary total incapacity for work lasts
ability.
f 0r more than six working days, compensation equal to one-half
the earnings, but not less than $6 nor more than $12. per week,
beginning on the eighth day of such temporary total incapacity
and continuing as long as the temporary total incapacity lasts,
but not after the amount of compensation paid equals the amount
which would have been payable as a death benefit under para
graph (a), section 7, if the employee had died as a result of the
injury at the time thereof, leaving heirs surviving as provided in
s«id paragraph (a), section 7.
D isfig u re (c) For any serious and permanent disfigurement to the hand,
ment.
head, or face, the employee shall be entitled to compensation for
COMPENSATION LEGISLATION, 1914, 1915— ILLINOIS.
127
such disfigurement, the amount to be fixed by agreement or by
arbitration in accordance with the provisions of this act, which
amount shall not exceed one-quarter of the amount of the com
pensation which would have been payable as a death benefit under
paragraph (a), section 7, if the employee had died as a result of
the injury at the time thereof, leaving heirs surviving, as provided
in said paragraph (a), section 7: Provided, That no compensation
shall be payable under this paragraph where compensation is
payable under paragraphs (d), (e), or (f) of this section: And
provided further, That when the disfigurement is to the hand,
head, or face as a result of an injury, for which injury compen
sation is not payable under paragraphs (d), (e), or (f) of this
section, compensation for such disfigurement may be had under
this paragraph.
(d) If after the injury has been sustained the employee as a P e r m a n e n t
result thereof becomes partially incapacitated from pursuing h i s p a r t i a l disausual and customary line of employment, he shall, except in the bilitycases covered by the specific schedule set forth in paragraph (e) of
this section, receive compensation, subject to the limitations as to
time and maximum amounts fixed in paragraphs (b) and (h) of
this section, equal to one-half of the difference between the aver
age amount which he earned before the accident, and the average
amount which he is earning or is able to earn in some suitable
employment or business after the accident. In the event the
employee returns to the employment of the employer in whose
service he was injured, the employee shall not be barred from as
serting a claim for compensation under this act: Provided, Notice
of such claim is filed with the industrial board within eighteen
months after he returns to such employment, and the said board
shall immediately send to the employer, by registered mail, a
copy of such notice.
(e) For injuries in the following schedule the employee shall Specific in
receive in addition to compensation during the period of temporary Juries«
total incapacity for work resulting from such injury, in accord
ance with the provisions of paragraphs (a) and (b) of this section,
compensation for a further period, subject to the limitations as to
time and amounts fixed in paragraphs (b) and (h) of this sec
tion, for the specific loss herein mentioned, as follows, but shall
not receive any compensation under any other provision of this
act:
For the loss of a thumb, or the permanent and complete loss of
its use, fifty per centum of the average weekly wage during sixty
weeks;
Sto the loss of a first finger, commonly called the index finger,
or the permanent and complete loss of its use, fifty per centum of
the average weekly wage during thirty-five weeks;
For the loss of a second finger, or the permanent and complete
loss of its use, fifty per centum of the average weekly wage during
thirty weeks;
For the loss of a third finger, or the permanent and complete
loss of its use, fifty per centum of the average weekly wage during
twenty weeks;
For the loss of a fourth finger, commonly called the little finger,
or the permanent and complete loss of its use, fifty per centum of
the average weekly wage during fifteen weeks;
The loss of the first phalange of the thumb, or of any finger,
shall be considered to be equal to the loss of one-half of such
thumb or finger, and compensation shall be one-half the amounts
above specified;
The loss of more than one phalange shall be considered as the
loss of the entire finger or thumb: Provided, however, That in no
case shall the amount received for more than one finger exceed the
amount provided in this schedule for the loss of a hand;
For the loss of a great toe, fifty per centum of the average
weekly wage during thirty weeks;
For the loss of one toe other than the great toe, fifty per centum
of the average weekly wage during ten weeks, and for the addi
128
BULLETIN OP THE BUREAU OP LABOR STATISTICS.
tional loss of one or more toes other than the great toe, fifty per
centum of the average weekly* wage during an additional ten
weeks;
The loss of the first phalange of any toe shall be considered to
be equal to the loss of one-half of such toe, and compensation shall
be one-half of the amount above specified;
The loss of more than one phalange shall be considered as the
loss of the entire toe;
For the loss of a hand, or the permanent and complete loss of
its use, fifty per centum of the average weekly wage during two
hundred and fifty weeks;
For the loss of an arm, or the permanent and complete loss of
its use, fifty per centum of the average weekly wage during two
hundred weeks;
For the loss of a foot, or the permanent and complete loss of
its use, fifty per centum of the average weekly wage during one
hundred and twenty-five weeks;
For the loss of a leg, or the permanent and complete loss of its
use, fifty per centum of the average weekly wage during one hun
dred and seventy-five weeks;
For the loss of the sight of an eye, fifty per centum of the
average weekly wage during one hundred weeks;
The loss of both hands, or both arms, or both feet, or both legs,
or both eyes, or of any two thereof, shall constitute total and per
manent disability, to be compensated according to the compensation
fixed by paragraph (f) of this section: Provided, That these
specific cases of total and permanent disability shall not be conp
. strued as excluding other cases,
total dteabil- (f ) In case of complete disability, which renders the employee
ity.
wholly and permanently incapable of work, compensation equal to
50 per cent of his earnings, but not less than $6 nor more than
$12 per week, commencing on the day after the injury and con
tinuing until the amount paid equals the amount which would have
been payable as a death benefit under paragraph (a), section 7, if
the employee had died as a result of the injury at the time thereof,
leaving heirs surviving, as provided in said paragraph (a), sec
tion 7, and thereafter a pension during life annually equal to 8
per cent of the amount which would have been payable as a death
benefit under paragraph (a), section 7, if the employee had died
as a result of the injury at the time thereof, leaving heirs surviv
ing, as provided in said paragraph (a), section 7. Such pension
shall not be less than $10 per month and shall be payable monthly.
Subsequent
(g) In case death occurs as a result of the injury before the
death.
total of the payments made equals the amount payable as a dgath
benefit, then in case the employee leaves any widow, child or Chil
dren, parents, grandparents, or other lineal heirs entitled to com
pensation under section 7, the difference between the compensation
for death and the sum of the payments made to the employee shall
be paid, at the option of the employer, either to the personal rep
resentative or to the beneficiaries of the deceased employee, and
distributed, as provided in paragraph (f) of section 7, but in no
case shall the amount payable under this paragraph be less than
$500.
Maximum
(h) in no event shall the compensation to be paid exceed fifty
benefits.
per centum of the average weekly wage or exceed $12 per week
in amount; nor, except in cases of complete disability as defined
above, shall any payments extend over a period of more than eight
years from the date of the accident. In case an injured employee
shall be incompetent at the time when any right or privilege
accrues to him under the provisions of this act, a conservator or
guardian may be appointed, pursuant to law, and may, on behalf
of such incompetent, claim and exercise any such right or privi
lege with the same force and effect as if the employee himself
had been competent and had claimed or exercised said right or
privilege; and no limitations of time by this act provided shall
run so long as said incompetent employee is without a conservator
or guardian.
COMPENSATION LEGISLATION, 1914, 1915— ILLINOIS.
129
(i) All compensations provided for in paragraphs (b), (c), <d), installments,
(e), and (f) of this section, other than cases of pension for life,
shall be paid in installments at the same intervals at which the
wages or earnings of the employee were paid at the time of the
injury, or if this shall not be feasible, then the installments shall
be paid weekly.
Sec. 9 (as amended by act, p. 400, Acts of 1915). Any employer Lump sums
or employee or beneficiary who shall desire to have such compen
sation, or any unpaid part thereof, paid in a lump sum, may peti
tion the industrial board, asking that such compensation be so
paid, and if, upon proper notice to the interested parties and
a proper showing made before such board, it appears to the
interest of the parties that such compensation be so paid, the
board may order the commutation of the compensation to an
equivalent lump sum which commutation shall be an amount
which will equal the total sum of the probable future payments
capitalized at their present value upon the basis of interest cal
culated at three per centum per annum, with annual rests: Pro
dded, That in cases indicating complete disability no petition
for a commutation to a lump-sum basis shall be entertained by
the industrial board until after the expiration of six months from
the date of the injury, and where necessary, upon proper applica
tion being made, a guardian, conservator, or administrator, as the
case may be, may be appointed for any person under disability
who may be entitled to any such compensation, and an employer
bound by the terms of this act and liable to pay such compensation
may petition for the appointment of the public administrator, or a
conservator, or guardian, where no legal representative has been
appointed or is acting for such party or parties so under disabil
ity. Either party may reject an award of a lump-sum payment
of compensation, except an award for compensation under section
7 or paragraph (e) of section 8 or for the injuries defined in the
lust paragraph of paragraph (e) of section 8 as constituting total
and permanent disability, by filing his written rejection thereof
with the said board within ten days after notice to him of the
award, in which event compensation shall be payable in install
ments as herein provided.
Sec. 12 (as amended by act, p. 400, Acts of 1915). An employeeaJ^attaise * ’
entitled to receive disability payments shall be required, if re
quested by the employer, to submit himself, at the expense of the
employer, for examination to a duly qualified medical practitioner
or surgeon selected by the employer, at a time and place reason
ably convenient for the employee, as soon as practicable after the
injury, and also one week after the first examination and there
after at intervals not oftener than once every four weeks, which
examination shall be for the purpose of determining the nature,
extent, and probable duration of the injury received by the em
ployee, and for the purpose of ascertaining the amount of com
pensation which may be due the employee from time to time for
disability according to the provisions of this act: Provided, however, That such examination shall be made in the presence of a
duly qualified medical practitioner or surgeon provided and paid
for by the employee, if such employee so desires. In all cases
where the examination is made by a surgeon engaged by the em
ployer and the injured employee has no surgeon present at such
examination, it shall be the duty of the surgeon making the ex
amination at the instance of the employer to deliver to the injured
employee, upon his request or that of his representative, a state
ment in writing of the condition and extent of the injury to the
same extent that said surgeon reports to the employer. If the
employee refuses so to submit himself to examination or unneces
sarily obstructs the same, his right to compensation payments
shall be temporarily suspended until such examination shall have
taken place, and no compensation shall be payable under this act
for such period. It shall be the duty of surgeons treating an
7044°—Bull. 185—15----- 9
130
BULLETIN OP THE BTJBEATT OP LABOB STATISTICS.
injured employee who is likely to die, and treating him at the in
stance of the employer, to have called in another surgeon, to be
designated and paid for by either the injured employee or by the
person or persons who would become his beneficiary or bene
ficiaries, to make an examination before the death of such injured
_ _ . , , employee.
boardUS
Sec. 13 (as amended by act, p. 400, Acts of 1915). There is
hereby created a board, which shall be known as the industrial
board, to consist of three members to be appointed by the gov
ernor, by and with the consent of the senate, one of whom shall
be a representative citizen of the employing class operating under
this act, and one of whom shall be a representative citizen chosen
from among the employees operating under this act, and one of
whom shall be a representative citizen not identified with either
the employing or employee classes, and who shall be designated
by the governor as chairman. Appointment of members to places
on the first board or to fill vacancies on said board may be made
during recesses of the senate, but shall be subject to confirmation
by the senate at the next ensuing session of the legislature. The
term of office of members of this board shall be six years, expiring
on January 31 of the odd years, except that when first constituted
one member shall be appointed for two years, one for four years,
and one for six years. Thereafter one member shall be appointed
every second year for the full term of six years. Not more than
a. „
two members of the board shall belong to the same political party,
salaries.
Sec. 14 (as amended by act, p. 400, Acts of 1915). The salary
of each of the members of the board so appointed by the gov
ernor shall be five thousand dollars ($5,000) per year. The board
shall appoint a secretary and shall employ such assistants and
clerical help as may be necessary. The salary of the arbitrators
designated by the board shall be at the rate of eighteen hundred
dollars ($1,800) per year. The members of the board and the arbi
trators shall have reimbursed to them their actual traveling ex
penses and disbursements made or incurred by them in the dis
c h a r g e of their official duties while away from their places of
residence in the performance of their duties. The board shall
Seal.
provide itself with a seal for the authentication of its orders,
awards, and proceedings, upon which shall be inscribed the words
_
"Industrial board—Illinois—Seal.”
rowers.
Sec. 16 (as amended by act, p. 400, Acts of 1915). The board
may make rules and orders for carrying out the duties imposed
upon it by law, which rules and orders shall be deemed prima
facie reasonable and valid; and the process and procedure before
the board shall be as simple and summary as reasonably may be.
The board, or any member thereof, or any arbitrator designated
by said board, shall have the power to administer oaths, subpoena
and examine witnesses, to issue subpoenas duces tecum requiring
the production of such books, papers, records, and documents as
may be evidence of any matter under inquiry, and to examine and
inspect the same and such places or premises as may relate to the
question in dispute^ Said board, or any member thereof, or any
arbitrator designated by said board, shall, on written request of
either party to the dispute, issue subpoenas for the attendance of
such witnesses and production of such books, papers, records, and
documents as shall be designated in said applications: Providing,
however, That the parties applying for such subpoena shall ad
vance the officer and witness fees provided for in suits pending in
the circuit court. Service of such subpoenas shall be made by any
sheriff or constable or other person. In case any person refuses
to comply with an order of the board or subpoena issued by it or
any member thereof, or any arbitrator designated by said board,
or to permit an inspection of places or premises, or to produce
any books, papers, records, or documents, or any witness refuses
to testify to any matter regarding which he may be lawfully in
terrogated, the county court of the county in which said hearing
or matter is pending, on application of any member of the board
or any arbitrator designated by the board, shall compel obedience
COMPENSATION LEGISLATION, 1914, 1915— ILLINOIS*
131
by attachment proceedings, as for contempt, as in a case of dis
obedience of the requirements of a subpoena from such court on a
refusal to testify therein.
The board at its expense shall provide a stenographer to take Records,
the testimony and record of proceedings at the hearings before an
arbitrator, committee of arbitration, or the board, and said ste
nographer shall furnish a transcript of such testimony or pro
ceedings to any person requesting it upon payment to him therefor
of five cents per one hundred words for the original and three cents
per one hundred words for each copy of such transcript.
The board shall have the power to determine the reasonableness Fees*
and fix the amount of any fee or compensation charged by any
person for any service performed in connection with this act or
for which payment is to be made under this act or rendered in
securing any right under this act.
Sec. 19 (as amended by act, p. 400, Acts of 1915). Any disputed Arbitration,
questions of law or fact upon which the employer and employee or
personal representative can not agree shall be determined as herein
provided.
(a) It shall be the duty of the industrial board, upon notifica
tion that the parties have failed to reach an agreement, to desig
nate an arbitrator: Provided, That if the compensation claimed is
for a partial permanent or total permanent incapacity or for death,
then the dispute may, at the election of either party, be deter
mined by a committee of arbitration, which election for a deter
mination by a committee shall be made by petitioner filing with
the board his election in writing with his petition, or by the other
party filing with the board his election in writing within five days
of notice to him of the filing of the petition, and thereupon it shall
be the duty of the industrial board, upon either of the parties
having filed their election for a committee of arbitration as above
provided, to notify both parties to appoint their respective repre
sentatives on the committee of arbitration. The board shall desig
nate an arbitrator to act as chairman, and if either party fails to
appoint its member on the committee within seven days after
notification as above provided, the board shall appoint a person
to fill the vacancy and notify the parties to that effect. The party
filing his election for a committee of arbitration shall with his
election deposit with the board the sum of twenty dollars, to be
paid by the board to the arbitrators selected by the parties as com
pensation for their services as arbitrators, and upon a failure to
deposit as aforesaid, the election shall be void and the determina
tion shall be by an arbitrator designated by the board. The
members of the committee of arbitration appointed by either of
the parties or one appointed by the board to fill a vancancy by
reason of the failure of one of the parties to appoint, shall not be
a member of the board or an employee thereof.
(b) The arbitrator or committee of arbitration shall make such
inquiries and investigations as he or they shall deem necessary,
and may examine and inspect all books, papers, records, places, or
premises relating to the questions in dispute, and hear such proper
evidence as the parties may submit. The hearings before the arbi
trator or committee of arbitration shall be held in the vicinity
where the injury occurred, after ten days’ notice of the time and
place of such hearing shall have been given to each of the par
ties or their attorneys of record. The decision of the arbitrator
or committee of arbitration shall be filed with the industrial
board, which board shall immediately send to each party or his
attorney a copy of such decision, together with a notification of
the time when it was filed, and unless a petition for a review is
filed by either party within fifteen days after the receipt by said
party of the copy of said decision and notification of time when
filed, and unless such party petitioning for a review shall within
twenty days after the receipt by him of the copy of said decision,
file with the board either an agreed statement of the facts appear
ing upon the hearing before the arbitrator or committee of arbi
tration,, or if such party shall so elect, a correct stenographic
132
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
report of the proceedings at such hearings, then the decision shall
become the decision of the industrial board: Provided, That such
industrial board may for sufficient cause shown grant further time,
not exceeding thirty days, in which to petition for such review or
to file such agreed statement or stenographic report. Such agreed
statement of facts or correct stenographic report, as the case may
be, shall be authenticated by the signatures of the parties or their
attorneys, and in the event they do not agree as to the correctness
of the stenographic report it shall be authenticated by the signa
ture of the arbitrator designated by the board.
Physician.
(c) The industrial board may appoint at its expense a duly
qualified, impartial physician to examine the injured employee
and report to the board. The fee for this service shall not exceed
five dollars and traveling expenses, but the board may allow
additional reasonable amounts in extraordinary cases. The fees
and the payment thereof of all attorneys and physicians for serv
ices authorized by the board under this act shall, upon request
of either the employer or the employee or the beneficiary affected,
be subject to the review and decision of the industrial board.
R efusing
(d) If any employee shall persist in insanitary or injurious
medical aid.
practices which tend to either imperil or retard his recovery or
shall refuse to submit to such medical or surgical treatment as is
reasonably essential to promote his recovery, the board may, in its
discretion, reduce or suspend the compensation of any such injured
employee.
Review.
(e) If a petition for review and agreed statement of facts or
stenographic report is filed, as provided herein, the industrial
board shall promptly review the decision of the arbitrator or com
mittee of arbitration and all questions of law or fact which appear
from the said statement of facts or stenographic report and such
additional evidence as the parties may submit. After such hear
ing upon review, the board shall file in its office its decision
thereon, and shall immediately send to each party or his attorney
a copy of such decision and a notification of the time when It* was
filed. Such review and hearing may be held in its office, or else
where, as the board may deem advisable: Provided, The board
shall give ten days’ notice of the time and place thereof to the
parties or their attorneys. In any case, the board in its decision
may, in its discretion, find specially upon any question or ques
tions of law or fact, which shall be submitted in writing by either
party, whether ultimate or otherwise. Any party may, within
twenty days after the receipt of notice of the board’s decision, or
within such further time, not exceeding thirty days, as the board
may grant, file with the board either an agreed statement of the
facts appearing upon the hearing, or, if such party shall so elect,
a correct stenographic report of the additional proceedings pre
sented before the board, in which report the party may embody a
correct statement of such other proceedings in the case as such
party may desire to have reviewed, such statement of facts or
stenographic report to be authenticated by the signatures of the
parties or their attorneys; and in the event that they do not agree,
then the authentication of such stenographic report shall be by
the signature of the chairman of the board. The applications for
adjustment of claim and other documents In the nature of plead
ings filed by either party, together with the decisions of the arbi
trator and of the industrial board, and the statement of facts or
stenographic reports hereinbefore provided for in paragraphs (b)
and (c), shall be the record of the proceedings of said board and
shall be subject to review as hereinafter provided.
D ecision s
(f) The decision of the industrial board, acting within its
conclusive.
powers, according to the provisions of paragraph (e) of this sec
tion, and of the arbitrator or committee of arbitration, where no
review is had and his or their decision becomes the decision of the
industrial board in accordance with the provisions of this sec
tion, shall, in the absence of fraud, be conclusive unless reviewed
as in this paragraph hereinafter provided.
Review
by
( 1 ) The circuit court of the county where any of the parties
•eurt.
defendant may be found shall by writ of certiorari to the indus
trial board have power to review all questions of law presented by
COMPENSATION LEGISLATION, 1914, 1915— ILLINOIS.
such record. Such writ shall be issued by the clerk of such court
upon praecipe. Service upon any member of the industrial board
or the secretary thereof shall be service on the board, and service
upon other parties in interest shall be by scire facias, or service
may be made upon said board and other parties in interest by mail
ing notice of the commencement of the proceedings and the return
day of the writ to the office of said board and the last known place
of residence of the other parties in interest at least ten days before
the return day of said writ; or ( 2) any party in interest may com
mence a suit in chancery in the circuit court of the county where
any of the parties defendant may be found to review the decision
of the board only for errors of law appearing on the said record
of the said board. Such suit by writ of certiorari or in chancery
shall be commenced within twenty days of the receipt of notice
of the decision of the board.
»
The court may confirm or set aside the decision of the arbitrator
or committee of arbitration or industrial board. If the decision is
set aside and the facts found in the proceedings before the board
are sufficient, the court may enter such decision as is justified by
law, or may remand the cause to the industrial bbard for further
proceedings, and may state the questions requiring further hear
ing, and give such other instructions as may be proper.
Judgments, orders, and decrees of the circuit court under this
act shall be reviewed only by the supreme court upon writ of
error. Upon motion, the trial court shall enter of record a certifi
cate that the cause is or is not, in his opinion, one proper to be
reviewed by the supreme court. Upon filing with the clerk of the
supreme court a certified copy of such a certificate that tlSS cause
is one proper to be reviewed, writ of error shall issue. If the trial
court certifies that the cause is not one proper to be reviewed, the
supreme court, in its discretion, may, nevertheless, order that a
writ of error issue. A writ of error when issued shall operate as a
supersedeas.The decision of any two members of a committee of arbitration
or of the industrial board shall be considered the decision of such
committee or board, respectively.
(g)
Either party may present a certified copy of the decision
of the industrial board when no proceedings for review thereof
have been taken, or of the decision of such arbitrator or committee
of arbitration when no claim for review is made, or of the decision
of the industrial board after hearing upon review, providing for
the payment of compensation according to this act, to the circuit
court of the county in which such accident occurred or either of
the parties are residents, whereupon such court shall render a judg
ment in accordance therewith; and in cases where the employer
does not institute proceedings for review of the decision of the in
dustrial board and refuses to pay compensation according to the
award upon which such judgment is entered, the court shall, in
entering judgment thereon, tax as costs against him the reasonable
costs and attorney fees in the arbitration ^proceedings and in the
court entering the judgment, for the person in whose favor the
judgment is entered, which judgment and costs, taxed as herein
provided, shall, until and unless set aside, have the same effect as
though duly rendered in an action duly tried and determined by
said court, and shall, with like effect, be entered and docketed*
The circuit court shall have power, at any time, upon application,
to make any such judgment conform to any modification required
by any subsequent decision of the supreme court upon appeal, or
as the result of any subsequent proceedings for review, as provided
in this act.
Judgment shall not be entered until fifteen days’ notice of the
time and place of the application for the entry of judgment shall
be served upon the employer by filing such notice with the indus
trial board; which board shall, in case it has on file the address of
the employer or the name and address of its agent upon whom
notices may be served, immediately send a copy of the notice to
the employer or such designated agent; and no judgment shall be
133
ju dgm ent,
134
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
entered in the event the employer shall file with the said board its
bond, with good and sufficient surety in double the amount of the
award, conditioned upon the payment of said award in the event
the said employer shall fail to prosecute with effect proceedings for
review of the decision, or the said decision, upon review, shall be
affirmed.
Review of (h) An agreement or award under this act, providing for comawards.
pensation in installments, may at any time within eighteen months
after such agreement or award be reviewed by the industrial board
at the request of either the employer or the employee, on the
ground that the disability of the employee has subsequently re
curred, increased, diminished, or ended ; and on such review, com
pensation payments may be reestablished, increased, diminished, or
ended: Provided, That the board shall give fifteen days’ notice to
the parties of the hearing for review: And provided further, Any
employee, upon any petition for such a review being filed by the
employer, shall be entitled to one day’s notice for each one hun
dred miles necessary to be traveled by him in attending the hear
ings of the board upon said petition and three days in addition
thereto, and such employee shall, at the discretion of the board,
also be entitled to five cents per mile necessarily traveled by him
in attending such hearing, not to exceed a distance of 300 miles,
to be taxed by the board as costs and deposited with the petition
of the employer.
F urn ish in g
( i ) Each party upon taking any proceedings or steps whatsoaaaress.
ever before any arbitrator, committee of arbitration, industrial
board, or court shall file with the industrial board his address or
the nante and address of an agent upon whom all notices to be
given to such party shall be served, either personally or by regis
tered mail addressed to such party or agent at the last address so
filed with the industrial board: Provided, That in the event such
party has not filed his address or the name and address of an
agent, as above provided, service of any notice may be had by
filing such notice with the industrial board.
Exemption, Sec. 21 (as amended by act, p. 400, Acts of 1915). No payment,
ments p a y ' claim, award, or decision under this act shall be assignable or sub
ject to any lien, attachment, or garnishment, or be held liable in
any way for any lien, debt, penalty, or damages. In case of in
solvency of the employer every decision of the industrial board
for compensation under this act shall, upon the filing of a certified
copy of the decision with the recorder of deeds of the county,
constitute a lien upon all property of the employer within said
county paramount to all other claims or liens, except for wages
and taxes and mortgages or trust deeds, and such liens shall be
enforced by order of the court. Any right to receive compensa
tion hereunder shall be extinguished by the death of the person
or persons entitled thereto, subject to the provisions of this act
relative to compensation for death received in the course of emD e a t h ofployment: Provided, That upon the death of a beneficiary who
beneficiary.
receiving compensation provided for in section 7, leaving sur
viving a parent, sister, or brother of the deceased employee, at a
time of his death dependent upon him for support, who were re
ceiving from such beneficiary a contribution to support, then that
proportion of the compensation of the beneficiary which would
have been paid but for the death of the beneficiary, but in no
event exceeding said unpaid compensation, which the contribu
tion of the beneficiary to the dependent’s support within one year
prior to the death of the beneficiary bears to the compensation of
the beneficiary within that year shall be continued for the bene
fit of such dependents notwithstanding the denth of the beneficiary.
Guaranty of Sec. 26 (as amended by act, p. 400, Acts of 1915). (a) An empayments.
ployer who elects to provide and pay the compensation provided
for in this act shall, within ten ( 10) days of receipt by the em
ployer of a written demand by the industrial board, ( 1) file with
the board a sworn statement showing his financial ability to pay
the compensation provided for in this act, normally required to
COMPENSATION LEGISLATION, 1914, 1915— ILLINOIS.
135
be paid, or ( 2) furnish security, indemnity, or a bond guaranteeing
the payment by the employer of the compensation provided for
in this act, normally required to be paid, or (3) insure to a reason
able amount his normal ability to pay such compensation in some
corporation, association, or organization authorized, licensed, or
permitted to do such insurance business in this State, or (4) make
some other provisions for the securing of the payment of compen
sation provided for in this act, normally required to be paid, and
shall within twenty ( 20) days of the receipt of such written de
mand, furnish to the board evidence of his compliance with one
of the above alternatives: Provided, That the sworn statement of
financial ability, or security, indemnity or bond, or amount of in
surance or other provision, filed, furnished, carried, or made by
the employer, as the case may be, shall be subject to the approval
of the board, upon the approval of which the board shall send to
the employer written notice of its approval thereof: And provided
further, That demand shall not be made upon the employer by the
board oftener than once in any calendar year.
(b)
If no sworn statement or no security, indemnity or bond, Liability to
or no insurance is filed, furnished, or carried, or other provisions
e
made by the employer within ten ( 10) days of receipt by the
employer of the written demand provided for in paragraph (a), or
if the statement, security, indemnity, bond, or amount of insur
ance filed, furnished or carried, or other provision made by the
employer, as provided in paragraph (a), shall not be approved by
the board, and written notice of such nonapproval shall be given
to the employer and the employer shall not comply with one of the
alternatives of paragraph (a) of this section within ten ( 10)
days after the receipt by the employer of such written notice of
nonapproval, then the employer shall be liable for compensation
to any injured employee, or his personal representative, accord
ing to the terms of this act, or for damages in the same manner
as if the employer had elected not to accept this act, at the option
of such employee or his personal representative: Provided, Such
option is exercised and written notice thereof is given to the em
ployer within thirty (30) days after the accident to such em
ployee ; otherwise the employer shall be liable only for the com
pensation payable according to the provisions of this act: And
provided further, That if at any time thereafter the employer
shall comply with any of the alternatives of paragraph (a), then
as to all accidents occurring after the said compliance, the em
ployer shall only be liable for compensation according to the terms
of this act: And provided further, That upon the failure of any
employer to comply with the provisions of this section, the indus
trial board may, for the purpose of furnishing notice to the em
ployees of such employer, publish the fact of such failure by such
employer in any newspaper having a general circulation in the
county where such employer does businesa
Sec. 33$ (added by act, p. 400, Acts of 1915). This act may be Title,
cited as the workmen’s compensation act.
INDIANA,
ACTS OF 1015.
C h a p te r
106.—Compensation of workmen for injuries.
P art I.
S e c t io n 1 . This act shall be known as “ The Indiana workmen’s Title,
compensation act.”
Sec. 2. From and after the taking effect of this act every em- A c c e p t a n c e
ployer and every employee, except as herein stated, shall be pre- presumed,
sumed to have accepted the provisions of this act respectively to
pay and accept compensation for personal injury or death by
accident arising out of and in the course of the employment and
shall be bound thereby, unless he shall have given prior to any
accident resulting in injury or death, notice to the contrary in the
manner herein provided.
Sec. 3. Either an employer or an employee who has excepted Waiver by
himself by proper notice from the operation of this act may at any noticetime waive such exemption and thereby accept the provisions of
this act by giving notice as herein provided.
The notice of exemption and the notice of acceptance heretofore
referred to shall be given thirty days prior to any accident re
sulting in injury or death: Provided, That if any such injury oc
curred less than thirty days after the date of employment, notice
of such exemption or acceptance given at the time of employment
shall be* sufficient notice thereof. The notice shall be in writing
or print in a substantial form prescribed by the industrial board,
and shall be given by the employer by posting the same in a con
spicuous place in the plant, shop, office, room, or place where the
employee is employed, or by serving it personally upon him; and
shall be given by the employee by sending the same in registered
letter addressed to the employer at his last known residence or
place of business, or by giving it personally to the employer or any
of his agents upon whom a summons in civil action may be served
under the laws of the State.
A copy of the notice in prescribed form shall also be filed with
the industrial board.
S ec . 4 . Every contract of service between any employer and emPresum ption
ployee covered by this act, written or implied, now in operation as to contracts,
or made or implied prior to the taking effect of this act shall,
after the act has taken effect, be presumed to continue; and every
such contract made subsequent to the taking effect of this act shall
be presumed to have been made subject to the provisions of this
act, unless either party shall give notice, as provided in section 3,
to the other party to such contract that the provisions of this act
other than sections 10, 11, and 67 are not intended to apply.
A like presumption shall exist equally in the case of all minors
unless notice of the same character be given by or to the parent
or guardian of the minor.
Sec. 5. Every employer who accepts the compensation provisions Remedy exof this act shall insure the payment of compensation to his em-clusiveployees in the manner hereinafter provided, and while such in
surance remains in force he or those conducting his business shall
only be liable to any employee for personal injury or death by
accident to the extent and in the manner herein specified.
S e c . 6 . The rights and remedies herein granted to an employee
S a m e sub
subject to this act on account of personal injury or death by 3
accident shall exclude all other rights and remedies of such em
ployee, his personal representatives, dependents or next of kin, at
common law or otherwise on account of such injury or death.
138
BULLETIN OF THE BUREAU OF LABOR STATISTICS*
S e c . 7 . Nothing in this net shall be construed to relieve any employer or employee from penalty for failure or neglect to perform
any statutory duty.
Willful mis- Sec. 8. No compensation shall be allowed for an injury or death
conduct, etc.
^ue to the employee’s willful misconduct, including intentional
self-inflicted injury, Intoxication, and willful failure or refusal
to use a safety appliance or perform a duty required by statute.
The burden of proof shall be on the defendant employer.
Exemptions.
gEC. 9. This act, except section 67, shall not apply to casual
laborers, to farm or agricultural laborers and to domestic servants,
nor to eihployers of such persons, unless such employees and their
employers voluntarily elect in the manner hereinafter specified to
be bound by this act.
rogated!SCS
Sec. 10. Every employer who elects not to operate under this
act shall not in any suit at law by an employee to recover dam
ages for personal injury or death by accident be permitted to
defend any such suit at law upon any one or all of the following
grounds:
(a) That the employee was negligent;
(b) That the injury was caused by the negligence of a fellow
employee;
(c) That the employee had assumed the risk of the injury.
Employee re- gEC# n . Every employee who elects not to operate under this act
jecting act.
g^all, in any action to recover damages for personal injury or
death brought against an employer accepting the compensation
provisions of this act, proceed at common law, and the employer
may avail himse’f of the defenses of contributory negligence, neg
ligence of a fellow servant, and assumption of risk, as such de
fenses exist at common law.
Rejection by Sec. 12. When both the employer and employee elect not to opboth parties. erate under this act, the liability of the employer shall be the same
as though he alone had rejected the terms of this act, and in any
suit brought against him the employer shall not be permitted to
avail himself of any of the common-law defenses cited in sec
tion 11.
Liability o f Sec. 13. Whenever an injury for which compensation is payable
third persons.
this act shall have been sustained under circumstances
creating in some other person than the employer a legal liability
to pay damages in respect thereto, the injured employee may at
his option either claim compensation or proceed at law against
such other person to recover damages or proceed against both
the employer and such other person, but he shall not collect from
both; and if compensation is awarded under this act the em
ployer having paid the compensation or having become liable
therefor, may collect in his own name or that of the injured em
ployee from the other person in whom legal liability for damages
exists, the indemnity paid or payable* to the injured employee.
Em ployees o f
S e c . 14. A principal, intermediate, or subcontractor shall be liable
tors contrac“ for compensation to any employee injured while in the employ of
any one of his subcontractors and engaged upon the subject matter
of the contract to the same extent as tie immediate employer.
Any principal, intermediate, or subcontractor who shall pay com
pensation under the foregoing provision may recover the amount
paid from any person who, independently of this section, would
have been liable to pay compensation to the injured employee.
Every claim for compensation under this section shall in the
first instance be presented to and instituted against the immediate
employer, but such proceeding shall not constitute a waiver of the
employee’s rights to recover compensation under this act from the
principal or intermediate contractor: Provided, That the collection
of full compensation from one employer shall bar recovery by the
employee against any others, nor shall he collect from all a total
compensation in excess of the amount for which any of the said
contractors is liable.
V iolation o f
statute.
COMPENSATION LEGISLATION, 1914, 1915— INDIANA*
139
This section shall apply only in cases where the injury occurred
on, in, or about the premises on which the principal contractor has
undertaken to execute work or which are otherwise under his
control or management.
Sec. 15. No contract or agreement, written or implied, no rule, Waivers,
regulation, or other device shall in any manner operate to relieve
any employer, in whole or in part, of any obligation created by
this act except as herein provided.
Sec. 16. All rights of compensation granted by this act shall have Preferences*
the same preference or priority for the whole thereof against the
assets of the employer as is allowed by law for any unpaid wages
for labor.
Sec. 17. No claim for compensation under this act shall be as- Assignments,
signable, and all compensation and claims therefor shall be exempt
from all claims of creditors.
Sec. 18. The provisions of this act, except sections 3, 4, 10, 11, Public emand 12, shall apply to the State and any municipal corporation ployments#
within the State, or any political division thereof, and to the em
ployees thereof.
Sec. 19. This act, except section 67, shall not apply to employees Interstate
engaged in interstate or foreign commerce, nor to their employers,commercein case the laws of the United States provide for compensation or
for liability for injury or death by accident of such employees.
S ec . 20. Every employer and employee under this act, except ad Injuries outprovided in section 19, shall be bound by the provisions of the actside State,
whether injury by accident or death resulting from such injury
occurs within the State or in some other State or in a foreign
country.
Sec. 21. The provisions of this act shall not apply to injuries or Prior injudeath nor to accidents which occurred prior to the taking effectries*
of this act.
Pabt II.
S e c t io n 2 2 . Every injured employee or his representative shall
immediately upon the occurrence of an injury, or as soon thereafter
as practicable, give or cause to be given to the employer written
notice of the injury, and the employee shall not be entitled to
physician’s fees nor to any compensation which may have accrued,
under the terms of this act, prior to the giving of such notice, un*
less it can be shown that the employer, his agent, or representative
had knowledge of the injury or death, or that the party required
to give such notice had been prevented from doing- so by reason
of physical or mental incapacity or the fraud or deceit of some
third person, or for equally good reason; but no compensation
shall be payable unless such written notice is given within thirty
days after the occurrence of the injury or death, unless reasonable
excuse is made to the satisfaction of the industrial board for not
giving such notice.
Seo. 23. The notice provided in the foregoing section shall state
in ordinary language the name and address of the employee, the
time, place, nature, and cause of the injury or death, and shall be
signed by the employee or by a person on his behalf, or, in the
event of his death, by any one or more of his dependents or by a
person in their behalf.
No defect or inaccuracy in the notice shall be a bar to compensa
tion unless the employer shall prove that his interest was preju
diced thereby, and then only to the extent of such prejudice.
Said notice shall be given personally to the employer or any of
his agents upon whom a summons in. civil action may be served
under the laws of the State, or may be sent by registered letter
addressed to the employer at his last known residence or place of
business.
S e c . 24. The right to compensation under this act shall be forever barred unless within two years after the injury, or, if death
results therefrom, within two years after such death, a claim for
compensation thereunder shall be filed with the industrial board.
Notice,
Contents,
Claim,
140
BULLETIN OF THE BUREAU OF LABOK STATISTICS.
Sec. 25. During the thirty days after an injury the employer
phall furnish 01* cause to be furnished free of charge to the In
jured employee, and the employee shall accept, and during the
whole or any part of the remainder of his disability resulting from
the injury the employer may, at his own option, continue to fur
nish or cause to be furnished, free of charge to the employee, and
the employee shall accept, an attending physician: Provided, hoioovcr, Unless otherwise ordered by the industrial board, and, in
addition, such surgical and hospital service and supplies as may
be deemed necessary by said attending physician or the industrial
board.
ltefusiug aid. The refusal of the employee to accept such service when pro
vided by the employer shall bar said employee from further com
pensation until such refusal ceases, and no compensation shall at
any time be payable for the period of suspension unless in the
opinion of the industrial board the circumstances justify the re
fusal, in which case the board may order a change in the medical
or hospital service.
If in an emergency or on account of the employer’s failure to
provide the medical care for the first thirty days, as herein speci
fied, or for other good reason, a physician other than that provided
by the employer is called to treat the injured employee during the
first thirty days, the reasonable cost of such service shall be paid
by the employer, subject to the approval of the industrial board.
Charges.
Sec. 26. The pecuniary liability of the employer for medical,
surgical, and hosj>ital service herein required shall be limited to
such charges as prevail in the same community for similar treat
ment of injured persons of a like standard of living when such
treatment is paid for by the injured person,
amtoatfons e*’ Se0- 27* After an *njlll’y and during the period of resulting dis
ability, the employee, if so requested by his employer or ordered
by the industrial board, shall submit himself to examination, at
reasonable times and places, by a duly qualified physician or
surgeon designated and paid by the employer or the industrial
board. The employee shall have the right to have present at any
such examination any duly qualified physician or surgeon pro
vided and paid by him. No fact communicated to, or otherwise
learned by any physician or surgeon who may have attended or
examined the employee, or who may have been present at any
examination, shall be privileged, either in the hearings provided
for in this act, or any action at law brought to recover damages
against any employer who may have accepted the compensation
provisions of this act. If the employee refuses to submit himself
to or in any way obstructs such examination, his right to com
pensation and his right to take or prosecute any proceeding under
this act shall be suspended until such refusal or obstruction
ceases, and no compensation shall at any time be payable for
the period of suspension unless in the opinion of the industrial
board the circumstances justify the refusal or obstruction.
The employer or the industrial board shall have the right in
any case of death to require an autopsy at the expense of the
party requiring the same.
W a i t i n g Sec. 28. No compensation shall be allowed for the first fourteen
tlmecalendar days of disability resulting from an injury, except the
benefits provided for in section 25; but if disability extends be
yond that period compensation shall commence with the fifteenth
day after the injury.
T°tai disa- Sec. 29. Where the injury causes total disability for work,
biiity.
there shall be paid to the injured employee during such total dis
ability, but not including the first two weeks thereof, a weekly
compensation equal to fifty-five per cent of his average weekly
wages for a period not to exceed five hundred weeks.
biiitaitial <llsu Sec. 30. Where the injury causes partial disability for work
y‘
there shall be paid to the injured employee during such disability,
but not including the first two weeks thereof, a weekly compen
sation equal to one-half of the difference between his “ average
weekly wages” and the weekly wages at which he is actually
_
services.
otc~
COMPENSATION LEGISLATION, 1914, 1915— INDIANA.
141
employed after the injury for a period not to exceed three hun
dred weeks.
In case the partial disability begins after a period of total dis
ability, the latter period shall be deducted from the maximum
period allowed for partial disability.
S e c . 31. For injuries in the following schedule the employee
Schedule,
shall receive in lieu of all other compensation a weekly compen
sation equal to fifty-five per cent of his average weekly wages for
the periods stated against such injuries, respectively, to wit:
(a) For the loss by separation of not more than one phalange
of a thumb or not more than two phalanges of a finger, 15 weeks;
(b) For the loss by separation of more than two phalanges of
a finger or of a whole finger or a toe, 30 weeks;
(c) For the loss by separation of more than one phalange of a
thumb or of a whole thumb, 60 weeks;
(d) For the permanent and irrecoverable loss of the sight of
one eye or its reduction to one-tenth of normal vision with glasses,
100 weeks;
(e) For the loss by separation of one foot at or above the ankle
joint, 125 weeks;
( f ) For the loss by separation of one hand at or above the wrist
joint, 150 weeks;
(g) For the loss by separation of one leg at or above the knee
joint, 175 weeks;
(h) For the loss by separation of one arm at or above the elbow
joint, 200 weeks;
(i) For the permanent and complete loss of hearing, 75 weeks.
In all other cases of permanent partial disability, including any
disfigurement which may impair the future usefulness or oppor
tunities of the injured employee, compensation in lieu of all other
compensation shall be paid when and in the amount determined by
the industrial board, not to exceed fifty-five per cent of average
weekly wages per week for a period of two hundred weeks.
S ec . 32 . If an injured employee refuses employment suitable to R efusing emhis capacity procured for him, he shall not be entitled to anyp ym *
compensation at any time during the continuance of such refusal,
unless in the opinion of the industrial board such refusal was
justifiable.
S e c . 33. If an employee has sustained a permanent injury to. S u b s e q u e n t
another employment than that in which he received a subsequent
permanent injury by accident, such as specified in section 31, he
shall be entitled to compensation for the subsequent injury in the
same amount as if the previous injury had not occurred.
S e c . 34. If an employee receive an injury for which compen- 1ui L two in‘
sation is payable while he is still receiving or entitled to compensation for a previous injury in the same employment, he shall
not at the same time be entitled to compensation for both in
juries unless it be for a permanent injury, such as specified in
section 31; but he shall be entitled to compensation for that injury
and from the time of that injury which will cover the longest
period and the largest amount payable under this act.
%Sec. 35. If an employee receives a permanent injury, such as nentWiniuriSa
specified in section 31, after having sustained another permanent
injury in the same employment, he shall be entitled to compensa
tion for both injuries, but the total compensation shall be paid by
extending the period and not by increasing the amount of weekly
compensation.
When the previous and subsequent permanent injuries result in
total permanent disability, compensation shall be payable for per
manent total disability, but payments made for the previous in
jury shall be deducted from the total payment of compensation
due.
S e c . 36. When an employee receives or is entitled to compensa- ini? C om pen sa
tion under this act for an injury and dies from any other cause tion period,
than the injury for which he was entitled to compensation, pay
ment of the unpaid balance of compensation shall be made to his
next of kin dependent upon him for support.
142
BULLETIN OF THE BUREAU OP LABOR STATISTICS.
, B«riai and gEc. 37. Where death results from the injury within three liunDeneflts*dred weeks, there shall be paid in addition to burial expenses
not to exceed one hundred dollars, a weekly compensation equal
to one-half of the deceased’s average weekly wages during such
remaining part of three hundred weeks as compensation shall not
have been paid to the deceased for total or partial disability, to
all dependents of the employee wholly dependent upon his earn
ings for support at the time of the injury. If the employee leaves
dependents only partially dependent upon his earnings for sup
port at the time of the injury, the weekly compensation to those
dependents shall, in addition to burial expenses, not to exceed one
hundred dollars, be in the same proportion to the weekly com
pensation for persons wholly dependent as the amount contributed
by the deceased employee to such partial dependent bears to his
annual earnings at the time of the injury.
Dependents. Sec. 38. The following persons shall be conclusively presumed
to be wholly dependent for support upon a deceased employee:
(a) A wife upon a husband with whom she lives at the time of
his death.
(b) A husband upon a wife with whom he lives at the time of
her death if he is then incapable of self-support and actually
dependent upon her.
(c) A boy under the age of 18, or a girl under the age of 18,
upon the parent with whom he or she is living at the time of the
death of such parent, there being no surviving dependent parent.
If a child is over the ages specified above, but physically or
mentally incapacitated from earning, he or she shall be presumed
to be totally dependent if there is no surviving dependent parent.
As used in this section the term “ boy,” “ girl,” or “ child” shall
include stepchildren, legally adopted children, posthumous chil
dren, acknowledged illegitimate children, but shall not include
married children; the term “ parent” shall include step-parents
and parents by adoption.
In all other cases questions of dependency, in whole or in part,
shall be determined in accordance with the fact, as the fact may
be at the time of the injury; and in such other cases, if there is
more than one person wholly dependent, the death benefit shall
be divided among them; and persons partly dependent, if any,
shall receive no part hereof; if there is no one wholly dependent
and more than one person partly dependent, the death benefit
shall be divided among them according to the relative extent of
their dependency.
For the purposes of this act the dependence of a widow or
widower of a deceased employee and dependent children living
with said widow or widower shall terminate with remarriage;
and the amount received by her shall be divided among other de
pendents in the proportion in which they are receiving compensa
tion, and in the event of the separation of the wife from her sec
ond or subsequent husband and her obtaining a divorce upon her
own application, then she shall receive the same compensation for
which she would have been entitled had she not remarried, but
the time from the date of the remarriage to the date of the divorce
shall be deducted from the time compensation runs; and the de
pendence of a child, except a child physically or mentally in
capacitated from earning, shall terminate with the attainment of
18 years of age.
dents110
Sec. 39. If the deceased employee leaves no dependents the em
ployer shall pay the burial expense of the deceased, not to exceed
one hundred dollars.
Limits of Sec. 40. In computing compensation under the foregoing secbenefits.
tions the average weekly wages of an employee shall be con
sidered not to be more than twenty-four dollars nor less than ten
dollars: And provided further, That the total compensation pay
able under this act shall in no case exceed five thousand dollars
($5,000).
Advanced Sec. 41. Any payments made by the employer to the injured empayments.
pioyee during the period of his disability, or to his dependents,
COMPENSATION LEGISLATION, 1914, 1915— INDIANA,
143
which by the terms of this act were not due and payable when
made, may, subject to the approval of the industrial board, be
deducted from the amount to be paid as compensation: Providedt
That in case of disability such deduction shall be made by shorten
ing the period during which compensation must be paid and not
by reducing the amount of the weekly payments, unless otherwise
hereinafter specified.
Sec. 42. The industrial board upon the application of either Time of pay
party, may, in its discretion, having regard to the welfare of the ments.
employed and the convenience of the employer, authorize compen
sation to be paid monthly or quarterly instead of weekly.
Sec. 43. Whenever any weekly payment has been continued for Lump sums.
not less than 26 weeks, the liability therefor may, in unusual cases,
where the parties agree and the industrial board deems it to be for
the best interests of the employee or his dependents, be re
deemed by the payment, in whole or in part, by the employer, of a
lump sum which shall be fixed by the board, but in no case to
exceed the commutable value of the future installments which
may be due under this act. The board may, however, in its dis
cretion at-any time in the case of a minor who has received per
manently disabling injuries, either partial or total, provide that
he be compensated in whole or in part by the payment of a lump
sum, the amount of which shall be fixed by the board, but in no
case to exceed the commutable value of the future installments
which may be due under this act.
Sec. 44. Whenever the industrial board deems it expedient, any Trustees.
lump sum under the foregoing section shall be paid by the em
ployer to some suitable person or corporation appointed by the
circuit or superior court, as trustee, to administer the same for
the benefit of the person entitled thereto, in the manner provided
by the board. The receipt of such trustee for the amount as
paid shall discharge the employer or anyone else who is liable
therefor.
Sec. 45. Upon its own motion or upon the application of any party Reviews.
in interest on the ground of a change in condition, the industrial
board may at any time review any award and on such review
may make an award ending, diminishing, or increasing the com
pensation previously awarded, subject to the maximum or mini
mum provided in this act, and shall immediately send to the
parties a copy of the award. No such review shall affect such
award as regards any moneys paid.
Sec. 48. Whenever payment of compensation is made to a widow Receipts.
or widower for her or his use, or for her or his use and the use
of a child or children, the written receipt thereof by* such widow
or widower shall acquit the employer.
Whenever payment is made to any person eighteen years of age
or over, the written receipt of such person shall acquit the em
ployer.
Whenever payment is made to a minor under the age of eighteen
years, or to a dependent child over the age of eighteen, the same
shall be made to some suitable person or corporation appointed
by the circuit or superior court as trustee, and the receipt of
such trustee shall acquit the employer: Provided, However, That
the industrial board may review the facts and circumstances
surrounding the payment of any money and the taking of any
receipt, as provided in this section, and may set the same aside
either for fraud or undue influence.
In c o m p e
Sec. 47. If an injured employee is mentally incompetent or is
under eighteen years of age at the time when any right or privi tent^
lege accrues to him under this act, his guardian or trustee may in
his behalf claim and exercise such right or privilege.
Sec. 48. No limitation of time provided in this act shall run as Limit a t i o i
against any person who is mentally incompetent or a minor de not to run.
pendent, so long as he has no guardian or trustee.
Sec. 49. Whenever any employee for whose injury or death com T w o
ei
pensation is payable under this act shall at the time of the injury ployers.
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
lie in the joint service of two or more employers subject to this
act, suck employers shall contribute to the payment of such com
pensation in proportion to their wage liability to such employees:
Provided, However, That nothing in this section shall prevent any
reasonable arrangement between such employers for a different
distribution as between themselves of the ultimate burden of
compensation.
P art III.
Section 50. There is liereoy created a board which shall be
known as the Industrial Board of Indiana, which shall consist of
three members, not more than two of whom shall belong to the
same political party, appointed by the governor, one of whom he
shall designate as chairman. Each member of the board shall hold
office for four years, and until his successor is appointed and
qualified, except that when the board is first constituted, one
member shall be appointed for three years, one for four years,
and the third shall be the present chief of the State bureau of
inspection, who shall serve for one year as hereinafter provided.
Thereafter, upon the expiration of the term of any member, the
governor shall appoint his successor for the full term of four
years.
Each member of the board shall devote his entire time to the
duties of his office and shall not hold any position of trust or
X>rofit or engage in any occupation or business interfering or incont Bistent with his duties as such member.
Sec. 51. The salary of each member of the board shall be four
thousand dollars per year each.
The board may appoint a secretary at a salary of not more than
twenty-five hundred dollars a year and may remove him. The
board may also, subject to the approval of the governor, employ
such clerical and other assistants as it may deem necessary and
fix the compensation of all persons so employed.
The members of the board and its assistants shall be entitled to
receive from the State their actual and necessary expenses while
traveling on the business of the board, but such expenses shall be
sworn to by the person who incurred the same and shall be ap
proved by the chairman of the board before payment is made.
All salaries and expenses of the board shall be audited and paid
out of the State treasury in the manner prescribed for similar
f expenses in other departments or branches of the State service.
Sec. 52. The rights, powers, and duties conferred by law upon
the State bureau of inspection of the State of Indiana are hereby
continued in full force and are hereby transferred to the industrial
board hereby created and shall be held and exercised by them
under the laws heretofore in force and the said State bureau of
inspection is hereby abolished. The present chief inspector of
said State bureau of inspection is hereby made a member of said
industrial board until the expiration of one year from the date of
the taking effect of this act and until his successor is appointed
and qualified. The deputy inspectors heretofore appointed by the
governor as deputy injectors in said State bureau of inspection,
to wit: Inspector of buildings, factories, and workshops, inspector
of boilers, and inspector of mines and mining, together with their
assistant inspectors, are hereby continued in their respective of
fices, at their present salaries, until the expiration of the terms
for which they are respectively appointed and until their suc
cessors are appointed and qualified, and each of them respectively
shall have and perform all the rights, powers, and duties now held
and performed by each of them, respectively, together with such
other rights, powers, and duties as may be prescribed by said
industrial board. Upon the termination of the said terms of
office for which said deputy inspectors have been appointed, said
industrial board, with the concurrence of the governor, shall ap
point their successors to serve during the pleasure of said indus
trial board.
ia l
COMPENSATION LEGISLATION,
1914, 1015--- INDIANA.
145
Sec. 53. All the rights, powers, and ..duties of the labor commis- Labor com*
sion of the State of Indiana, heretofore created and subsequently j^hed
transferred to and vested in the State bureau of inspection, are
hereby abolished.
S e c . 54. The board shall be provided with adequate offices in the
Offices,
capitol or some other suitable building In the city of Indianapolis,
in which the records shall be kept and its official business be
transacted during regular business hours; it shall also be pro
vided with necessary office furniture, stationery, and other sup
plies.
The board or any member thereof may hold sessions at any
place within the State as may be deemed necessary.
Sec. 55. The board may make rules not inconsistent with this act Rulesfor carrying out the provisions of this act. Processes and pro
cedure under this act shall be as summary and simple as reason
ably may be. The board or any member thereof shall have the
power for the purpose of this act to subpoena witnesses, adminis
ter or cause to have administered oaths, and to examine or cause
to have examined such parts of the books and records of the
parties to a proceeding as relate to questions in dispute.
The county sheriff shall serve all subpoenas of the board and
shall receive the same fees as now provided by law for like
service in civil actions; each witness who appears in obedience
to such subpoena of the board shall receive for attendance the
fees and mileage for witnesses in civil cases in the courts.
The circuit or superior court shall, on application of the board
or any member thereof, enforce by proper proceedings the attend
ance and testimony of witnesses and the production and examina
tion of books, papers, and records.
S ec . 56. The board shall prepare and cause to be printed, and
Form s,
upon request furnish free of charge to any employer or employee,
such blank forms and literature as it shall deem requisite to
facilitate or promote the efficient administration of this act.
The board shall tabulate the accident reports received from em- Annual r e ployers in accordance with section 67, and shall publish the same P°rtsin the annual report of the board and as often as it may deem
advisable, in such detailed or aggregate form as it may deem best.
The name of the employer or employee shall not appear in such
publications and the employers’ reports themselves shall be private
records of the board and shall not be open for public inspection
except for the inspection of the parties directly involved, unless
in the opinion of the board the public interest shall require other
wise. These reports shall not be used as evidence against any em
ployer in any suit at law brought by any employee for the recovery
of damages.
S ec . 57. If after fourteen days from the date of the injury or
M em oranat any time in case of death the employer and the injured em-dum. of agreeployee or his dependents reach an agreement in regard to compen-ments*
sation under this act, a memorandum of the agreement in the form
prescribed by the industrial board shall be filed with the board;
otherwise such agreement shall be voidable by the employee or his
dependents.
If approved by the board, thereupon the memorandum shall for
nil purposes be enforceable by the court decree as hereinafter
specified. Such agreement shall be approved by said board only
when the terms conform to the provisions of this act.
S e c . 58. If the employer and the injured employee or his deReference t©
pendents fail to reach an agreement in regard to c o m p e n s a t io n board,
under this act, or if they have reached such an agreement which
has been signed and filed with the board and compensation has
been paid or is due in accordance therewith, and the parties
thereto then disagree as to the continuance of any weekly pay
ment under such agreement, either party may make an appli
cation to the industrial board for a hearing in regard to the
matters at issue and for a ruling thereon.
Immediately after such application has been received the board Hearing,
shall set the date for a hearing, which shall be held as soon as
7044°—Bull. 185—15----- 10
146
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
practicable, and shall notify the parties at issue of the time and
place of such hearing. The hearing shall be held in the county
where the injury occurred.
Award.
gEC# 59. The board or any of its members shall hear the parties
at issue and their representatives and witnesses and shall deter
mine the dispute in a summary manner. The award, together with
a statement of the findings of fact, rulings of law, and any other
matters pertinent to the question at issue shall be filed with the
record of proceedings, and a copy of the award shall immediately
be sent to the parties in dispute.
Review.
Sec. 60. If an application for review is made to the board within
seven days from the date of the award, the full board, if the first
hearing was not held before the full board, shall review the evi
dence, or if deemed advisable as soon as practicable hear the
pi rties at issue, their representatives and witnesses, and shall
make an award and file same in like manner as specified in the
foregoing section.
Appeals.
Sec. 61. An award of the board, as provided in section 59, if
not reviewed in due time, or an award of the board upon such
review as provided in section 60, shall be conclusive and binding
as to all questions of fact, but either party to the dispute may
within thirty days from the date of the award appeal to the
appellate court for errors of law under the same terms and con
ditions as govern appeals in ordinary civil actions.' The board, of
its own motion, may certify questions of law to said appellate
court for its decision and determination.
Enforcement. Sec. 62. Any party in interest may file in the circuit or superior
court of the county in which the injury occurred a certified copy
of a memorandum of agreement approved by the board or of an
order or decision of the board, or of an award of the board un
appealed from, or of an award of the board rendered upon an
appeal, whereupon said court shall render judgment in accordance
therewith and notify the parties. Such judgment shall have the
same effect and all proceedings in relation thereto shall thereafter
be the same as though said judgment had been rendered in a suit
duly heard and determined by said court.
Any such judgment of said circuit or superior court unappealed
from or affirmed on appeal or modified in obedience to the mandate
of the appellate court shall be modified to conform to any de
cision of the industrial board, ending, diminishing, or increasing
any weekly payment under the provisions of section 45 of this act,
upon the presentation to it of a certified copy of such decision.
Costs.
Sec. 63. If the industrial board or any court before whom any
proceedings are brought under this act shall determine that such
proceedings have been brought, prosecuted, or defended without
reasonable ground, it may assess the whole cost of the proceedings
upon the party who has so brought, prosecuted, or defended them.
Medical e x
Sec. 64. The board or any member thereof may, upon the appliam ination.
cation of either party or upon its own motion, appoint a disinter
ested and duly qualified physician or surgeon to make any neces
sary medical examination of the employee and to testify in re
spect thereto. Said physician or surgeon shall be allowed travel
ing expenses and a reasonable fee to be fixed by the board, not
exceeding ten dollars for each examination and report, but the
board may allow additional reasonable amounts in extraordinary
cases.
The fees and expenses of such physician or surgeon shall be
paid by the State.
Fees.
S e c . 65. Fees of attorneys and physicians and charges of hos
pitals for services under this act shall be subject to the approval
of the board.
Settlem ent o f
S e c . 66 . All questions arising under this act, if not settled* by
disputes.
agreement of the parties interested therein with the approval of
the board, shall be determined by the board except as otherwise
herein provided for.
Reports of Sec. 67. Every employer shall hereafter keep a record of all
injuries.
injuries, fatal or otherwise, received by his employees in the
COMPENSATION LEGISLATION, 1914, 1915— INDIANA,
147
course of tlieir employment. Witliin one week after the occurrence
and knowledge thereof, as provided in section 2, of an injury to
an employee causing his absence from work for more than one
day, a report thereof shall be made in writing and mailed to the
industrial board on blanks to be procured from the board for
the purpose.
Upon the termination of the disability of the injured employee,
or if the disability extends beyond a period of GO days, then also
at the expiration of such period the employer shall make a sup
plementary report to the board on blanks to be procured from
the board for the purpose.
The said reports shall contain the name, nature, and location
of the business of the employer, and name, age, sex, wages, and
occupation of the injured employee, and shall state the date and
hour of the accident causing the injury, the nature and cause of
the injury, and such other information as may be required by the
board.
Any employer who refuses or neglects to make the report re
quired by this section shall be liable for a penalty of not more than
twenty-five dollars for each refusal or neglect, to be recoverable
in any court of competent jurisdiction in a suit by the board.
P akt IV.
Section 68. Every employer under this act shall either insure Insurance reand keep insured his liability hereunder in some corporation, asso- quired.
elation, or organization authorized to transact the business of
workmen’s compensation insurance in this State, or shall furnish
to the industrial board satisfactory proof of his financial ability F i n a n c i a l
to pay direct the compensation in the amount and manner andabluty*
when due as provided for in this act. In the latter case the board
may, ia its discretion, require the deposit of an acceptable se
curity, indemnity, or bond to secure the payment of compensation
liabilities as they are incurred.
Sec. 69. Every employer accepting the compensation provisions Evidence of
of this act shall within thirty days after this act takes effect file compliance‘
with the board in form prescribed by it, and thereafter annually
or as often as may be necessary, evidence of his compliance with
tlie provisions of section 68 and all others relating thereto.
If such employer refuses or neglects to comply with these pro
visions he shall be punished by a fine of ten cents for each em
ployee at the time of the insurance becoming due, but not less
than one dollar nor more than fifty dollars for each day of such
refusal or neglect and until the same ceases, and he shall be
liable during continuance of such refusal or neglect to an em
ployee either for compensation under this act or at law in the
same manner as provided for in section 10.
Sec. 70. Whenever an employer has complied with the provisions Certificate,
of section 68, relating to self-insurance, the industrial board shall
issue to such employer a certificate which shall remain in force for
a period fixed by the board, but the board may upon at least sixty
days’ notice and a hearing to the employer revoke the certificate
upon satisfactory evidence for such revocation having been pre
sented. After the expiration of one year from such revocation
the board may grant a new certificate to the employer upon his
petition.
Sec. 71. For the purpose of complying with the provisions of Mutual comsection 68, groups of employers, to form mutual insurance associa- panies.
tions or reciprocal insurance associations subject to such reason
able conditions and restrictions as may be fixed by the industrial
board, are hereby authorized. Membership in such mutual in
surance associations or reciprocal insurance associations so ap
proved, together with evidence of the payment of premiums due,
shall be evidence of compliance with section 68.
Sec. 72. Subject to the approval of the industrial board any substitute
employer may enter into or continue any agreement with his schemes,
employees to provide a system of compensation, benefit, or in
148
BULLETIN OF THE BUREAU OP LABOR STATISTICS!
suranee in lieu of tlie compensation and insurance provided by
this act. No such substitute system shall be approved unless it
confers benefits upon injured employees at least equivalent to the
benefits provided by this act, nor if it requires contributions from
the employees unless it confers benefits in addition to those pro
vided under this act at least commensurate with such contribu
tions.
Such substitute system may be terminated by the industrial
board on reasonable notice and hearing to the interested parties
if it shall appear that the same is not fairly administered or if its
operation shall disclose latent defects threatening its solvency, or
if for any substantial reason it fails to accomplish the purposes
oi this net; and in this case the board shall determine upon the
proper distribution of all remaining assets, if any, subject to the
right of any party in interest to take an appeal to the appellate
court.
P rovision s of
Sec. 73. All policies insuring the payment of compensation under
policies.
this act must contain a clause to the effect that as between the
employer and the insurer the notice to or knowledge of the
occurrence of the injury on the part of the insured shall be
deemed notice or knowledge, as the case may be, on the part of
the insurer; that jurisdiction of the insured for the purposes of
this act shall be jurisdiction of the insurer; and that the insurer
shall in all things be bound by and subject to the awards, judg
ments, or decrees rendered against such insured.
1 ®ame s u b “ S e c . 74. No policy of insurance against liability arising under
3 ‘
this act* shall be issued unless it contains the agreement of the in
surer that it will promptly pay to the person entitled to same all
benefits conferred by this act and all installments of the com
pensation that may be awarded or agreed upon, and that the obli
gation shall not be affected by any default of the insured after the
injury, or by any default in the giving of any notice required by
such policy, or otherwise. Such agreement shall be construed to
be a direct promise by the insurer to the person entitled to com
pensation enforceable in his name.
presump* S e c . 75. Every policy for the insurance of the compensation
tions.
herein provided, or against liability thereof, shall be deemed to be
made subject to the provisions of this act. No corporation, asso
ciation, or organization shall enter into any such policy of in
surance unless its form shall have been approved by the industrial
board.
P art Y .
Definitions.
76. In this act unless the context otherwise requires:
(a) “ Employer” shall include the State and any municipal
corporation within the State or any political division thereof, and
any individual, firm, association, or corporation or the receiver or
trustee of the same or the legal representatives of a deceased
employer, using the services of another for pay. If the employer
is insured it shall include his insurer so far as applicable.
(b) “ Employee ” shall include every person, including a minor,
in the service of another under any contract of hire or apprentice
ship, written or implied, except one whose employment is both
casual and not in the usual course of the trade, business, occupa
tion, or profession of the employer. Any reference to an em
ployee who has been injured shall, when the employee is dead,
also include his legal representatives, dependents, and other per
sons to whom compensation may be payable.
(c) “Average weekly wages” shall mean the earnings of the
injured employee in the employment in which he was working at
the time of the injury during the period of fifty-two weeks imme
diately preceding the date of injury, divided by fifty-two; but if
tlie injured employee lost more than seven consecutive calendar
days during such period, although not in the same week, then the
earnings for the remainder of such fifty-two weeks shall be divided
by the number of weeks remaining after the time so lost has been
S e c t io n
COMPENSATION LEGISLATION,
1914, 1915— INDIANA,
149
deducted. Wliere the employment prior to the injury extended
oner a period of less than fifty-two weeks, the method of dividing
the earnings during that period by the number of weeks and parts
thereof during which the employee earned wages shall be fol
lowed provided results just and fair to both parties will thereby
be obtained. Where by reason of the shortness of the time dur
ing which the employee has been in the employment of his em
ployer or the casual nature or terms of the employment, it is
impracticable to compute the average weekly wages as above
defined, regard shall be had to the average weekly amount which
during the fifty-two weeks previous to the injury was being earned
by a person in the same grade employed at the same work by the
same employer, or if there is no person so employed, by a person
in the same grade employed in the same class of employment in
the same district.
Wherever allowances of any character made to an employee in
lieu of wages are specified part of the wage contract, they shall be
deemed a part of his earnings.
(d)
“ Injury” and “ personal injury” shall mean only injury
by accident arising out of and in the course of the employment
and shall not include a disease in any form except as it shall
result from the injury;
S ec . 77 . If any section or provision of this act be decided by the
P rov ision s
courts to be unconstitutional or invalid, the same shall not affect severable
the validity of this act as a whole or any part thereof other than
the part so decided to be unconstitutional or invalid.
S e c . 78. All acts and parts of acts inconsistent with any proviRepeal
sions of this act are hereby repealed to the extent of such incon
sistency.
S e c . 79 . This act shall take effect on the first day of September*
A ct in effect.
1915, except that Part III with the exception of section 67 , shall
take effect upon the passage of this act.
Sec. 80. For the purpose of paying the salaries and expenses of A p p r o p r l a
the members of the industrial board and its employees, the sum tion.
of $70,000 per year or so much thereof as may be necessary is
hereby appropriated.
Sec. 81. The provisions of this act shall not affect pending liti- P e n d i n g
gation.
causes.
Sec. 82. Whereas an emergency exists for the immediate taking Emergency,
effect of Part III of this act with the exception of section 67, said
Part III with said exception shall be in full force from and after
the passage of this act.
LOUISIANA.
ACTS OF 1914.
A ct No. 20.—Compensation of workmen for injuries.
Section 1. This act shall apply only to the following:
Scope of law.
1. Every person in the service of the State, or of any parish,
township, incorporated village or city, or other political subdivi
sion, or incorporated public board or commission in this State
authorized by law to hold property and to sue and be sued, under
any appointment or contract of hire, express or implied, oral or
written, except an official of the State, or of any parish, township,
incorporated village or city, or other political subdivision, or in
corporated public board or commission in this State authorized
by law to hold property and to sue and be sued; and for such
employee and employer the payment of compensation, according
to and under the terms, conditions, and provisions hereinafter set
out in this act, shall be exclusive, compulsory, and obligatory:
Provided, That one employed by a contractor who has contracted
with the State, parish, township, incorporated village or city, or
other political subdivision, or incorporated public board or com
mission in the State, through its proper representative, shall not
be considered an employee of the State, parish, township, incor
porated village or city, or other political subdivision, or incorpo
rated public board or commission.
2. Every person performing services arising out of and inci
dental to his employment in the course of his employer’s trade,
business,, or occupation in the following hazardous trades, busi
nesses, and occupations:
(a)
The operation, construction, repair, removal, maintenance, Hazardous
and demolition of railways and railroads, vessels, boats, and othertrades*
water crafts, terminal docks, street railways, factories, mills, in
cluding rice mills, cotton-oil mills, sawmills, shingle mills, plan
ing mills and syrup mills, power laundries, power bakeries, found
ries, forges, smelters, blast furnaces, machine shops, coke-burning
plants, lime-burning plants, bleaching works, dyeing works, pot
teries, phosphate and sulphur works, rendering works, slaughter
houses, meat-packing plants, ice plants, warehouses, marble or
stone cutting or polishing plants, shipbuilding and ship-repairing
plants and yards, mines, mining plants, quarries, oil, gas, sulphur,
salt or other wells, heating plants, lighting plants, power plants,
waterworks, pumping works, coal yards, lumberyards, buildingmaterial yards, derricks, bridges, junk yards, malt houses, brew
eries, freight or passenger elevators, stockyards, harvesting ma
chinery, thrashing machine, cotton gins, cotton compresses, sugarhouses, sugar and other refineries, sash and door factories, wood
working establishments, printing and photo-engraving establish
ments, bookbinding and general presswork, skidders, engineering
works. Rigging or coaling of vessels, or loading or unloading
the cargoes of vessels, logging and lumbering, storing ice, paving
with asphalt or other molten material, excavating or grading with
power machinery or with the use of an explosive, working in
compressed air, dredging, pile driving, boring, moving safes,
chimney sweeping. The construction, installation, operation, al
teration, removal, or repair of wires, cables, switchboards or
apparatus charged with electrical current. Work in any of the
building or metal trades in the erection, construction, extension,
decoration, alteration, repair, or demolition of any building or
structural appurtenances, Any occupation entailing the manufac-
152
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
ture, transportation, care of, use of, or regular proximity to dan
gerous quantities of gunpowder, dynamite, nitroglycerine, and
other like dangerous explosives. The installation, repair, erec
tion, removal, or operation of boilers, furnaces, engines, and other
forms of machinery.
Definitions.
“ Factory ” means any premises wherein mechanical power is
used in manufacturing, making, altering, adapting, ornamenting,
finishing, repairing, or renovating any article or articles for the
purpose of trade or gain or of the business carried on therein.
“ Mine ” means any opening into and beneath the surface of the
earth for the purpose of extracting any mineral or minerals, and
all underground workings, slopes, shafts, galleries and tunnels,
and other ways, cuts and openings connected therewith, includ
ing those in the course of being opened, sunk, or driven; and in
cludes also the appurtenant structures at or about the openings
of a mine and any adjoining work place where the material from
a mine is stored or prepared for use or shipment.
“ Quarry ” means any place, not a mine, including a bank or
pit, where shell, stone, slate, clay, sand, gravel, or other material
is dug or otherwise extracted from the earth or ground for the
purpose of trade or barter or of the employer’s trade or business;
and includes also the appurtenant structures at or about the
openings of a quarry and any adjoining work place where the
material from a quarry is stored or prepared for use or shipment.
“ Hallways” and “ railroads” also includes work in or about
depots, powerhouses, roundhouses, cars, locomotives, and all other
appurtenances, and in private yards, terminals, switches, etc., and
work on railroads for express companies,
enumerated*° * ** ** there be or arise any hazardous trade, business or occupation or work other than these hereinabove enumerated, it shall
come under the provisions of this act. The question of whether
or not a trade, business or occupation not named herein is hazard
ous may be determined by agreement between the employer and
employee or by submission at the instance of either employer or
employee to the judge of the court which shall have jurisdiction
over the employer in a civil case. The decision of the court shall
not be retroactive in its effect.
V o l u nt a r y 4# An employer and any employee in a trade, business or occucontrac .
pation not specified in paragraph 2 of this section and any one
engaged in a trade, business or occupation that may not be deter
mined to be hazardous under the operation of paragraph 3 of this
section, may, prior to the accident, voluntarily contract in writ
ing to come under the benefit and protection of the provisions of
this act with the same force and effect as though they had been
specifically included instead of omitted,
tion01v&vfL\)le ^EC*
a workman employed as hereinabove set forth in
when:
’ paragraph 1 of section 1 (except a workman who shall be elimi
nated from the benefit of this act for the causes and reasons set
forth in section 28 of this act) receives personal injury by acci
dent arising out of and in the course of such employment his
employer shall pay compensation in the amounts and to the per..
son or persons hereinafter specified,
vided forf pr0* Sec*
Tllis act, except sections 4 and 5, relating to de
fenses, shall not apply to any employer or employee engaged in
the trades, businesses and occupations specified in paragraph 2 of
section 1, nor to those that may be determined to be hazardous
under the operation of paragraph 3 of section 1, unless prior to
Fff t o f the ininry they shall have so elected by agreement, either exagreements.
press or implied, as hereinafter provided. Such an agreement
shall be a surrender by the parties thereto of their rights to any
other method, form, or amount of compensation or determination
thereof than as provided in this act, and shall bind the employee
himself, his widow and relations and dependents as hereinafter
defined, as well as the employer and those conducting his business
during bankruptcy and insolvency.
COMPENSATION LEGISLATION,
1914, 1915---- LOUISIANA.
153
2. Every contract of hiring, verbal, written or implied between Presumption?
an employer and any employee engaged in the trades, business, as 0 contracts,
or occupations specified in paragraph 2 of section 1, or engaged
in the trades, businesses or occupations that may be determined to
be hazardous under the operation of paragraph 3 of section 1,
now in operation or made or implied prior to the time fixed for
this act to take effect shall after this act takes effect be presumed
to continue subject to the provisions of this act unless either party
shall at any time not less than thirty days prior to the accident,
in writing, notify the other party to such contract that the pro
visions of this act other than sections 4 and 5 are not intended to
apply.
3. Every contract of hiring, verbal, written or implied, between Same subany employer or employee engaged in the trades, businesses, or oc- Ject*
cupations specified in paragraph 2 of section 1, or engaged in the
trades, businesses or occupations that may be determined to be
hazardous under the operation of paragraph 3 of section 1, made
subsequent to the time provided for this act to take effect, shall be
presumed to have been made subject to the provisions of this act,
unless there be as a part of said contract an express statement
in writing not less than thirty days prior to the accident, either
in the contract itself or by written notice by either party to the
other, that the provisions of this act other than sections 4 and 5
are not intended to apply, and it shall be presumed that the
parties have elected to be subject to the provisions of this act and
to be bound thereby.
4. Any workman of the age of eighteen and upwards engaged Minors,
in the trades, businesses or occupations specified in paragraph 2 of
section 1, or engaged in the trades, businesses or occupations that
may be determined to be hazardous under the operation of para
graph 3 of section 1, shall himself exercise the election hereby
authorized; the right of election hereby authorized shall be exer
cised on behalf of any workman under the age of eighteen by his
parent or guardian: Provided, That this act shall not apply to
workmen of less than the minimum age prescribed by law for the
employment of minors in the trades, businesses or occupations
specified in paragraph 2 of section 1, or engaged in the trades,
businesses or occupations that may be determined to be hazardous
under the operation of paragraph 3 of section 1.
5. The agreement between any employer or employee engaged Termination
in the trades, businesses or occupations specified in paragraph 2 of agreements,
of section 1, or engaged in the trades, businesses or occupations
that may be determined to be hazardous under the operation of
paragraph 3 of section 1, for the operation of the provisions of
this act other than sections 4 and 5 may be terminated by either
party upon thirty days’ written notice prior to the accident.
6. Where the notice is to be served upon one who is under the No t i c e to
age of eighteen years, said notice must be served upon the parent, JSSu e
tutor or guardian of said individual under the age of eighteen
years.
S e c . 4 . 1. If an employee has elected as aforesaid to come
Defenses abunder this act and his employer has elected as aforesaid not to r°satea» wnen.
come under this act, then if an action is brought by the employee
or relation or personal representative to recover for personal in
juries sustained after such election by the employer arising out
of and in the course of his employment, it shall not be a defense,
(a) That the employee assumed the risks inherent in or in
cidental to or arising out of his employment, or the risks arising
from the failure of the employer to provide and maintain a rea
sonably safe place to work or arising from the failure of the
employer to furnish reasonably safe tools and appliances, or
that the employer exercised reasonable care in selecting reason
ably competent employees in the trade, business, or occupation.
(b) That the injury was caused by the negligence of a fellow
employee.
(e) That the employee was negligent.
154
BULLETIN OF THE BUREAU OF LABOR STATISTICS,
2. In an action by an employee against an employer for persoiiiil injury sustained arising out of and in the course of the
employment where the employer has elected to reject the pro
visions of this act, it shall be presumed that the injury to the
employee was the direct result and arose out of the negligence of
the employer; and that such negligence was the proximate cause
of the injury, and in such case the burden of proof shall rest
upon the employer to rebut the presumption of negligence.
Defenses
S e c . 5. 1. If an employer has elected as aforesaid to come
when11 a b 1e ’ under this act and his employee has elected as aforesaid not to
• *
come under this act, then if an action is brought by the employee
to recover damages for personal injury sustained after the em
ployee has so elected, and arising out of and in the course of his
employment the employer shall have all the defenses which he
would have had if this act had not been enacted.
Waiver of re- 2. An employee who has given notice to his employer in writing
jection.
as aforesaid that he elects not to be subject to the provisions of
this act, may waive such election by a notice in writing which
shall take effect immediately.
Employees of S e c . 6. 1. Where any person (in this section referred to as
contractors.
principal) undertakes to execute any work, which is a part of his
trade, business, or occupation, or which he has contracted to per
form, and contracts with any other person (in this section re
ferred to as contractor) for the execution by or under the con
tractor of the whole or any part of the work undertaken by the
principal, the principal shall be liable to pay to any workman
employed in the execution of the work any compensation under
this act which he would have been liable to pay if that workman
had been immediately employed by him; and where compensa
tion is claimed from or proceedings are taken against the prin
cipal, then, in the application of this act, reference to the prin
cipal shall be substituted for reference to the employer, except
that the amount of compensation shall be calculated with refer
ence to the earnings of the workman under the employer by whom
he is immediately employed.
2. Where the principal is liable to pay compensation under
this section, he shall be entitled to indemnity from any person
who would have been liable to pay compensation to the workman
independently of this section, and shall have a cause of action
therefor.
3. Nothing in this section shall be construed as preventing a
workman from recovering compensation under this act from the
contractor instead of from the principal.
4. A principal contractor, when sued by a workman of a sub
contractor, shall have the right to call in that subcontractor or
any intermediate contractor or contractors as defendant or co
defendant.
L iability o f
S e c . 7. 1. When an injury for which compensation is payable
third persons, under this act shall have been sustained under circumstances
creating in some other person than the employer a legal liability
to pay damages in respect thereto, the injured employee may, at
Ids option, either claim compeasation under this act or obtain
damages from or proceed at law against such other person to
recover damages; and if compensation is claimcd and awarded
under this act any employer having paid the compensation or
having become liable therefor shall be subrogated to the rights
of the injured employee to recover against that person, and may
compromise the claim therefor in his discretion: Provided, If
the employer shall recover from such other person damages in
excess of the compensation already paid or awarded to be paid
under this act then any such excess shall be paid to the injured
employee less the employer’s legitimate and reasonable expenses
and costs of the action, which payment shall be credited upon the
balance of compensation, if any, that may become due thereafter.
c o m p e n - Sec. 8. 1. Compensation shall be paid under this act in accordsation for:
fmoe with the following schedule of payments:
Presumption
glnce n e
COMPENSATION LEGISLATION, 1914, 1915— LOUISIANA*
155
(a) For injury producing temporary total disability to do work Temporary
of any reasonable character, fifty per centum of the average total disability,
weekly wages, subject to a maximum compensation of ten dollars
per week and a minimum compensation of three dollars per week:
Provided, That, if at the time of the injury the employee was re
ceiving wages of three dollars or less per week, then the compen
sation shall be full wages per week. This compensation shall be
paid during the period of disability not, however, beyond three
hundred weeks.
(b) For injury producing temporary partial disability, the com- Tempor ar y
pensation shall be fifty per centum of the difference between the partial disabiiaverage weekly wages of the employee before the injury and the y*
average weekly wages which he is able to earn thereafter, but
not more than ten dollars a week for a period not exceeding three
hundred weeks, compensation to cease whenever employee is
able to earn as much as he did before the accident.
(c) For injury producing permanent partial disability, the com- Perm a n etit
pensation shall be one-half of the difference between the average PJLrtial disal)il"
weekly wages of the injured employee before the injury and the y*
average weekly wages which he is able to earn thereafter, sub
ject to a maximum of ten dollars per week, to be paid for a
period not exceeding three hundred weeks. In cases included by
the following schedule, compensation for such injury shall be
paid as long as employee is unable to earn as much as he did
before accident, subject to the following maximum schedules:
For the loss of a thumb, fifty per centum of the average weekly Schedule,
wages during not more than fifty weeks.
For the loss of a first finger, commonly called the index finger,
fifty per centum of the average weekly wages during not more
than thirty weeks.
For the loss of any other finger, or a great toe, fifty per centum
of the average weekly wages during not more than twenty weeks.
For the loss, by separation, of any toe other than the great toe,
fifty per centum of the average weekly wages during not more
than ten weeks.
The loss of the first phalanx of the thumb, or of two phalanges
of any finger or toe, shall be considered to be equal to the loss of
one-half of such member, and compensation shall be one-half of
the amount above specified.
The loss of more than one phalanx of the thumb or more than
two phalanges of any finger or toe shall be considered as the loss
of the entire member: Provided, however, That in no case shall
the amount received for more than one finger exceed the amount
provided in this schedule for the loss of a hand.
For the loss of a hand, fifty per centum of the average weekly
wages during not more than one hundred and fifty weeks.
For the loss of an arm, fifty per centum of the average weekly
wages during not more than two hundred weeks.
For the loss of a foot, fifty per centum of the average weekly
wages during not more than one hundred and twenty-five weeks.
For the loss of a leg, fifty per centum of the average weekly
wages during not more than one hundred and seventy-five weeks.
For the loss of an eye, fifty per centum of the average weekly
wages during not more than one hundred weeks.
For the loss of both hands, or both arms, or both feet, or both
legs, or both eyes, or one hand and one foot, shall constitute total
and permanent disability to be compensated according to the pro
visions of clause “ d ” of this section.
Amputation between the elbow and wrist shall be considered as
the equivalent of the loss of a hand, and amputation between
the knee and the ankle shall be equivalent to the loss of a foot.
In no case shall payments be made under more than one clause
of this subsection, nor in any case after the employee is able to
earn as much as he did before the accident.
The amounts specified in this subsection are all subject to the
same limitations as to the maximum and minimum as are stated
in clause “ a ” of this section.
156
BULLETIN OF THE BUKEAU OF LABOR STATISTICS.
Co m p e n - (d) For injury producing permanent total disability to £o
manent t o t Iflwork of any character, fifty per centum of the average weekly
disability.
wages, but not more than ten dollars nor less than three dollars,
per week for a period not exceeding four hundred weeks.
(e) For injury causing death within one year after the acci
dent, there shall be paid to the legal dependents of the employee
wholly dependent upon his earnings for support at the time of
the injury, a weekly sum as hereinafter provided not to exceed
one-half of the average weekly wages of the employee as herein
defined, but not more than ten dollars nor less than three dollars
a week, for a period of three hundred weeks. If the employee
leaves legal dependents only partly dependent upon his earning
for support at the time of the injury, the weekly compensation
to be paid as aforesaid shall be equal to the same proportion of
the weekly payments for the benefit of persons wholly dependent
as the amount contributed by the employee to such partial de
pendents in the year prior to his death, bears to the annual
earnings of the deceased at the time of his injury. When weekly
payments have been paid to an employee before his death, the
compensation to dependents shall begin on the date of the last
of such payments, but shall not continue for more than three
hundred weeks from the date of the injury.
Dependents.
2. The following persons shall be conclusively presumed to be
wholly dependent for support upon a deceased employee:
(a) A wife upon a husband with whom she was living at the
time of the injury and whom she has not abandoned for cause at
the time of his death.
(b) A husband mentally or physically incapacitated from wage
earning upon a wife with whom he was living at the time of her
injury.
(c) A child or children under the age of eighteen years (or
over said age, if physically or mentally incapacitated from earn
ing) upon the parent with whom he is, or they are, living at the
time of the injury of such parent. In case there is more than one
child, thus dependent, the death benefit shall be divided equally
among them. In case there are both surviving wife and children
or surviving husband and children entitled to compensation, the
compensation shall be paid entirely to the surviving husband or
the surviving wife, for the common benefit of such wife or hus
band and the children. In all other cases, question of legal de
pendency, in whole or in part, shall be determined in accordance
with the facts as they may be at the time of the injury; and in
such other cases, if there is more than one person wholly de
pendent the death benefit shall be divided equally among them,
and the persons partially dependent, if any, shall receive no part,
thereof; if there is no one wholly dependent, and more than one
person partially dependent, the death benefit shall be divided
among them according to the relative extent of their dependency^
No person shall be considered a dependent unless a member of the
family of the deceased employee, or bearing to him the relation
of husband or widow, or lineal descendant or ascendant, or
brother or sister, or legally adopted child.
Payments to (d) Payments to such dependents shall be computed and
dependents.
divided among them on the following basis:
If widow alone, 25 per cent of the average weekly wages of
deceased.
If widow and one child, 40 per cent of the average weekly
wages.
If widow and two or more children, 50 per cent of the average
weekly wages.
If one child alone, 25 per cent of the average weekly wages of
deceased.
If two children, 40 per cent of the average weekly wages.
If three or more children, 50 per cent of the average weekly
wages.
If father or mother, 25 per cent of the average weekly wages
of deceased. If both, 50 per cent of the average weekly wages.
Deatn.
COMPENSATION LEGISLATION,
1914, 1915— LOUISIANA.
157
If one brother or sister, 25 per cent of the average weekly
wages of deceased, with 10 per cent additional for each brother
or sister in excess of one.
If other dependents than those above enumerated, 20 per cent
of the average weekly wages for one and 10 per cent additional
for each such dependent in excess of one.
If the total benefits according to this clause exceed 50 per
cent, they shall be abated proportionally.
(e) The marriage or death of any dependent shall terminate Marriage or
all payments as to such dependent, but shall not affect payments death of beneflallowed other dependents.
claries.
When any minor dependent not physically or mentally incapable
of wage earning, shall become eighteen years of age, payment of
the portion of compensation theretofore due such minor shall
cease.
( f ) In case of death, the employer shall pay, or cause to be Burial, etc..
paid, the reasonable expenses of his last sickness and burial, expenses.
not exceeding one hundred dollars.
3. The term “ average weekly wages ” as used in this act shall Wages de
mean the annual earnings of the injured employee divided byfined*
fifty-two. Where, by reason of the shortness of the time during
which the employee has been in the employment of his employer,
or the nature or terms of the employment [it] is impracticable
to compute the average weekly wages as above defined, regard may
be had to the average weekly amount which, during the twelve
months previous to the injury was being earned by a person in
the same grade, employed at the same work, by the same em*
ployer; or, if there is no person so employed, by a person in the
same grade, employed in the same class of employment and in
the same district.
4. No compensation shall be paid for the first two weeks after waiting time,
injury is received, nor in any case, unless the employer is notified
thereof within the period specified in section 11.
5. During the first two weeks after the injury, the employer Medical, etc.,
shall furnish reasonable medical, surgical and hospital service aid.
and medicine as not to exceed one hundred dollars unless the
employee refuses to allow them to be furnished by the employer.
6. Any voluntary payments made by the employer or his in- Voluntary
surer to the injured workman, during the period o f his disability, payments.
or to his dependents, which, by the terms of this act, were not due
and payable when paid, may, subject to the approval of the court,
be deducted from the amount to be paid as compensation: Pro
vided, That in case of disability, such deduction shall be made by
shortening the period during which compensation shall be paid,
and not by reducing the amount of the weekly payments.
7. Payments of compensation due under this, act, shall be paid Time of com
as near as may be, at the same times and places as wages were pensation paypayable to the injured employee before the accident; but a longer ments*
interval may be substituted by agreement, with the approval of
the court.
8. The amounts payable periodically as compensation may be Lump sums,
commuted to a lump-sum payment at any time by agreement of
the parties; subject to the approval of the. court and upon the
payment of such lump sum the liability of the employer making
such payment under this act, shall be fully satisfied.
Sec. 9. 1. An injured workman shall submit himself to exami- Medical exnation by a duly qualified medical practitioner provided and paid aminati°ns.
for by the employer, as soon after the accident as demanded, and
from time to time thereafter, as often as may be reasonably neces
sary and at reasonable hours and places, during the pendency of
his claim for compensation or during the receipt by him of pay
ments under this act.
2. It shall be the duty of the employer to cause such examina
tion, provided for in paragraph 1 of this section to be made of the
injured workman, immediately after knowledge or notice of the
accident and to serve a copy of the report by his medical practi
tioner of such examination upon the workmen within six days
158
BULLETIN OF TH E
15UKEAU
OF LABOR STATISTICS.
after such examination. If no sucli examination be made and re
port furnished by the employer within that time, the workman
shall furnish a report of an examination made by his medical
practitioner to the employer, for which the employee shall be
entitled to receive from the employer the sum of one dollar.
Upon the receipt by either party of such a report from the other
party, the party receiving it, if lie disputes such report or any
statement therein, shall notify the other party of that fact within
six days, otherwise sueli report shall be prima facie evidence of
the facts therein stated in subsequent proceedings under this act.
Disputes.
8. If there be any dispute thereafter as to the condition of the
workman, the judge of the court which would have jurisdiction
in a civil case, or, where there is more than one judge of said
court, then either or any of said judges of said court, upon appli
cation of either party, shall order an examination of tlie work
man to be made by a medical practitioner appointed by the court.
The fees of such examiner shall be fixed by the court at not to
exceed ten dollars, and shall be paid in advance by the applicant.
Such medical examiner shall report his conclusions from such
examination to the court, and such report shall be prima facie evi
dence of the facts therein stated in any subsequent proceedings
under this act.
Suspension Sec. 10. 1. If the workman refuses to submit himself to a
of rights.
medical examination as provided in section 9, or in any wise ob
structs the same, his right to compensation and to take or prose
cute any further proceedings under this act shall be suspended
until such examinations take place. And, when a right to com
pensation is suspended no compensation shall be payable in re
spect of the period of suspension.
Notice a n d
Sec. 11. 1. No proceedings under this act for compensation shall
claim.
be maintained unless a notice of the injury shall have been given
to the employer within fifteen days after the accident, or in case
of death within thirty days and unless either a claim for com
pensation with respect to such injury or any payment under sec
tion 8 of this act shall have been made within six months after
the date of the injury or death. Such notice may be given or
made by any person claiming to be entitled to compensation or by
some one in his behalf.
Statement to Sec. 12. 1. It shall be the duty of the employer to cause to have
be posted.
printed and to keep posted at some convenient and conspicuous
point about the place of business a notice reading substantially
as follows: “ In case of accidental injury or death the injured
employee or some one acting in his behalf, must give notice to
(here shall follow the name and address of the party) within
fifteen days, and unless notice be given to above party within
fifteen days, no payments will be made under the law for such
injury or death.” In the event of the failure of the employer to
keep posted said notice, the time in which notice of the injury
shall be given as provided in section 11 shall be extended to six
months from the date of injury.
Form of no
Sec. 13. 1. The notice and claim provided for in section 11 shall
tice.
be made in writing and such notice shall contain the name and
address of the employee, and shall state in ordinary language the
time, place, nature and cause of the injury, and shall be signed by
him or by a person on his behalf, or, in the event of death, by
any one or more of his dependents or by a person on their behalf.
The notice may include the claim.
To whom
Sec. 14. 1. Any notice or claim under this act shall be given to
given.
the employer, or, if the employer be a partnership, then to any
one of the partners. If the employer be a corporation, then the
notice may be given to any agent of the corporation upon whom
process may be served, or to any officer of the corporation, or
any agent in charge of the business at the place where the injury
occurred. If the employer be a body politic then the notice may
be given to the individual connected with said body politic upon
whom process may be served: Provided, however. That in any
case notice of accident may be given to the person designated in
tlie notice posted in accordance with section 12. Such notice
COMPENSATION LEGISLATION, 1914, 1915— LOUISIANA.
159
shall be given by delivering it or sending it by mail by registered
letter addressed to the employer or his or its hereinabove desig
nated officer or agent at his or its last known residence or place
of business.
S e c . 15. 1 . A notice given under the provisions of section 1 1 of this Sufficiency of
act shall not be held invalid or insufficient by reason of any inaccu- notice,
racy in stating the time, place, nature, or cause of the injury, or
otherwise, unless it is shown that the employer was in fact misled
to his injury thereby. Want of notice or delay in giving notice
shall not be a bar to proceedings under this act if it be shown
that the employer, or his agent or representative, had knowledge
of the accident, or that the employer has not been prejudiced by
such delay or want of notice.
Sec. 16. 1. In case an injured workman is mentally incompetent Persons not
or a minor, or where death results from the injury, in case any sui juris,
of his dependents as herein defined is mentally incompetent or
a minor, at the time when any right, privilege or election accrues
to him under this act, his duly qualified curator or tutor, as the
case may be, may, in his behalf, claim and exercise such right,
privilege or election, and no limitation of time, in this act pro
vided for, shall run, so long as such incompetent or minor has no
curator or tutor as the case may be.
2. Payment of compensation under this section by an employer P ay me nt s
to a dependent subsequent in right to another or other d e p e n d - valid,
ents shall protect and discharge the employer unless and until
such dependent or dependents prior in right shall have given the
employer notice of his or their claim. In case the employer is in
doubt as to the respective rights of rival claimants the employer
may apply to the court to decide between them.
S e c . 17. 1. The interested parties shall have the right to settle Agreements,
all matters of compensation between themselves. But all agree
ments of settlement shall be reduced to writing and shall be sub
stantially in accord with the various provisions of this act, and
shall be approved by the court which would have jurisdiction in
a civil case, or, where there is more than one judge of said court,
then by either or any of said judges of said court. The agree
ment between employer and employee shall be presented to the
court upon joint petition of employer and employee, which peti
tion must be verified by both parties. The settlement so ap
proved shall be immediately entered as the judgment of the
court, and such judgment shall have the same force and effect
and may be satisfied as other judgments of the same court.
S e c . 18 . 1. In case of a dispute over, or failure to agree upon a R eference to
claim for compensation between employer and employee, or the6001**
dependents of the employee, either party may present a verified
complaint to the judge of the court which would have jurisdic
tion in a civil case, or, where there is more than one judge of said
court, then to either or any of said judges of such court, setting
forth the names and residences of the parties and the facts relat
ing to employment at the time of injury, the character and ex
tent of the injury, the amount of wages being received at the
time of the injury, the knowledge of the employer or notice of the
occurrence of said injury, and such other facts as may be neces
sary and proper for the information of said judge, and shall state
the matter or matters in dispute and the contention of the peti
tioner with reference thereto.
2. Upon the presentation of such complaint, it shall be filed Hearings,
with the clerk of the court and the judge shall fix by order a time
and place for the hearing thereof, not less than three (3) weeks
after the date of the filing of said complaint. A copy of said
complaint and order shall be served as summons in a civil action
upon the adverse party within four (4) days after filing the com
plaint; within seven (7) days after the service of such complaint
or petition the adverse party shall file an answer to said petition,
which shall admit or deny the substantial averments of the
petition, and shall state the contention of the defendant with ref
160
BULLETIN OP THE BUREAU OF LABOR STATISTICS.
erence to the matter in dispute as disclosed by the petition. The
answer shall be verified in like manner as required for a com
plaint or petition. The court in its discretion may grant further
time for filing the answer or hearing the complaint and allow
amendments of said petition and answer at any stage of the
proceedings.
Judgm ent on
3. If the time fixed for filing answer or delay, granted for filing
petition.
answer by the respondent has elapsed without an answer having
been filed, then upon simple request of petitioner the judge of
the court, with whom the complaint or petition has been filed shall
immediately enter a judgment in favor of petitioner in accord
with the facts set forth in the verified petition filed by petitioner
and the provisions of this act.
P rocedure.
4. If an answer has been filed by the respondent within the de
lays allowed by law or granted by the court, or if no judgment has
been entered as provided in the paragraph immediately above at
the time fixed for hearing, or any adjournment thereof, the said
judge shall hear such witnesses as may be presented by each
party. Either party shall have the right to be present at any
hearing or to appear through an attorney or any other agent.
The judge shall not be bound by the usual common-law or statu
tory rules of evidence or by any technical or formal rules of pro
cedure other than as herein provided. The judge shall decide
the merits of the controversy as equitably, summarily, and simply
as may be. Costs may be awarded by said judge in his discretion,
and when so awarded the same costs shall be allowed, taxed and
collected as are allowed, taxed and collected for like services and
proceedings in civil cases. The judgment rendered by the court
shall have the same force and effect and may be satisfied as other
judgments of the same court.
Appeals.
S e c . 19. 1. Either the employer or employee shall have the right
to appeal to the proper appellate court from the judgment ren
dered as provided in paragraph 3 of-section 1, and in section 18.
To such an appeal preference in hearing shall be given by the
appellate court such as is given in causes in which the State is an
interested party. Such appeal may be prosecuted by either em
ployer or employee without the necessity of furnishing an appeal
bond and shall suspend the operation of the judgment appealed
from.
M odifications
Sec. 20. 1. A judgment of compensation may be modified at any
• f awards.
time by subsequent agreement between employer and employee,
with the approval of the judge of the court that rendered the
judgment sought to be modified, or any time after one year when
said judgment of compensation shall have become operative, it
may be reviewed by the judge of the court that rendered the judg
ment sought to be modified upon the application of either em
ployer or employee, on the ground that the incapacity of the in
jured employee has subsequently increased, such increase grow
ing directly out of the injury for which compensation had been
allowed or diminished. In such case the provisions of paragraphs
1 and 3 of section 9 with reference to medical examination shall
apply.
Benefits pre
ferred.
Exem ptions.
Insurance
policies.
Sec. 21. 1. All rights of compensation granted by this act shall
have the same preference and priority for the whole thereof
against the assets of the employer as is allowed by law for any
unpaid wages for labor.
Sec. 22. 1. Claims or payments due under this act shall not be
assignable and shall be exempt from all claims of creditors and
fxoin levy or execution or attachment or garnishment except
under a judgment of court for alimony in favor of a wife or
ascendent or descendent. Fees of attorneys and physicians for
services under this act shall be reasonable and measured accord
ing to the workman’s station and shall be approved by the court.
Sec. 23. 1. No policy of insurance against liability arising
under, this act shall be issued unless it contains the agreement of
the insurer that it will promptly pay to the person entitled to
COMPENSATION LEGISLATION,
1914, 1915— LOUISIANA.
161
compensation all installments of the compensation that may be
awarded or agreed upon, and that the obligation shall not be
affected by any default of the insured after the injury, or by any
default in the giving of any notice required by such policy, o r ’
otherwise. Such agreement shall be construed to be a direct
obligation by the insurer to the person entitled to compensation,
enforceable in his name. No policy of insurance against liability
under this act shall be made unless such policy shall cover the
entire liability of the employer under this act.
Sec. 24. 1. All policies insuring the payment of compensation . P r e s u m p under this act must contain a clause to the effect that as between knowledge8
the employee and the insurer the notice to the insured or the
° *
knowledge of the occurrence of the injury on the part of the in
sured shall be deemed to be notice or knowledge on the part of
the insurer, as the case may be, that the jurisdiction of the in
sured for the purpose of this act shall be the jurisdiction of the
insurer; and that the insurer shall in all things be bound by and
subject to the awards, judgments, or decrees rendered against
kuch insured.
Sec. 25. 1. If any employer shall carry insurance against lia- . Rights of
bility under this act, and said employer shall be or become in- beneficiariessolvent, or any execution upon a judgment for compensation is
returned unsatisfied, an employee of such employer, or the depend
ents of a deceased employee who shall be entitled to payments
under this act may enforce their claim to payments against the
insurer of such employer to the same extent that the employer
could have enforced his claim against such insurer had he madesuch payments, any provision contained in any policy or agreement
of insurance written after the date of the approval of this act to
the contrary notwithstanding. And the making of accrued pay
ments to the person entitled thereto, in accordance with the pro
visions of this act, shall relieve such insurer from liability.
Sec. 26. 1. Every policy for the insurance of the compensation P olicies subherein provided for, or against liability therefor, shall be deemed 3ect t0 act*
to be made subject to the provisions of this act. No company or
association shall enter into any such policy of insurance unless
its form shall have been approved by secretary of state of
Louisiana.
Sec. 27. 1. An employer and employee who have elected to Additional
come under the provisions of this act or who may be under the benefits*
provisions of this act as provided in paragraph 1 of section 1,
may by written agreement between themselves provide for com
pensation, in event of injury to an employee, over and above the
compensation to be awarded under the provisions of this act.
Such additional compensation may be provided for by the em
ployer insuring his liability therefor in any insurance company
or association authorized to do business in the State of Louisiana,
and the premium therefor may be paid by employer and employee
in such proportion as may be agreed upon between them.
Sec. 28. 1. No compensation shall be allowed for an injury What injucaused (1) by the injured employee’s willful intention to injure ries y°t com'
himself or to injure another, or (2) by the injured employee’s pcn
intoxication at the time of the injury, or (8) by the injured
employee’s deliberate failure to use an adequate guard or pro
tection against accident provided for him, or (4) by the em
ployee’s deliberate breach of statutory regulations affecting safety
of life or limb.
2. In determining whether or not an employer shall be exempt b n r d c n o f
from and relieved of paying compensation because of injury sus- proof,
tained by an employee for the causes and reasons set forth in
this section, the burden of proofs shall be unon [upon] the
employer.
Sec. 29. 1. Where a judgment has been rendered under the pro- Bonds of tu~
visions of this act in favor of a minor or interdict, the tutor or tors, etc.
curator shall be required by the court to furnish a bond in favor
of the court for the faithful performance of his duties, and shall
7044°—Bull. 185—15----- 11
162
BULLETIN OF THE BUREAU OF LABOR, STATISTICS.
be required by the court to furnish it annually with a report or
accounting of the funds the said tutor or curator may be admin
istering for the said minor or interdict. This report or account
ing of the tutor or curator is not to be of the nature of the report
of the tutor or curator required to be filed under existing laws,
but it is to be a simple verified statement of the receipts of the
tutor or curator with a detailed accounting of the expenditures,
in tersta te
S ec. 30. 1. This act shall not be construed to apply to any emcarners,
ployer acting as a common carrier while engaged in interstate or
foreign commerce by railroad, which employer, by reason of being
engaged in interstate or foreign commerce by railroad, is not sub
ject exclusively to the legislative power of the State of Louisiana,
or for which employer and the employee thereof a rule of lia
bility or method of compensation has been, or may be, estab
lished by the Congress of the United States; nor shall it apply
to any employee of such common carrier injured or killed while
so employed; and nothing in this act shall be construed to apply
to any work done by, nor shall any compensation be payable under
this act to, the master, officers, or any member of the crew of any
vessel used in interstate or foreign commerce which said vessel is
not registered or enrolled in the State of Louisiana.
2. Whenever an employee of a common carrier engaged in inter
state or foreign commerce by railroad shall sustain a personal
injury by accident, arising out of and in the course of his em
ployment, resulting in his disability or death, it shall be presumed
prima facie that such employer was, at the time of the accident,
engaged in such commerce.
Settlem ent in
S ec. 31. 1. In case of personal injury (including death resultone year.
i Cg therefrom) all claims for payments shall be forever barred
unless within one year after the injury or death the parties shall
have agreed upon the payments to be made under this act, or
unless within one year after the injury proceedings have been
begun as provided in sections 17 and 18 of this act. Where,
however, such payments have been made in any case, said limita
tions shall not take effect until the expiration of one year from
the time of making the last payment.
emDtoyeramSaS ec. 32. 1. In case any employee for whose injury or death
bie.
"payments are due under this act shall, at the time of the injury
be employed and paid jointly by two or more employers subject to
the provisions of this act, such employers shall contribute to such
payments in proportion to their several wage liabilities to such
employee: Provided, however, That nothing in this section shall
prevent any arrangement between such employers for different
distribution as between themselves of the ultimate burden of
such, payments. If one or more, but not all such employers should
be subject to this act, then the liability of such of them as are so
subject shall be to pay that proportion of the entire payments
which their proportionate wage liability bears to the entire wages
of the employee: Provided, however, That such payment by such
employer subject to this act shall not bar the right of recovery
against any other joint employer,
oav inVtall° S ec. 33. 1. In event the employer against whom there has been
ments.
‘ rendered a judgment of court awarding compensation in favor
of an employee of dependents should become insolvent or fail to
pay six successive installments as they become due, the install
ments not yet payable under said judgment shall immediately be
come due and exigible and the judgment shall become executory
for the whole amount: Provided, That where the employee is
adequately protected by insurance and receives payments thereunder this right shall not accrue to the employee.
ciusiveT
eX
S ec. 34. 1. The rights and remedies herein granted to an em
ployee on account of a personal injury for which he is entitled
to compensation under this act shall be exclusive of all other
rights and remedies of such employee, his personal representa
tives, dependents, relations, or otherwise on account of such
injury.
COMPENSATION' LEGISLATION,
,
—LOUISIANA.
1914 1915
Sec. 85. 1. Nothing in this act shall affect the liability o f the
employer to a fine or penalty tinder any other statute.
163
Penalties.
S e c . 36. 1, No contract, rule, regulation or device whatsoever
shall operate to relieve the employer, in whole or in part, from
any liability created by this act except as herein provided.
S e c . 37. 1. If for the purpose of obtaining or defeating any
benefit or payment under the provisions of this act, either for
himself or any other person, any person willfully makes a false
statement or representation, he shall be guilty of a misdemeanor
and upon conviction thereof shall be fined not exceeding five
hundred dollars or imprisoned not exceeding twelve months, or
both, in the discretion of the court; and an employee from and
after such conviction shall cease to receive any compensation
under this act.
S e c . 38. 1. The word “ accident,” as used in this act, shall, un
less a different meaning is clearly indicated by the context, be
construed to mean an unexpected or unforeseen event happening
suddenly or violently, with or without human fault and producing
at the time objective symptoms of an injury.
Sec. 39. 1. The terms “ injury ” and “ personal injuries ” shall
include only injuries by violence to the physical structure of the
body and such diseases or infections as naturally result there
from. The said terms shall in no case be construed to include
any other form of disease or derangement, however caused or con
tracted.
W aivers.
Sec. 40. 1. W henever in this act the singular is used, the plural
shall be included; where the masculine gender is used, the fem inine
shall be included.
Sec. 41. 1. If any provision of this act shall be declared un
Use o f words.
Deception.
A ccidents.
Injury.
P ro v isio n
constitutional or invalid, such unconstitutionality or invalidity severable.
shall in no way affect the validity of any other portion thereof
which can be given reasonable effect without the provision so de
clared unconstitutional or invalid.
Sec. 42. 1. This act shall not affect any cause or action exist P e n d i n g
causes.
ing or pending before it went into effect.
Sec. 43. 1. This act shall take effect and be in force from and A c t in effect
after January 1, 1915.
Approved June 18, 1914.
MAINE.
ACTS OF 1915.
C h apter
295.—Compensation of icorkmen for injuries.
S e c t io n 1. The following words and phrases, as used in this
act, shall, unless a different meaning is plainly required by the
context, have the following meaning:
I. “ Employer” shall include corporations, partnerships, natu*
ral persons, the State, counties, water districts, and all other
quasi-municipal corporations of a similar nature, cities and also
such towns as vote to accept the provisions of this act, and if
employer is insured it includes the insurer, unless the contrary
intent is apparent from the context or it is inconsistent with the
purposes of this act.
II. “ Employee” shall include every person in the service of
another under any contract of hire, express or implied, oral o p
written, except: (a) Farm laborers; (b) domestic servants; (c)
masters of and seamen on vessels engaged in interstate or foreign
commerce; (d) persons whose employment is but casual or is
not in the usual course of the trade, business, profession, or oc
cupation of his employer; (e) officials of the State, counties,
cities, towns, or water districts, and other quasi-municipal cor
porations of a similar character. Policemen and firemen shall
be deemed employees within the meaning of this act. If, however,
any policeman or fireman claims compensation under this act,
there shall be deducted from such compensation any sum which
such policeman, fireman, or other person may be entitled to re
ceive for any pension or other benefit fund to which the State o p
municipal body may contribute. Any reference to an employee
who has been injured shall, when the employee is dead, also in
clude his legal representatives, dependents, and other persons to
whom compensation may be payable.
III. “Assenting employer ” shall include all employers who have
complied with the provisions of section 6 hereof, and to whom a
certificate authorized by said section has been issued, but only so
long as such certificate remains in force.
IV. “ Commissioner ” shall mean the commissioner of labor and
industry of the State of Maine. “ Commission” shall mean the
industrial accident commission created by section 29 hereof.
V. “ Industrial accident insurance policy ” shall mean a policy
in such form as the insurance commissioner of the State of Maine
approves, issued by any stock or mutual casualty insurance com
pany that may be now or hereafter authorized to do business in
this State, which in substance and effect guarantees the payment
of the compensation, medical, and hospital services, and expense
of sickness and burial herein provided for, in such installments,
at such time or times, and to such person or persons, and upon
such conditions as in this act provided. Whenever a policy o p
certificate of renewal thereof is filed as herein provided, a copy
of such policy certified by the insurance commissioner of the
State of Maine or his deputy, shall be admissible as evidence in
any legal proceeding wherein the original would be admissible.
YI. “ Insurance company” shall mean any casualty insurance
company authorized to do business in the State of Maine, which
may issue policies conforming to the provisions of the paragraph
next preceding. Whenever in this act relating to procedure the
word “ insurance company ” is used, it shall be held to apply only
to cases in which the employer has elected to file such policy,
instead of furnishing satisfactory proof of his ability to pay com
pensations and benefits hereinafter provided direct to his em
ployees.
Definitions.
165
166
o
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
VII. “ Representatives ” may include executors, administrators,
and the dependents of deceased employees. Payments may be
made to dependents directly or to executors or administrators.
If payments are made to the latter, they shall forthwith pay the
same to the dependents as the same are hereinafter defined.
Dependents.
VIII. “ Dependents” shall means members of the employee’s
family or next of kin, who are wholly or partly dependent upon
the earnings of the employee for support at the time of the in
jury. The following persons shall be conclusively presumed to be
wholly dependent for support upon a deceased employee:
(a) A wife upon a husband with whom she lives, or from whom
she was living apart for a justifiable cause, or because he had
deserted her, or upon whom she is dependent at the time of the
accident.
(b) A husband upon a wife with whom he lives or upon whom
he is dependent at the time of the accident.
(c) A child or children, including, adopted and stepchildren
under the age of eighteen years (or over said age, but physically
or mentally incapacitated from earning) upon the parent with
whom he is or they are living, or upon whom he is or they are
dependent at the time of the death of said parent, there being no
surviving dependent parent. In case there is more than one child
thus dependent, the compensation shall be divided equally among
them.
In all cases questions of entire or partial dependency shall be
determined in accordance with the fact, as the fact may have
been at the time of the injury. In such other cases, if there is
more than one person wholly dependent the compensation shall
be divided equally among them, and persons partly dependent, if
any, shall receive no part thereof during the period in which com
pensation is paid to persons wholly dependent. If there is any
one wholly dependent and more than one person partly dependent,
the compensation shall be divided among them according to the
relative extent of their dependency. If a dependent is an alien
residing outside of the United States, or of the Dominion of
Canada, the compensation paid to any such dependent shall be
one-half that hereinafter provided in case of the death of an em
ployee.
IX. “Average weekly wages, earnings or salary ” of an injured
employee shall be computed as follows:
Com putation
(a) If the injured employee has worked in the same employwages.
ment in which he was working at the time of the accident,
whether for the same employer or not, during substantially the
whole of the year immediately preceding his injury, his “ average
weekly wages” shall be three hundred times the average daily
wages, earnings or salary which he has earned in such employ
ment during the days when so employed and working the number
of hours constituting a full working-day in such employment, di
vided by fifty-two. But where the employee is employed regu
larly during the ordinary working hours concurrently by two or
more employers, for one of whom he works at one time and for
another he works at another time, his “ average weekly wages”
shall be computed as if the wages, earnings or salary received by
him from all such employers were wages, earnings, or salary
earned in the employment of the employer for whom he was
working at the time of the accident.
tlie number of hours constituting a full working-day in such em
ployment during substantially the whole of such immediately pre
ceding year, his “ average weekly wages” shall be three hundred
times the average weekly [daily] wages, earnings, or salary which
an employee of the same class working substantially the whole
of such immediately preceding year in the same or a similar
employment, in the same or a neighboring place, has earned in
such employment during the days when so employed and working
the number of hours constituting a full working-day in such em
ployment, divided by fifty-two.
(c)
In cases where the foregoing methods of arriving at the
“ average weekly wages, earnings, or salary ” of the injured em-
COMPENSATION LEGISLATION, 1914, 1915--- MAINE.
167
ployee can not reasonably and fairly be applied, such “ average
weekly wages” shall be taken at such sum as, having regard to
the previous wages, earnings or salary of the injured employee
and of other employees of the same or most similar class, work
ing in the same or most similar employment in the same or a
neighboring locality, shall reasonably represent the weekly earn
ing capacity of the injured employee at the time of the accident
in tlie employment in which he was working at such time.
(d) Where the employer has been accustomed to pay to the
employee a sum to cover any special expense incurred by said
employee by the nature of his employment, the sum so paid shall
not be reckoned as part of the employee’s wages, earnings, or
salary.
(e) The fact that an employee has suffered a previous injury jUrie s°US
or received compensation therefor, shall not preclude compensa
tion for a later injury or for death; but in determining the com
pensation for the later injury or death, his “ average weekly
wages ” shall be such sum as will reasonably represent his weekly
earning capacity at the time of the later injury, in the employ
ment in which he was working at such time, and shall be arrived
at according to and subject to the limitations of the previous
provisions of this section.
In the sections of this act relating to notices and procedure, Ri g ht s of
all powers and rights granted to, or duties and obligations im - guardians, etc.
posed upon employers or employees, shall inure to the benefit of
and may be exercised by guardians of minors or other incapaci
tated persons and the legal representatives of deceased persons.
Sec. 2. In an action to recover damages for personal injuries Defenses absustained by an employee in the course of his employment, or for rogated.
death, resulting from personal injury so sustained, it shall not be
a defense (a) that the employee was negligent; (b) that the in
jury was caused by the negligence of a fellow employee; (c)
that the employee had assumed the risk of the injury.
Sec. 3. The provisions of section 2 shall not apply to employers E xem ption of
who employ five or less workmen or operatives regularly in the®™*11 employsame business, and in case of the employer being engaged in more
than one kind of business, in one of which he employs five or
more workmen or operatives regularly, and in another employs
five or less workmen or operatives, the facts that he elects to
become subject to the provisions of this act shall not bring him
within the provisions of it as to any such business in which he
employs five or less workmen or operatives, and at the time of elect
ing to become subject to the provisions of this act, if engaged in
more than one kind of business, he shall specify the business or
businesses in which he is engaged and concerning which he desires
to come under the provisions hereof.
Sec. 4. The-provisions of this act shall not apply to actions to Em ploym ents
recover damages for personal injuries or for death resulting from exempted*
personal injuries sustained by employees engaged in domestic
service or agriculture, or in the work of cutting, hauling, rafting,
or driving logs.
Sec. 5. The provisions of section 2 shall not apply to actions Exem ption o f
to recover damages for personal injuries or for death resulting em ployers a c from personal injuries sustained by employees of an employer who cep g •
has elected to become subject to this act in the manner provided
in section 6 hereof. In the case of personal injury sustained by
an employee in the course of his employment or of death result
ing from personal injury so sustained, assenting employers shall
be exempt from suits either at common law or under section 9,
chapter 89, of the Revised Statutes, or chapter 258 of the Public
Laws of 1909 [employers’ liability act].
Sec. 6. I. Any employer desiring, to become an assenting em- How election
ployer as herein provided, may file with the commission at its is made by emoffice in Augusta, his written assent in such form as the commis-p oyer*
sion approves and also file with said commission a copy of an in
dustrial accident insurance policy in any stock or mutual insur
ance company or association authorized to do business in the
168
BULLETIN OP T E E BUBEAU OF LABOR STATISTICS.
State of Maine, said policy being stamped with the approval of
the insurance commissioner of said State of Maine.
Any insurance company issuing policies covering the payment of
compensation provided for in this act shall file with the insurance
commissioner a copy of the form thereof, and no such policy shall
be issued until said insurance commissioner has approved the
same. Every such insurance company shall file with the insur
ance department its classification of risks and premiums relating
thereto, and any subsequent proposed classifications or premiums,
none of which shall take effect until the insurance commissioner
has approved the same as adequate for the risks to which they
respectively apply. The insurance commissioner may withdraw
his approval of any classification of risks or premium rates relat
ing thereto, and he may at any time approve a revised classifica
tion of risks and premium rates relating thereto.
II. Any employer desiring to become an assenting employer as
herein provided, may file with the commission his written assent
in such form as said commission approves, after furnishing
satisfactory proof to the commission of his solvency and financial
ability to pay the compensation and benefits herein provided, and
upon the deposit of cash, satisfactory securities or a bond, as the
commission may determine, such bond to run to the State
treasurer and his successor in office in such sum as said commis
sion may determine and shall be conditional upon the faithful
performance of all the provisions of this act relating to the pay
ment of compensations and benefits to any injured employee. In
case of cash being deposited it shall be placed at interest by the
State treasurer and the accumulation of interest on said cash or
securities so deposited shall be paid to the employer depositing the
same: Provided, however, That the commission may at any time
in their discretion deny to an assenting employer the right to
continue in the exercise of the option granted by this paragraph.
III. Upon the filing of such assent and complying with the pro
visions of Paragraphs I or II of this section, the commissioner
shall issue to such employer a certificate stating that such em
ployer has conformed to the provisions of this act and setting
forth the date on which the policy filed under Paragraph I ex
pires. The certificate thus issued shall remain in full force until
the date of the expiration of such policy, or until withdrawn as
provided in Paragraph II, or until the employer assenting under
Paragraph II shall notify the commissioner that he withdraws his
assent, or files an industrial accident policy in place of the se
curities so deposited by him.
IV. Subject to the approval of the commission, any employer
may continue with his employees in lieu of the compensation and
insurance provided by this act the system of compensation, bene
fit, or insurance which was used by such employer on the first
day of January, A. D. 1915. No such substitute system shall be
approved unless it confers benefits upon injured employees at
least equivalent to the benefits provided by this act, nor if it
requires contributions from the employees, unless it confers
benefits in addition to those provided under this act at least com
mensurate with such contributions. Such substitute system may
be terminated by the commission on reasonable notice and hear
ing to the interested parties if it shall appear that the same is
not fairly administered, or if its operation shall disclose latent
defects threatening its solvency, or if for any substantial reason it
fails to accomplish the purposes of this act. An employer who is
authorized to substitute a plan under the provisions of this sec
tion shall give his employees notice thereof in a form to be pre
scribed by the commission, and a statement of the plan approved
shall be filed with the commission.
V. A notice in such form as the commission approves, stating
that the employer has conformed to the provisions of this act and
the date of the expiration of the policy filed, together with such
further matters as the commission determines, shall be posted by
the employer and kept posted by him at some place in each of his
COMPENSATION LEGISLATION, 1914, 1915— MAINE.
169
mills, factories, or place of business, conspicuous and accessible
to his employees. For willful failure to post such notices, the em
ployer shall be subject to a penalty of ten dollars per day for
every day of such willful neglect, to be recovered by complaint or
indictment. Such failure to so post notices shall not, however,
affect the rights or liabilities of the employer or the employee
hereunder.
Sec. 7. An employee of an employer who shall have elected to Presum ption
become subject to the provisions of this act as provided in section as to e m 6 of this act shall be held to have waived his right of action at p yees‘
common law to recover damages for personal injuries; also under
section 9 of chapter 89, It. S., or chapter 258 of the Public Laws of
1909 [employers’ liability act], if he shall not have given his em
ployer at the time of his contract of hire notice in writing that
he claimed such right, and within ten days thereafter have filed
a copy thereof with the commission or, if the contract of hire was
made before the employer so elected, if the employee shall not
have given the said notice and filed the same with said commis
sion within ten days after notice by the employer, as above pro
vided, of such election, and such waiver shall continue in force
for the term of one year, and thereafter without further act on
his part, for successive terms of one year each, unless such em
ployee shall at least sixty days prior to the expiration of such
first or any succeeding year, file with the said commissioner a
notice in writing to the effect that he desires to claim his said
right of action at common law and within ten days thereafter
shall give notice thereof to his employer. A minor working at an
age legally permitted under the laws of this State shall be
deemed sui juris for the purpose of this act and no other person
shall have any cause of action or right to compensation for an
injury to such minor employee except as expressly provided in
this act; but if said minor shall have a parent living or a guar
dian, such parent or guardian, as the case may be, may give the
notice and file a copy of the same as herein provided by this sec
tion, and such notice shall bind the minor in the same manner
that adult employees are bound under the provisions of this act.
In case no such notice is given, such minor shall be held to have
waived his right of action at common law, or under the statutes
above referred to, to recover damages for personal injuries. Any
employee, or the parent or guardian of any minor employee, who
has given notice to the employer that he claimed his right of
action at common law, or under the statutes above referred to,
may waive such claim by a notice in writing which shall take
effect five days after the delivery to the employer or his agent.
Sec. 8. No compensation shall be allowed for the injury or Willful i n death of an employee where it is proved that his injury or death t®“*
intoxiwas occasioned by his willful intention to bring about the injury
or death of himself or of another, or that the same resulted from
his intoxication while on duty. This provision as to intoxication
shall not apply, if the employer knew or in the exercise of or
dinary care might have known that the employee was intoxicated
or that he was in the habit of becoming intoxicated while on duty.
Sec. 9. No compensation except as provided by section 10 of Waiting time,
tiiis act shall be paid under this act for any injury which does
not incapacitate the employee for a period of at least two weeks
from earning full wages, but, if such incapacity extends beyond
the period of two weeks, compensation shall begin on the fifteenth
day after the injury.
Sec. 10. During the first two weeks after the injury the em- Medical and
ployer shall furnish reasonable medical and hospital services, and hospital servmedicines when they are needed, but the amount of the chargeices*
for such services and medicines shall not exceed the sum of
thirty dollars, unless in case of major surgical operations being
required, and the employer and employee being unable to agree
upon the same, the amount to be allowed for such medical services
oi* medicines shall be fixed by the commission upon petition by
either party setting forth the facts.
170
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Com pensaS e c . 11. If a n employee who has not given notice of his claim
whei? payable»of cominon-law or statutory rights or action, or who has given
such notice and has waived the same, as provided in section 7 of
this act, receives a personal injury by accident arising out of and
in the course of his employment, he shall be paid compensation as
hereinafter provided, by the employer who shall have elected to
become subject to the provisions of this act.
Death.
Sec. 12, If death results from the injury, the employer shall
pay the dependents of the employee wholly dependent upon his
earnings for support at the time of his injury a weekly payment
equal to one-half his average weekly wages, earnings, or salary,
but not more than ten dollars nor less than four dollars a week,
for a period of three hundred weeks from the date of the injury:
Provided, however, That if the dependent of the employee to
whom the compensation shall be payable upon his death is the
widow of such employee, upon her death the compensation there
after payable under this act shall be paid to the child or children
of the deceased employee, including adopted and stepchildren,
under the age of eighteen years, or over said age but physically
or mentally incapacitated from earning, are dependent upon the
widow at the time of her death. In case there is more than one
child thus dependent, the compensation shall be divided equally
among them. If the employee leaves dependents only partly
dependent upon his earnings for support at the time of his in
jury, the employer shall pay such dependents for a period of
three hundred weeks from the date of the injury a weekly com
pensation equal to the same proportion of the weekly payments
herein provided for the benefit of persons wholly dependent as
the amount contributed annually by the employee to such partial
dependents bears to the annual earnings of the deceased at the
time of injury. When weekly payments have been made to an in
jured employee before his death, the compensation to dependents
shall begin from the date of the last of such payments, but shall
not continue more than three hundred weeks from the date of
the injury: Provided, however, That if the deceased leaves no de
pendents at the time of the injury, the employer shall not be liable
to pay compensation under this act except as specifically provided
in section 13 of this act.
i f no depenS e c . 13. If the employee dies as a result of the injury leaving
aents.
no dependents at the time of the injury, the employer shall pay,
in addition to any compensation provided for in this act, the
reasonable expense of his last sickness and burial, which shall
not exceed two hundred dollars.
T o t a l disaS e c . 14. While the incapacity for work resulting from the inMlity.
jury is total, the employer shall pay the injured employee a
weekly compensation equal to one-half his average weekly wages,
earnings, or salary, but not more than ten dollars nor less than
four dollars a week; and in no case shall the period covered by
such compensation be greater than five hundred weeks from the
date of the injury, nor the amount more than three thousand
dollars. In the following cases it shall, for the purposes of this
act, be conclusively presumed that the injury resulted in perma
nent total disability, to wit: The total and irrevocable loss of sight
in both eyes, the loss of both feet at or above the ankle, the loss of
both hands at or above the wrist, the loss of one hand and one
foot, an injury to the spine resulting in permanent and complete
paralysis of the legs or arms, and an injury to the skull result
ing in incurable imbecility or insanity.
Partial disa- Sec. 15. While the incapacity for work resulting from the inbiiity.
j ury iS partial, the employer shall pay the injured employee a
weekly compensation equal to one-half the difference between his
average weekly wages, earnings, or salary before the injury, and
the average weekly wages, earnings, or salary which he is able to
earn thereafter, but not more than ten dollars a week; and in no
case shall the period covered by such compensation be greater
than three hundred weeks from the date of the injury.
COMPENSATION LEGISLATION,
1914, 1915--- M AINE.
171
Sec. 16. Ia cases Included In the following schedule the dlsa- Specified inbility in each such case shall be deemed to be total for the period J
specified and after such specified period, if there be a partial
incapacity for work resulting from the injury specified, the em
ployee shall receive compensation while such partial incapacity
continues under the provisions of section 15, but in no case shall
compensation continue more than three hundred weeks after the
injury. The compensation, to be paid for the injuries hereinafter
specified shall be as follows, to wit:
For the loss of a thumb, one-half the average weekly wages
during fifty weeks.
For the loss of the first finger, commonly called the index finger,
one-half the average weekly wages during thirty weeks.
For the loss of the second finger, one-half the average weekly
wages during twenty-five weeks.
For the loss of the third finger, one-half the average weekly
wages during eighteen weeks.
For the loss of the fourth finger, commonly called the little
finger, one-half the average weekly wages during fifteen weeks.
The loss of the first phalange of the thumb or of any finger
shall be considered to be equal to the loss of one-half of said
thumb or finger, and the compensation shall be one-half the
amount above specified. The loss of more than one phalange
shall be considered as a loss of the entire thumb or finger: Pro
vided, however, That in no case shall the amount received for the
loss of more than one finger exceed the amount specified in this
schedule for the loss of a hand.
For the loss of the great toe, one-half the average weekly wages
during twenty-five weeks.
For the loss of one of the toes other than the great toe, one-half
the average weekly wages during ten weeks.
The loss of the first phalange of any toe shall be considered to
be equal to the loss of one-half of said toe and the compensation
shall be one-half of the amount above specified.
The loss of more than one phalange shall be considered as the
loss of the entire toe.
For the loss of a hand, one-half the average weekly wages dur
ing one hundred and twenty-five weeks.
For the loss of an arm, or any part above the wrist one-half
the average weekly wages during one hundred and fifty weeks.
For the loss of a leg, or any part above the ankle, one-half the
average weekly wages during one hundred and fifty weeks.
For the loss of a foot, one-half the average weekly wages for
one hundred and twenty-five weeks.
For the loss of an eye or the reduction of the sight of an eye,
with glasses, to one-tenth of the normal vision, one-half the aver
age weekly wages during one hundred weeks.
The amounts specified in this section are all subject to the same
limitations as to maximum and minimum amounts, that is, of
not more than ten and not less than four dollars a week, as pro
vided for total or partial disability.
Sec. 17. No proceedings for compensation for an injury under Notice and
this act shall be maintained unless a notice of the accident shall clalm*
have been given to the employer within thirty days after the hap
pening thereof; and unless the claim for compensation with re
spect to such injury shall have been made within one year after
the occurrence of the same, or, in case of his physical or mental
incapacity, within one year after death or the removal of such
physical or mental incapacity.
Sec. 18. Such notice shall be in writing and shall state in or- F orm o f no
di nary language the nature, time, place, and cause of the injury,tice*
and the name and address of the person injured and shall be
signed by the person injured, or by a person in his behalf, or, in
the event of his death, by his legal representatives, or by a de
pendent, or by a person in behalf of either.
Sec. 19. Such notice shall be served upon the employer, or upon Service o f
one employer, if there are more employers than one, or, if the notice.
172
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
employer is a corporation, upon any officer or agent upon whom
process may be served, or by leaving it at his last known residence
or place of business, or by sending it by registered mail addressed
to the person to be served, or in the case of a corporation to the
corporation itself, at his or its last known residence or place of
business; and such mailing of the notice shall constitute a com
pleted service.
ti<5s£eCtlve n°" ®EC#
^ notice given under the provisions of this act shall
not be held invalid or insufficient by reason of any inaccuracy in
stating the nature, time, place, or cause of the injury, or the name
and address of the person injured, unless it is shown that it
was the intention to mislead and the employer was in fact misled
thereby. Want of notice shall not be a bar to proceedings under
this act, if it be shown that the employer or his agent had
knowledge of the injury, or that failure to give such notice was
due to accident, mistake, or unforeseen cause.
Medical ex- Sec. 21. The employee shall after the injury, at all reasonable
animations.
times during the continuance of his disability, if so requested by
his employer, submit himself to an examination by a physician
or surgeon authorized to practice medicine under the laws of
this State, to be selected and paid for by the employer. The em
ployee shall have the right to have a physician or surgeon, selected
and paid for by himself, present at such examination, of which
right the employer shall give him notice when requesting such ex
amination.
The chairman of the commission may at any time after the in
jury appoint a competent and impartial physician or surgeon to
act as a medical examiner, and the reasonable fees of such medi
cal examiner shall be fixed and paid by the commission.
Such medical examiner being first duly sworn to the faithful
performance of his duties before any justice of the peace, or any
clerk of the supreme judicial court, shall thereupon and as often
as the chairman of the commission may direct, examine such in
jured employee in order to determine the nature, extent, and
probable duration of the injury. Such medieal examiner shall
file a report of every examination made of such employee in the
office of the commission, and a copy thereof certified by the clerk
of said commission may be produced in evidence in any hearing
or proceeding to determine the amount of compensation due said
employee under the provisions of this act. If such employee re
fuses to submit himself to examination provided for in this act,
or in any way obstructs any such examination, his rights to com
pensation shall be suspended and his compensation during such
period of suspension may be forfeited.
Savings or
S e c . 22. No savings or insurance of the injured employee, intSofovee ° f <^ePen(ient of this act, shall be taken into consideration in deterp y *
mining the compensation to be paid hereunder, nor shall benefits
derived from any other source than the employer be considered
in fixing the compensation under this act.
incompetence. S e c . 23. In case an injured employee is mentally incompetent,
or, where death results from the injury, in case any of his de
pendents entitled to compensation hereunder are mentally incom
petent or minors at the time when any right, privilege, or election
accrues to him or them under this act, his guardian, or next
friend may, in his behalf, claim and exercise such right, privilege,
or election, and no limitation of time in this act provided shall
run so long as such incompetent or minor has no guardian.
Waivers.
S e c . 24. No agreement by an employee, except as provided in
section 30, to waive his rights to compensation under this act
shall be valid. No claims for compensation under this act shall
be assignable, or subject to attachment, or liable in any way for
debts.
W orkm en
S e c . 25. Employers who hire workmen within this State to
State °
work outside of the State may agree with such workmen that the
remedies under this act shall be exclusive as regards injuries
received outside this State by accident arising out of and in the
COMPENSATION LEGISLATION, 1914, 1915— MAINE.
173
course of such employment; and all contracts of hiring in this
State shall be presumed to include such an agreement.
S e c . 2 6 . When any injury for which compensation is payable
Liability o f
under this act shall have been sustained under circumstancesthlrd persons,
creating in some other person than the employer a legal liability
to pay damages in respect thereto, the injured employee may, at
his option, either claim compensation under this act or obtain
damages from or proceed at law against such other person to
recover damages; and if compensation is claimed and awarded
under this act, any employer having paid the compensation or
the injured employee to recover against that person: Provided, If
the employer shall recover from such other person damages in
excess of the compensation already paid or awarded to be paid
under this act, then any such excess shall be paid to the injured
employee, less the employer’s expenses and costs of action.
S e c . 27. The claim for compensation under this act, and any de
cree on any such claim, shall be entitled to a preference over the Cl ai ms to
unsecured debts of the employer hereafter contracted to the same^J| p r e f e r amount as the wages of labor are now preferred by the laws of
this State, but nothing herein shall be construed as impairing any
lien which the employee may have acquired.
S e c . 28. In case payments have continued for not less than six
months either party may, upon due notice to the other party, Lump sums,
petition the commission for an order commuting the future pay
ments to a lump sum. Such petition shall be considered by the
commission and may be summarily granted where it is shown to
the satisfaction of the commission that the payment of a lump
sum in lieu of future weekly payments will be for the best interest
of the person or persons receiving or dependent upon such com
pensation, or that the continuance of weekly payments will, as
compared with lump-sum payments, entail undue expense or
undue hardship upon the employer liable therefor, or that the
person entitled to compensation has removed or is about to re
move from the United States. Where the commutation is or
dered, the commission shall fix the lump sum to be paid at an
amount which will equal the total sum of the probable future pay
ments, capitalized at their present value upon the basis of interest
calculated at five per centum per annum with annual rests. Upon
payment of such amount the employer shall be discharged from
all further liability on account of the injury or death, and be en
titled to a duly executed release, upon filing which, or other due
proof of payment, the liability of such employer under any
agreement, award, findings, or decreo shall be discharged of
record.
S e c . 29. A commission is hereby created to be known as the In
dustrial Accident Commission of the State of Maine and it shall i n d u s t r i a l
consist of three members. The insurance commissioner and the m ission c o m ~
commissioner of labor and industry shall be ex oflicio members
of this commission. The governor shall appoint a chairman of
this commission, who shall be learned in the law and a member
of the bar in good standing and who shall hold office for three
years from date of appointment and unless removed, as herelinder provided, shall hold office until his successor is appointed
and qualified. Such chairman shall be sworn, and for inefficiency,
willful neglect of duty, or for malfeasance in office, may after
notice and hearing be removed from office by the governor and
council. In case of vacancy occurring through death, resignation,
oi removal, the governor shall appoint a successor for the whole
term of three years, subject to removal as aforesaid. Such chair
man shall receive a salary of twenty-five hundred dollars per
annum. The other members of the commission shall receive a
salary of five hundred dollars per annum in addition to compensa
tion received by them under existing law. The members of the
commission shall also receive their actual necessary cash ex
penses while away from their office on official business.
174
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
The commission shall have a secretary appointed and remov
able by it, whose salary shall be fifteen hundred dollars per
annum. It shall be allowed the sum of two thousand dollars, or
so much thereof as is necessary, for expert and clerical assistance
and other expenses in* organizing a suitable system of administra
tion. From and after January first, 1916, there shall be ap
propriated the sum of seven thousand five hundred dollars per
annum, or such part thereof as is necessary, for clerical and other
assistance, traveling expenses, physicians’ and witness fees, and
other necessary expenses.
The commission shall have a seal bearing the words “ In
dustrial Accident Commission of Maine.” It shall have its office
and keep its records in the statehouse in Augusta, but may hold
sessions at any place within the State. The commission shall
have general supervision over the administration of this act and
shall have the following powers:
I. To make rules and regulations not inconsistent with this act
Powers.
or other laws of the State for the purpose of carrying out the pro
visions hereof.
II. To issue subpoenas for witnesses and subpoenas duces tecum
to compel the production of books and papers relating to any
Questions in dispute before it.
III. The chairman of said commission at any hearing before
him under the provisions of this act, shall also have power to
issue subpoenas for witnesses and subpoenas duces tecum to com
pel the production of books and papers relating to any matters in
dispute before him. Witness fees in all proceedings under this
act shall be the same as witnesses before supreme judicial courts.
A greem ents.
S e c . 30 . If the employer and employee reach an agreement in
regard to compensation under this act, a memorandum of such
agreement signed by the parties shall be filed in the office of the
commission. If the commissioner finds that such agreement is in
conformity with the provisions of this act, he shall approve the
same and the clerk of the commission shall record it in a book
kept for that purpose. In case the commissioner shall find that
any such agreement is not in conformity with the provisions of
this act and shall refuse to approve the same, or if the employer
and employee fail to reach an agreement in regard to compensa
tion under this act, either employer or employee; and when death
has resulted from the injury and the dependents of the deceased
employee entitled to compensation are, or the apportionment
thereof among them is in dispute, any person in interest may file
in the office of the commission a petition setting forth the names
P etition.
and residences of the partied, the facts relating to the employment
at the time of the injury, the cause, extent, and character of the
injury and the knowledge of the employer or notice of the occur
rence of the injury, and, if an agreement had been reached be
tween the parties which had not been approved by the commis
sioner, the form of such agreement and such other facts as may
be necessary and proper for the determination of the matter in
dispute, and shall state the matter in dispute and the claims of
the petitioner with reference thereto.
N o tice
► S e c . 31. Within four days after the filing of the petition a
other party.
copy thereof attested by the clerk of the commission shall be
mailed by said clerk, postage prepaid, to the other parties named
in the petition, or notice be given in such other manner as the
commission may determine.
S e c . 32. Within ten days after the filing of such petition all
Answer.
the other parties interested in opposition to the petition shall file
an answer to said petition and furnish a copy thereof to the peti
tioner, which answer shall state the claims of the opponents with
reference to the matter in dispute as disclosed by the petition.
The chairman of said commission may grant further time for
filing answer and allow amendments to said petition and answer
at any stage of the proceedings. If any party opposing such pe
tition does not file an answer within the time limited, the hearing
COMPENSATION LEGISLATION, 1914, 1915— MAINE.
175
shall proceed upon the petition. If any party be an infant or
person under disability, either parent or a guardian, or a guar
dian ad litem for such infant or person under disability may file
the petition or answer required by this section.
Sec. 33. The whole matter shall then be referred to the chair- Hearing,
man of said commission, who shall fix a time for hearing upon
the request of either party, upon a three days’ notice given to the
other party. All hearings shall be held in the town where the
accident occurred, unless the claimant shall in writing request
that it be held in some other place.
Sec. 34. If from tlie petition and answer there appear to be Procedure,
facts in dispute, the chairman of the commission shall then hear
such witnesses as may be presented by each party, or by agree
ment the claims of both parties as to the facts in dispute may be
presented by affidavits. From the evidence thus furnished the
chairman shall, in a summary manner, decide the merits of the
controversy. His decision, together with a statement of the
facts submitted, his findings of fact and rulings of law, and any
other matters pertinent to the questions raised at the hearing,
shall be filed in the office of the commission, and a copy thereof
certified by the clerk of the commission mailed forthwith to all
parties interested. His decision, in the absence of fraud, upon
all questions of fact shall be final.
Any party in interest may present copies certified by the clerk
of said commission of any order or decision of the commission or
of its chairman, or of any memorandum of agreements approved
by the commissioner, together with all papers in connection
therewith, to the clerk of courts for the county in which the in
jury occurred; whereupon any justice of the supreme judicial
court shall render a decree in accordance therewith and notify
all the parties. Such decree shall have the same effect and all
proceedings in relation thereto shall thereafter be the same as
though rendered in a suit in equity duly heard and determined by
said court, except there shall be no appeal therefrom upon ques
tions of fact found by said commission or its chairman, or where
the decree is based upon a memorandum of agreement approved by
the commissioner. Upon any appeal therefrom the proceedings
shall be the same as in appeals in equity procedure and the law
court may, after consideration, reverse or modify any decree
made by a justice, based upon an erroneous ruling or finding of
law. There shall be no appeal from a decree based upon any
order or decision of the commission or of its chairman, or upon
any memorandum of agreement approved by the commissioner,
which has not been certified and presented to the court within ten
days after the notice of the filing thereof by the commission or
its chairman. Upon the presentation to it of a certified copy of
any decision of the chairman of the commission terminating, di
minishing, increasing, or modifying any payments under the pro
visions of section 36, or under any decision of said chairman or
any agreement approved by the commissioner the court shall
revoke or modify its decree, if any has been based thereon, to con
form to such decision.
Sec. 35. Any agreement between employer and employee filed E f f e c t of
with the commission and approved by the commissioner or any agreeme
decision of the chairman of said commission under the provisions
of section 34, shall have the same effect as the judgment of a
court, and a copy thereof certified to by the clerk of said commis
sion and filed with the clerk of the court of the county in which
either the employer or employee resides, or where the business of
the employer is located, shall be enforceable by the supreme judi
cial court by any suitable process, including execution against the
goods, chattels, and real estate, and including proceedings for
contempt for willful failure or neglect to obey the orders or de
crees of the court, or in any other manner that decrees in equity
may be enforced.
Sec. 36. At any time before the expiration of two years from Reviews,
the date of the approval of an agreement by the commissioner,
176
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
or the entry of a decree fixing compensation, but not afterwards,
nnd before the expiration of the period for which compensation
has been fixed by such agreement or decree, but not afterwards,
any agreement, award, findings, or decree may be from time to
time reviewed by the chairman of said commission upon the ap
plication of either party, after due notice to the other parly,
upon the ground that the incapacity of the injured employee has
subsequently ended, increased, or diminished. Upon such review
the said chairman may increase, diminish, or discontinue the
compensation from the date of the application for review, in ac
cordance with the facts, or make such other order as the justice
of the case may require, but shall order no change of the status
existing prior to the application for review. The finding of the
said chairman upon such review shall be served on the parties
and filed with the clerk of the commission and may be certified
to the court in like time and manner and subject to like disposi
tion as in the case of original decreos: Provided, That an agree
ment for compensation may be modified at any time by a subse
quent agreement between the parties approved by the commis
sioner in the same manner as original agreements in regard to
compensation are required to be approved by the provisions of
section 30 of this act.
Forms and Sec. 37. The commission may prescribe forms and make suitorders.
able orders as to procedure adapted to secure a speedy, efficient,
and inexpensive disposition of all proceedings under this act;
and in interpreting this act it shall construe it liberally and with
a view to carrying out its general purpose. The rule that stat
utes in derogation of the common law are to be strictly construed
shall have no application to this act.
Death ofpe- Sec. 38. No proceedings under this act shall abate because o f
titioner.
^lie death o f the petitioner, but may be prosecuted by his legal
representative or by any person entitled to compensation by rea
son o f said death under the provisions o f this act.
Claims ba rSec. 39. An employee’s claim for compensation under this act
years/ n
shall be barred unless an agreement or a petition, as provided in
section 30, shall be filed within two years after the occurrence of
the injury, or in case of the death of the employee or in the event
of his physical or mental incapacity, within two years after the
death of the employee or the removal of such physical or mental
incapacity.
P ubl i c em- Sec. 40. This act shall be compulsory as to the State, counties,
pioyments.
cities, water districts, and other quasi-municipal corporations of
a similar nature. The provisions of section 6 of this act shall not
apply to the State, counties, cities, water districts, and other
quasi-municipal corporations of a similar nature, or to any towns
voting to accept the provisions of this act.
R e p o r t s of
S e c . 41. All assenting employers shall make prompt reports to
accidents.
the commission of all accidents to their employees in the course
of employment, with the average weekly wages or earnings of
such employees, and together with such other particulars as the
commission may require and shall also report whenever the in
jured employee shall resume his employment and the amount of
his wages or earnings.
Settlements.
Whenever any final settlement is made with any injured em
ployee, either by the employer or insurance company, a copy of
the receipt or final agreement showing the total amount of money
paid to such injured employee, shall be filed with the commission,
but shall not be binding without the approval of the commission
Penalties,
or of its chairman. Any employer or insurance company that
shall willfully neglect or refuse to make such reports or file any
receipts or agreements required to be filed under this act, shall
be liable to a forfeiture of ten dollars for each day of such willful
neglect or refusal, to be enforced by the commission in an action
of debt in the name of the State. All sums so recovered shall be
paid into the State treasury and be credited to the appropriation
made for the administration of this act.
177
COMPENSATION LEGISLATION, 1914, 1915— MAINE.
Sec. 42. Any insurance company insuring employers under this R eports b y
act shall fill out any blanks and answer all questions submitted to paSnie|nce com*
them that may relate to policies, premiums, amount of compensa
tions paid, and such other information as the commission or the
insurance commissioner may deem important, either for the
proper administration of this act or for statistical purposes. Any
insurance company which shall refuse to fill out such blanks or
answer such questions shall be liable to a forfeiture of ten dol
lars for each day of such refusal, to be enforced by the com
mission in an action of debt in the name of the State. All money
so recovered shall be paid into the State treasury and credited
to the appropriation for the administration of this act.
Sec. 43. The commission shall make an annual report giving A nnual r e
full statistical information as may be contained in their depart- J$gg?0n £ com“
ment in relation to the administration of this act, particularly
with reference to the number of employees effected [sic], the num
ber injured, the amount of compensations received and the cost of
the same to the employers.
Sec. 44. This act shall affect the liability of employers to em- i n t e r s t a t e
ployees engaged in interstate or foreign commerce or otherwise commerce*
only so far as the same is permissible under the laws of the
United States.
Sec. 45. If an employee receiving a weekly payment under this Beneficiaries
act shall cease to reside in the State, or, if his residence at the state!
time of the accident is in an adjoining State, the commission upon
application of either party may, in its discretion, having regard
to the welfare of the employee and the convenience of the em
ployer, order such payment to be made monthly or quarterly in
stead of weekly.
Sec. 46. If any part or section of this act be decided by the
courts to be unconstitutional or invalid, the same shall not affect strued.
the validity of the act as a whole, or any part thereof, which can
be given effect without the part so decided to ba unconstitutional
or invalid.
Sec. 47. If for the purpose of obtaining any benefit or payment False stateunder the provisions of this act, either for himself or for anyments*
other person, anyone willfully makes a false statement or repre
sentation, he shall be guilty of a misdemeanor and liable to a fine
of not exceeding fifty dollars, and he shall forfeit all right to
compensation under this act after conviction for such offense.
Sec. 48. The duties of the commission shall begin on the first Act in effect,
day of October, A. D. nineteen hundred and fifteen, but the pro
visions of this act shall not apply to injuries sustained or acci
dents which occur prior to January one, A. D. nineteen hundred
and sixteen.
Sec. 49. The commission shall have authority to provide blank
forms o f notices, agreements, and other forms required in its de
partment under this act.
Sec. 50. All acts and parts of acts inconsistent with this act
are hereby repealed.
Sec. 51. This act may be cited as the workmen’s compensation
act.
7044°—Bull.* 185—15----- 12
Form s,
etc.
Repealer,
Citation,
MARYLAND.
ACTS OF 1914.
C hapter 800.—Compensation of workmen for injuries.
Section 1. A commission is hereby created which shall be known Indu* trta 1
as the State industrial accident commission, to be composed of *2®®* °°m'
three commissioners. Immediately upon the taking effect of this
act, the governor shall appoint such commissioners (not more
than two of whom shall belong to the same political party). One
of them shall hold office for the first two years, another for the
first four years, and another for the first six years following the
passage and approval of this act. Thereafter the term shall be
six years. Each commissioner shall devote his entire time to the
duties of the office, and shall not hold any position of trust or
engage in any occupation or business interfering or inconsistent
with his duties as such commissioner, or serve on or under any
committee of a political party. Each commissioner shall hold
office until his successor shall be appointed and shall have quali
fied. Vacancies shall be filled by the governor for the unexpired
term. A decision on any question arising under this act con
curred in by two of the commissioners shall be the decision of the
commission. The governor may at any time remove any commis
sioner from office for inefficiency, neglect of duty or malfeasance
in office. Before such removal he shall give such commissioner
a copy of the charges against him and shall fix a time when he can
be heard in his own defense, either in person or by counsel,
which shall not be less than ten days thereafter, and such hear
ing shall be open to the public. The governor shall designate a
member of said commission as chairman thereof. The principal
office of the commission shall be in the city of Baltimore, but Offices*
branch offices may be established at other places in the State for
the purpose of administering this act
Sec. 2. A majority of the commission shall constitute a quorum Quorum,
for the transaction of business, and a vacancy shall not impair
the right of the remaining members to exercise all the powerfc of
the full commission, so long as a majority remains. Any in
vestigation, inquiry or hearing which the commission is author
ized to hold, or undertake, may be held or undertaken by or be
fore any one member of the commission, and every order made by
a member thereof, when approved and confirmed by a majority
of the members and so shown on its record of proceedings, shall
be deemed to be the order of the commission.
Sec. 3. The salary of each of the commissioners shall be three Salaries,
thousand dollars ($3,000) per annum, and shall be paid out of
the State treasury, and in addition to the said sum of $3,000 per
annum, each of said commissioners shall also receive the sum
of $2,000 per annum which shall be paid out of its funds by the
mayor and city council of Baltimore to each of said commissioners
as employees of said municipal corporation. In addition to the
salary provided in this section, each commissioner shall be
allowed his actual and necessary traveling and incidental ex
penses.
Sec. 4. The commission shall be in continuous session and open Sessions,
for the transaction of business during all business hours of each
and every day, excepting Sundays and legal holidays. All ses
sions shall be open to the public, and shall stand and be ad
journed without further notice thereof on its record. All pro
ceedings of the commission shall be shown on its record of pro
ceedings, which shall be a public record, and shall contain a
180
BULLETIN OP THE BUREAU OP LABOR STATISTICS.
record of each case considered and the award paid or allowed to
any employee of the commission, or to any other person for serv
ice: Provided, however, That any person in the employ of the
commission who shall divulge any information secured by him in
respect to the transactions, property or business of any person,
firm, company or corporation, association or joint partnership to
any person other than the members of the commission, shall be
guilty of a misdemeanor, and subject to a fine of not less than
$100 or more than $500 or imprisonment, not exceeding 18 months
ip the discretion of the court, and shall thereafter be disqualified
from holding any appointment or employment with the com
mission.
Employees.
Sec. 5. The commission may employ a secretary, actuaries, ac
countants, inspectors, examiners, experts, clerks, stenographers
and other assistants, and fix their compensation subject to the
written approval of the governor; such compensation shall be
paid out of the appropriation in the State treasury provided for
in this act. The secretary, actuaries, accountants, inspectors, ex
aminers, experts, clerks, stenographers and other assistants that
may be employed shall be entitled to receive their actual neces
sary expenses while traveling on the business of the commission.
Such expenses shall be itemized and sworn to by the person who
incurred the expense, and allowed by the commission. The com
mission shall keep and maintain its main office and such branch
offices as it shall deem proper and necessary for the administra
tion of the act, and shall provide suitable rooms, necessary office
furniture, supplies, books, periodicals and maps for the same.
All necessary expenses shall be audited and paid out of the appro
priation in the State treasury provided for in this act. It shall
provide itself with a seal for the authentication of its orders,
awards and proceedings, upon which shall be inscribed the words
“ State Industrial Accident Commission, State of * Maryland—
Official Seal.”
Each member of the commission and each person appointed to
office or employment by the commission shall before entering upon
the duties of his office or employment take and subscribe the constitutional oath of office.
S ecretary.
S e c . 6 . The secretary of the commission shall keep and main
tain a full and true record of all proceedings of the commission,
of all documents or papers ordered filed by the commission or by
its rules, of decisions or orders made by any member of the com
mission and of all decisions or orders made by the commission or
approved and confirmed by it and ordered filed, and he shall be
responsible to the commission for the safe custody and preserva
tion of all such documents at its office. He shall have the power
to administer oaths in all parts of the State, so far as the exer
cise of such power is properly incident to the performance of his
duty or that of the commission. He may designate, from time to
time with the approval of the commission, one of the clerks of
the office appointed by the commission to exercise the powers and
duties of the secretary during his absence. Under the direction
of the commission, the secretary shall have general charge of its
office, superintend its clerical business and perform such other
duties as the commission may prescribe.
P o w e rs of
Sec. 7. Each member of the commission, the secretary thereof,
com m issioners, an(j any special examiner or inspector shall for the purpose con
templated by this act have power to issue subpoenas, compel the
attendance of witnesses, administer oaths, certify to official acts,
take depositions within or without the State of Maryland as now
provided by law, compel the production of pertinent books, pay
rolls, accounts, papers, records, documents and testimony.
If a person in attendance before the commission or a commis
sioner refuse, without reasonable cause, to be examined or to
answer a legal and pertinent question, or to produce a book or
paper when ordered to do so by the commission, the commission
may apply to any judge of the supreme bench of Baltimore City,
COMPENSATION LEGISLATION, 1914, 1915— MARYLAND.
181
or of the circuit court of any county, upon proof by affidavit of
the fact, for a rule or order returnable in not less than two or
more than five days, directing such person to show cause before
the judge who made the order, or any other judge aforesaid, why
he should not be committed to ja il: Upon the return of such
order, the judge before whom the matter and such person shall
come on for a hearing shall examine under oath such person and
such person shall be given an opportunity to be heard; and if the
judge shall determine that such person has refused, without rea
sonable cause or legal excuse, to be examined or to answer a
legal or pertinent question, or to produce a book or paper which
he was ordered to bring or produce, he may forthwith commit the
offender to jail, there to remain until he submits to do the act
which he was so required to do, or is discharged according to law.
No person shall be excused from testifying or from producing
any books or papers or documents in any investigation or inquiry
by or upon any hearing before the commission or any commis
sioner, when ordered to do so by the commission or its secre
tary, upon the ground that the testimony or evidence, books,
papers, or documents required of him may tend to incriminate
him or subject him to penalty ofc forfeiture; but no person shall be
prosecuted, punished or subjected to any penalty or forfeiture
for or on account of any act, transaction, matter or thing con
cerning which he shall, under oath, have, by order of the commis
sion or a commissioner or its inspector or examiner, testified to or
produced documentary evidence o f: Provided, however, That no
person so testifying shall be exempt from prosecution or punish
ment for any perjury committed by him in his testimony.
S ec . 8. Each officer who serves such subpoena shall receive the Fees,
same fee as the sheriff would receive in the county or city where
said witness is subpoenaed and each witness who appears in
obedience to a subpoena before the commission or an inspector or
an examiner, shall receive for his attendance the fees and mileage
provided for witnesses in civil cases in the circuit courts of the
counties or the common-law courts of Baltimore City, as of the
p la c e where he gives his testimony, which shall be audited and
paid from the State treasury in the same manner as other
vouchers approved by any member of the commission and the
secretary. No witness subpoenaed at the instance of a party
Other th a n th e commission, or an in sp e cto r or examiner, shall be
entitled to compensation from the State treasury unless the com
mission shall certify that his testimony was material to the mat
ter investigated. In an investigation, the commission may cause
depositions of witnesses residing within or without the State to
be taken in the manner prescribed by law for like depositions
taken in cases pending before the circuit courts of the counties
or the common-law courts of Baltimore City, as is now or here
after may be provided by law.
S ec . 9. Subject to the provisions of this act, the State industrial Procedure,
accident commission shall adopt reasonable and proper rules to
govern its procedure, which procedure shall be as summary and
simple as reasonably may be. It shall regulate and provide for
the kind and character of notices, and the services thereof, and in
cases of injury by accident to employees, the nature and extent of
the proofs and evidence and the method of taking and furnishing
the same for the establishment of the right to compensation. It
shall determine the nature and forms of application of those
claiming to be entitled to benefits or compensation, and shall regu
late the method of making investigations, physical examinations
and inspections and prescribe the time within which adjudications
and awards shall be made: Provided always, That all such rules
and regulations shall conform to the provisions of this act.
S ec . 10. The commission shall not be bound by the usual com- Proceedings
mon-law or statutory rules of evidence or by any technical o r not orma ’
formal rules of procedure, other than as herein provided, but may
make the investigation in such manner as in its judgment is best
calculated to ascertain the substantial rights of the parties and to
carry out justly the spirit of this act.
182
BULLETIN OP THE BUREAU OF LABOR STATISTICS*
Sec. 11. A transcribed copy of the evidence and proceedings or
any specific part thereof, of any investigation taken by a stenog
rapher appointed by the commission being certified and sworn to
by such stenographer, to be a true and correct transcript of the
testimony, or of a particular witness, or any specific part thereof,
or to be a correct transcript of the proceedings had on such in
vestigation so purporting to be taken and subscribed, may be re
ceived in evidence by the commission with the same effect as if
such stenographer were present and testified to the facts certified,
A copy of such transcript shall be furnished on demand to any
party in interest upon payment of the fee therefor, as provided for
transcripts in the circuit courts of the counties or the commonlaw courts of Baltimore City.
Blanks.
Sec. 12. The commission shall prepare and furnish free of cost
blank forms and provide in its rules for their distribution so that
the same may be readily available, of applications for benefits or
compensation notices, to employers, proof of injury or death, of
medical attendance, of employment and wage earnings and such
other blanks as may be deemed proper and advisable, and it shall
be the duty of employers to constantly keep on hand a suflicient
supply of such blanks.
Reports.
gEC# 13. Annually on or before the first day of January the
State industrial accident commission shall make a report to the
governor, which shall include a statement of the number of
awards made by it, the causes of the accidents leading to the in
juries for which the awards were made, and a detailed statement
of the expenses of the commission and the condition of the State
accident fund, together with any other matters which the commis
sion deems proper to report to the governor, including any recom
mendations it may desire to make.
nS?d Sec. 14 Every employer, subject to the provisions of this act,
pa shall pay or provide as required herein compensation according
to the schedules of this act for the disability or death of his em
ployee resulting from an accidental personal injury sustained by
the employee arising out of and in the course of his employ
ment, without regard to fault as a cause of such injury, except
where the injury is occasioned by the willful intention of the
injured employee to bring about the injury or death of himself
or of another, or where the injury results solely from the intoxi
cation of the injured employee while on duty. Where the injury
is occasioned by the willful intention of the injured employee
to bring about the injury or death of himself or of another, or
where the injury results from the intoxication of the injured em
ployee while on duty, neither the injured employee nor any de
pendent of such employee shall receive compensation under this
act.
S u its a l - The liability prescribed by the last preceding paragraph shall
lowed, when. be exclusive that [but] if an employer fail to secure the payment
of compensation for his injured employees and their dependents
as provided in this act, an injured employee or his legal repre
sentative in case death results from the injury, may, at his
option, elect to claim compensation under this act, or to maintain
an action in the courts for damages on account of such injury;
and in such an action the defendant may not plead as a defense
that the injury was caused by the negligence of a fellow servant
or that the employee assumed the risk of his employment, or
that the injury was due to the contributory negligence of the
employee. If an employer, besides employing workmen in extrahazardous employment within the meaning of this act, shall also
employ workmen in employments not extra-hazardous, the pro
visions of this act shall apply only to the extra-hazardous em
ployments within the meaning of this act and the workmen em
ployed therein, except as provided in section 38 of this act.
Security of Sec. 15. The employer shall secure compensation to his emcompensation pioyees in one of the following ways:
payments.
(i) By insuring and keeping insured the payments of such
compensation in the State accident fund, or
Evidence.
COMPENSATION LEGISLATION, 1914, 1915— MARYLAND.
183
(2) By insuring and keeping insured the payments of such
compensation with any stock corporation or mutual association
authorized to transact the business of workmen’s compensation
insurance in this State.
(3) Any such employer who does not with the approval of said
commission voluntarily insure the payment of the compensation
by one of the methods designated in the preceding paragraphs of
this section, must furnish satisfactory proof to the commission
of his financial ability to pay such compensation himself, in which
case the commission may, at any time and from time to time in
its discretion, require the deposit with the commission of se
curities, such as are accepted by the equity courts of Baltimore
City for the investment of trust funds and in an amount or
amounts to be determined by the commission, to secure the lia
bility of the employer to pay the compensation specified in this
act; and in order to be informed as to the continued financial
responsibility of any such employer the commission may require
reports from him annually or at such other times as the commis
sion may deem necessary or advisable and may examine such
employer under oath or make such other examination of his
business as the commission may determine. If he should fail to
furnish such satisfactory proof, or give bond, or deposit such
securities as required by the commission, or if he should at any
time fail to render satisfactory reports to the commission or
otherwise satisfy the commission of his continued financial ability
to pay the compensation himself, he shall be subject to the pro
visions of the first paragraph of this section of this act and shall
be required by the commission to insure as provided in the first
paragraph of said this section, unless he, at once insure volun
tarily as provided in the second paragraph of this section.
Any employer, subject to the provisions of this act, who after
November first, nineteen hundred and fourteen, fails or refuses
to submit to said commission, as provided in the next succeeding
paragraphs, the method he desired to adopt for assuring compen
sation, shall be guilty of a misdemeanor, and shall be subject to
a fine of not less than five hundred nor more than five thousand
dollars. The court may, in its discretion, remit any such penalty,
provided the employer in default assures the compensation as
provided in this section.
Any such employer who may wish to adopt any one of the
methods mentioned in the preceding paragraphs for assuring the
payment of compensation to his employees and their dependents,
shall first submit to the State industrial accident commission the
method he wishes to adopt. The said commission may approve
or reject the method proposed. If rejected, the employer may sub
mit another method authorized under this act. The said com
mission may from time to time revise or alter its decision in
approving the election of any employer to adopt any one of the meth
ods of assuring payment of the compensation as provided for in
this act, if such action is reasonably necessary to secure and safe
guard such payments to employees or for the diminishing and pre
vention of accidents. Any decision of said commission under this
section or section 14 of this act may be reviewed by writ of cer
tiorari in the circuit court for the county in which the employer
may reside or in any of the common-law courts of Baltimore City,
if the employer resides in Baltimore City.
Any employer subject to the provisions of this act, who fails or F a i l u r e
refuses to insure voluntarily the payment of the c o m p e n s a t io n em ployers
specified in this act to his employees and their dependents through comply#
one of the methods of assurance of payment, mentioned in the
second paragraph of this section of this act, or fails to furnish
satisfactory proof to the commission of his financial ability to pay
such compensation himself, or give bond or deposit securities as
aforesaid, shall, at any time after November first, nineteen hun
dred and fourteen, be compelled by the commission to insure to
his employees and their dependents the payment of the compen
sation, specified in this act, by paying to the State treasurer for
of
to
184
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
the use and benefit of the State accident fund, hereinafter au
thorized to be established, the premiums or taxes levied and pub
lished by the commission for the group of employments, industries
or work to which such employer belongs. And any such em
ployer who fails or refuses to so insure within ten days, after
being ordered by the commission to do so, shall be liable to the
State in an amount equal to the premiums or taxes required of
him for six months’ insurance in the State accident fund, as a
penalty, which, together with his premium or tax due the State
accident fund for the first six months, may be collected by the
commission in the same manner and with the same effect as pro
vided in section 22 of this act for the collection of premiums or
taxes in default.
In exercising the discretion conferred upon it by this section
and section 14 of this act the State industrial accident commission
shall consider the reputation of any insurance company or asso
ciation, in which any such employer may desire to insure, for
promptness and fairness in the settlement of compensation claims,
without unreasonable resistance on the part of any such insur
ance company or association, and shall also consider the financial
strength of the employer, the number of employees employed, the
degree of hazard to employees engaged in the employment, the
likelihood or danger of several employees being injured or killed
by one and the same accident, the relative influence, the different
methods, by which compensation may be assured under this act,
are likely to exert upon the employer and his employees for the
prevention of accidents, and any other facts or conditions bearing
upon the security and promptness of payment of the compensation
and the prevention of accidents.
state acci- S ec . 16. The State industrial accident commission is hereby
dent fund.
authorized and directed to create and establish a fund to be
known as the “ State accident fund,” for the purpose of insuring
employers against liability under this act and to their employees
and their dependents the payment of the compensation specified
in this act. Such fund shall consist of all premiums or taxes
received and paid into the fund and of property and securities
acquired and interest earned through the use of moneys belonging
to the fund. Said fund shall be administered by the commission
without liability on the part of the State or the custodian thereof
beyond the amount of such fund, and shall be applicable to the
payment of losses sustained on account of insurance and to the
payment of expenses in the manner provided in this act.
Premiums.
S ec . 17. For the purpose of creating such State accident fund
each employer insured in this fund or required to be insured
therein by this act shall pay into the State treasury the pre
miums of liability based upon and being such percentage of the
pay roll of such employer, as may have been determined and pub
lished by the commission and be then in effect. The premiums
shall be paid quarterly, and shall be the prescribed percentage
of the total wages paid to all employees subject to the act for
such preceding quarter. The State treasurer shall issue his re
ceipt for any sums paid him hereunder in duplicate, the original
to be delivered to the person, firm or corporation or other em
ployer paying the same and the duplicate to be filed with the com
mission : Provided, however, That in order to create a fund avail
able upon the application of this act as aforesaid on November
first, one thousand nine hundred and fourteen, the payment for
the months of November, one thousand nine hundred and four
teen, to February, inclusive, one thousand nine hundred and
fifteen, shall be made on or before November first, one thousand
nine hundred and fourteen, and be preliminarily based upon the
pay roll of the operations of the first four months of the year
one thousand nine hundred and fourteen. If any employer be
found to have overpaid for such four months he may deduct such
overpayment from the second quarterly payment made to the
fund; if any employer be found to have underpaid for such four
months, he shall pay the deficiency with the first quarterly pay
ment made by him after the end of said four months.
COMPENSATION LEGISLATION, 1914, 1915— MARYLAND,
185
S e c . 18. If a single establishment of work insured in the State
Several o caccident fund comprises several occupations listed in section 32 cuPations»
of this act, the premium shall be computed according to the pay
roll of each occupation, if clearly separable; otherwise an average
rate of premium shall be charged for the entire establishment,
taking into consideration the number of employees and the rela
tive hazards. In computing the pay roll the entire compensation
received by every workman employed in extrahazardous work
and insured in the State accident fund, within the meaning of
this act, shall be included, whether it be in the form of salary,
wage, piecework, overtime, or any allowance in the way of profit
sharing, premium or otherwise, and whether payable in money,
board or otherwise: Provided, The money value of board and
similar advantages shall have been fixed by parties at the time of
hiring.
Sec. 19. It shall be the duty of the commission to classify any Classification
industries subject to this act mentioned or not mentioned which 01 indust s*
are insured in the State accident fund. And the commission shall
have power on or before the first day of January of each year to
reclassify such industries, or oftener, if in the opinion of the com
mission the same should be deemed just and advantageous; or to
create additional classifications with respect to their respective
degrees of hazard and determine the risk of the different classes,
and fix the rates of premium for each class, according to the risks
of the same sufficiently large to guarantee a workmen’s compen
sation fund from year to year. It shall be the duty of the commis
sion in determining the rates, in order to create a fund sufficiently
large to guarantee a workmen’s compensation fund from year to
year to also reclassify from time to time the industries or occupa
tions In order that there may be a flexible adjustment of the rates
as the hazard fluctuates, and to use all means in their power
through the rate adjustment to lessen the opportunities for in
juries to the workmen. The classification so determined and the
rates of premium established shall be applicable for such year;
and based on each one hundred dollars of the gross annual pay
roll of each employer in any class: Provided, also, That for the
purpose of this act the pay of the employee partly within and
partly without the State shall be deemed to be such proportion
of the total pay of such employee as his service within the State
bears to his services outside the State.
Sec. 20. The commission may establish and require all em- Form o f pay
ployers insured in the State accident fund to install and maintain ro11*
a uniform form pay roll. The commission shall ascertain and es
tablish the amounts to be paid into and out of the accident fund,
issue proper receipts for moneys received, and certificates for
benefits accrued and acruing from the State accident fund.
Sec. 21. Every employer subject to the operation and effect o f Triennial rethis act who shall insure in the State accident fund, shall every p s*
four months submit a report to the commission herein created,
according to the regulations and requirements it may prescribe, of
his pay roll for the four months then ending. A failure to com
ply with this section shall subject the employer to an extra con
tribution of one hundred dollars to be collected by the commission
in a civil action in its name. The amount collected under this
section shall be paid into the State accident fund.
Any employer who shall with fraudulent intent misrepresent to
the commission the amount of pay roll upon which the premium
under this act is based shall be liable to the commission in ten
times the amount of the difference in the premium paid and the
amount the employer should have paid. The liability to the com
mission under this provision shall be enforced in a civil action in
the name of the commission. All sums collected under this sec
tion shall be paid into the State accident fund.
Sec. 22. If an employer shall default in any payment required D efault i n
to be made by him to the State accident fund, the amount duepayments*
from him shall be collected by civil action against him in the name
of the State of Maryland, and it shall be the duty of the commis-
186
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
sion on the first Monday of each month after November first,
nineteen hundred and fourteen, to certify to the attorney general
of the State the names and residences, or places of business, of
all employers known to the commission to be in default for such
payment or payments for a longer period than five days and the
amount due from each employer, and it shall then be the duty of
the attorney general forthwith to bring or cause to be brought
against each employer a civil action iu the proper court for the
collection of such amount so due, and the same when collected
shall be paid into the State accident fund, and each employer’s
compliance with the provisions of this chapter requiring payments
to be made to the State accident fund shall date from the time of
the payment of said money so collected as aforesaid to the said
commission for credit to the State accident fund.
Surplus.
S e c . 23. Ten per centum of the premiums collected from em
ployers insured in the State accident fund shall be set aside by the
commission for the creation of a surplus until such surplus shall
amount to the sum of fifty thousand dollars, and thereafter five
per centum of such premiums until such time as in the judgment
of said commission such surplus shall be sufficiently large to cover
the catastrophe hazard. The commission shall also set up and
maintain a reserve adequate to meet anticipated losses and carry
all claims and policies to maturity.
Custody o f Sec. 24. The treasurer of the State shall be the custodian of the
funds.
State accident fund and all disbursements therefrom shall be paid
by him upon order or voucher, approved and signed by the chair
man or acting chairman and secretary of the commission, and
directed to the comptroller of the State, who shall draw his war
rant therefor. It shall be the duty of the treasurer to keep.and
maintain the fund herein created separate and distinct from other
State funds. On and after January 1st, 1915, the obligation in
the bond of the State treasurer shall contain a provision securing
the protection of this fund.
Investm ent.
S e c . 25. Whenever and as often as there shall be in the hands of
the treasurer any sum belonging to the State accident fund not
likely, in the opinion of the commission, to be required for imme
diate use, it shall be the duty of the board of public works, when
called upon by the commission, to invest the same in interestbearing securities, such as are accepted by the equity courts of
Baltimore City for the investment of trust funds, and when and
as it may become necessary or expedient to use the moneys so
loaned or invested the board of public works shall, when called
upon by the commission, collect or sell or otherwise realize upon
any such loan or investment, and any interest accruing upon any
such loan or investment, as well as any interest received upon the
deposit of moneys belonging to said fund shall be credited to said
fund.
The State treasurer may deposit any portion of the State fund
not needed for immediate use, in the manner and subject to all the
provisions of law respecting the deposit of other State funds by
him. Interest earned by such portion of the State accident fund
deposited by the State treasurer shall be collected by him and
placed to the credit of the fund.
W ithdraw ing
S e c . 26. Any employer, after entering the State accident fund
from fund.
may withdraw from said fund after the period of one year upon
giving sixty (60) days’ written notice of his intention so to do
and upon paying all arrears, if any, of premiums due the said
fund and such other equitable assessments as may be determined
by the commission to cover accidents occurring in the industries
in which his occupation may be classified: Provided, That if at
the time of such withdrawal liability shall exist against .the ac
cident fund for compensation to employees or dependents of em
ployees who have heretofore been killed or injured as herein pro
vided, such employer shall relieve the State accident fund from
such liability by depositing with the State treasurer for the bene
fit of said fund the then present value of the total unpaid com
pensation for which such liability exists, assuming interest at
COMPENSATION LEGISLATION, 1914, 1915— M ARYLAND.
187
the rate of 6 per cent, or by purchasing an annuity with the limita
tions provided by law with any insurance company approved by
the commission and licensed in this State.
Sec. 27. As soon as practicable after December thirty-first, Administra nineteen hundred and seventeen, and annually thereafter, the tive expense,
commission shall calculate the total administrative expense in
curred during the preceding calendar year in connection with the
examination, determination and payment of claims and percentage
which this expense bore to the total compensation payments made
during that year. The percentage so calculated and determined
shall be assessed against the insurance carriers including the
State fund as an addition to the payments required from them
in the settlement of claims during the year immediately follow
ing, and the amounts so secured shall be transferred to the State
treasury to reimburse it for this portion of the expense of admin
istering this act.
Sec. 28. If this act shall be hereafter repealed, all moneys which 0f
are in the State accident fund at the time of the repeal shall be case of repeal,
subject to such disposition as may be provided by the legislature,
and in default of such legislative provision, distribution thereof
shall be in accordance with the justice of the matter, due regard
being had to obligations of compensation incurred and existing.
Sec. 29. Every policy for the insurance of the compensation Policies,
herein provided for, or against liability therefor, shall be deemed
to be made subject to the provisions of this act. No company or
association shall enter into any such policy of insurance until
such company or association shall first obtain from the insurance
commissioner of Maryland a license of authority for the purpose,
which said commissioner of iasurance shall have full power and
authority from time to time to determine the adequacy of its
or their premium rates for carrying compensation insurance as
provided in this law, and until the form of such policy shall have
been approved by the State industrial accident commission; and
said insurance commissioner shall have full power and authority
to require said insurance companies to establish and maintain
adequate rates to cover respective risks to which their policies
are applicable under the provisions of this act. Any person vio
lating the provisions of this section shall be subjected to a fine
of not less than one hundred nor more than one thousand dollars
for each offense.
Sec. 30. Every policy of insurance covering the liability of the P rovision s o f
employer for compensation issued by a stock company or by a P°ilclesmutual association authorized to transact workmen’s compensa
tion insurance in this State, shall contain a provision setting
forth the right of the commission to enforce in the name of the
State of Maryland for the benefit of the person entitled to the
compensation insured by the policy either by filing a separate
application or by making the insurance carrier a party to the
original application, the liability of the insurance carrier in
whole or in part for the payment of such compensation: Provided,
however, That payment in whole or in part of such compensation
by either the employer or the insurance carrier shall to the extent
thereof be a bar to the recovery against the other of the amount
so paid.
Every such policy shall contain a provision that, as between the
employee and the insurance carrier, the notice to or knowledge of
the occurrence of the injury on the part of the employer shall be
deemed notice or knowledge, as the case may be, on the part of
the insurance carrier; the jurisdiction of the employer shall, for
the purpose of this act, be jurisdiction of the insurance carrier
and that the insurance carrier shall in ail things be bound by
and subject to the orders, findings, decisions, or awards rendered
against the employer for the payment of compensation under the
provisions of this act.
Every such policy shall contain a provision to the effect that the
insolvency or bankruptcy of the employer shall not relieve the in
surance carrier from the payment of compensation for injuries or
death sustained by an employee during the life of such policy.
188
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Every contract or agreement of an employer the purpose of
which is to indemnify him from loss or damage on account o f the
injury of an employee by accidental means, or on account of the
negligence of such employer or his officer, agent or servant, if
engaged in extrahazardous employment, shall be absolutely void
unless it shall also cover liability for the payment of the compen
sation provided for by this act.
C ancellation.
No contract or insurance issued by a stock company or mutual
association against liability arising under this act shall be can
celed within the time limited in such contract for its expiration
until at least ten days after notice of intention to cancel such
contract, on a date specified in such notice, shall be filed in the
office of the commission and also served on the employer. Such
notice shall be served on the employer by delivering it to him or
by sending it by mail, by registered letter, addressed to the em
ployer at his or its last known place of residence: Provided, That
if the employer be a partnership, then such notice may be so given
to any one of the partners, and if the employer be a corporation,
then the notice may be given to any agent or officer of the cor
poration upon whom legal process may be served.
Existing pol- Sec. 31. Nothing herein shall affect any existing contract o f
ides, ete.
policy o f employer’s liability insurance or the liability o f any
mutual insurance association, or any arrangement now existing
between employers and employees, providing for the payment to
such employees, their families, dependents or representatives o f
sick, accident or death benefits in addition to the compensation
provided for by this a c t; but liability for the compensation speci
fied in this act shall not be reduced or affected by any insurance,
contribution or other benefit whatsoever, due to or received by the
person entitled to such compensation, and the person so entitled
shall, irrespective o f any such insurance or other contract, have
the right to recover the compensation directly from the employer.
Extrahazard- Sec. 32. Compensation provided for in this act shall be payable
ous t£m ploy "*or inJuries sustained or death incurred by employees engaged in
ments.
the following extra-hazardous employments:
1. The operation, including construction and repair of railways
operated by steam, electric or other motive power, street railways
and incline railways, but not in their construction when con
structed by any person other than the company which owns or
operates the railways, including work of express, sleeping, parlor
and dining car employees on railway trains.
2. Construction and operation of railways not included in para
graph one.
3. The operation, including construction and repair of car shops,
machine shops, steam and power plants, and other works for the
purposes of any such railway, or used or to be used in connection
with it when operated, constructed or repaired by the company
which owns or operates the railway.
4. The operation, including construction and repair, of car
shops, machine shops, steam and power plants, not included in
paragraph 3.
5. The operation, including construction and repair, of tele
phone lines and wires for the purposes of the business of a tele
phone company, or used or to be used in connection with its busi
ness, when constructed or operated by the company.
6. The operation, including construction and repair, of telegraph
lines and wires for the purposes of the business of a telegraph
company, or used or to be used in connection with its business,
when constructed or operated by the company.
7. Construction of telegraph and telephone lines not included
In paragraphs 5 and 6.
8. The operation, within or without the State, including repair,
of vessels other than vessels of other States or countries used
in interstate or foreign commerce, when operated or repaired by
the company.
9. Shipbuilding, including construction and repair in a ship
yard or elsewhere, not included in paragraph 8.
COMPENSATION LEGISLATION, 1914, 1915— MARYLAND.
10. Longshore work, including the loading or unloading of
cargoes or parts of cargoes of grain, coal, ore, freight, general mer
chandise, lumber or other products or materials, or moving or
handling the same on any dock, platform or place, or in any ware
house or other place of storage.
11. Subaqueous or caisson construction and pile driving.
12. Construction, installation or operation of electric-light and
electric-power lines, dynamos or appliances and power transmis
sion lines,
13. Paving, sewer and subway construction, work under com
pressed air, excavation, tunneling and shaft sinking, well digging,
laying and repair of underground pipes, cables and wires, not
included in paragraph 5 of this section.
14. Lumbering, logging, river driving, rafting, booming, saw
mills, shingle mills, lath mills, manufacture of veneer and of ex
celsior, manufacture of staves, spokes or headings.
15. Pulp and paper mills.
16. Manufacture of furniture, interior woodwork, organs, pianos,
piano actions, canoes, small boats, coffins, wicker and rattan ware,
upholstering, manufacture of mattresses or bed springs.
17. Planing mills, sash and door factories, manufacture of
wooden and corrugated paper boxes, cheese boxes, moldings, win
dow and door screens, window shades, carpet sweepers, wooden
toys, articles and wares or baskets.
18. Mining, reduction of ores and smelting, preparation of
metals or minerals.
19. Quarries; sand, shale, clay or gravel pits, lime kilns; manu
facture of brick, tile, terra cotta, fireproofing, or paving blocks,
manufacture of calcium carbide, cement, asphalt or paving mate
rial.
20. Manufacture of glass, glass products, glassware, porcelain
or pottery.
21. Iron, steel or metal foundries; rolling mills; manufacture
of castings, forgings, heavy engines, locomotives, machinery,
safes, anchors, cables, rails, shafting, wires, tubing, pipes, sheet
metal, boilers, furnaces, stoves, structural steel, iron or metal.
22. Operation and repair of stationary engines and boilers, not
Included in other paragraphs of this section.
23. Manufacture of small castings or forgings, metal wares, in
struments, utensils and articles, hardware, nails, wire goods,
screens, bolts, metal beds, sanitary, water, gas or electric fixtures,
light machines, typewriters, cash registers, adding machines, car
riage mountings, bicycles, metal toys, tools, cutlery, instruments,
photographic cameras and supplies, sheet metal-products, buttons.
24. Manufacture of agricultural implements, threshing ma
chines, traction engines, wagons, carriages, sleighs, vehicles,
automobiles, motor trucks, toy wagons, sleighs or baby carriages.
25. Manufacture of explosive and dangerous chemicals, cor
rosive acids or salts, ammonia, gasoline, petroleum, petroleum
products, celluloid, gas, charcoal, gun powder or ammunition.
26. Manufacture of paint, color, varnish, oil, japans, turpentine,
printing ink, printers’ rollers, tar, tarred, pitched or asphalted
paper.
27. Distilleries, breweries; manufacture of spirituous or malt
liquors, alcohol, wine, mineral water or soda waters.
28. Manufacture of drugs and chemicals, not specified in para
graph 25, medicines, dyes, extracts, pharmaceutical or toilet
preparations, soaps, candles, perfumes, noncorrosive acids or
chemical preparations, fertilizers, including garbage disposal
plants; shoe blacking or polish.
29. Milling; manufacture of cereals or cattle foods, warehous
ing; storage; operation of grain elevators.
30. Packing houses, abattoirs, manufacture or preparation of
meats or meat products or glue.
31. Tanneries.
32. Manufacture of leather goods and products, belting, sad
dlery, harness, trunks, valises, boots, shoes, gloves, umbrellas,
rubber goods, rubber shoes, tubing, tires or hose.
189
190
BULLETIN OF THE BUREAU OF LABOR STATISTICS*
33. Canning or preparation of fruit, vegetables, fish or food
stuffs; pickle factories and sugar refineries.
34. Bakeries, including manufacture of crackers and biscuits,
manufacture of confectionery, spices or condiments.
35. Manufacture of tobacco, cigars, cigarettes or tobacco prod
ucts.
36. Manufacture of cordage, ropes, fiber, brooms or brushes;
manila or hemp products.
37. Flax mills; manufacture of textiles or fabrics, spinning,
weaving and knitting manufactories; manufacture of yarn, thread,
hosiery, cloth, blankets, carpets, canvas, bags, shoddy or felt.
38. Manufacture of men’s or women’s clothing, white wear,
shirts, collars, corsets, hats, caps, furs or robes.
39. Power laundries; dyeing, cleaning or bleaching.
40. Printing, photo-engraving, stereotyping, electrotyping, litho
graphing, embossing; manufacture of stationery, paper, cardboard
boxes, bags or wall paper; and bookbinding.
41. The operation, otherwise than on tracks, on streets, high
ways, or elsewhere of cars, trucks, wagons or other vehicles, and
rollers and engines, propelled by steam, gas, gasoline, electric,
mechanical or other power.
42. Stone cutting or dressing; marble works; manufacture of
artificial stone; steel building and bridge construction; installa
tion of elevators, fire escapes, boilers, engines or heavy machinery;
bricklaying, tile laying, mason work, stone setting, concrete work,
plastering; and manufacture of concrete blocks; structural car
pentry; painting, decorating or renovating; sheet-metal work;
roofing; construction, repair and demolition of buildings and
bridges; plumbing, sanitary or heating engineering; installation
and covering of pipes or boilers.
43. In addition to the employments set out in the preceding
paragraphs, this act is intended to apply to all extra-hazardous
employments not specifically enumerated herein.
w t 110 m a y
in te r s ta te
commerce.
Sec. 33. Any employer, his employee or employees engaged in
works not extra-hazardous within the meaning o f this act may, by
their joint election, filed with the commission, accept the provi
sions o f this act and such acceptances when approved by the com
mission, shall subject them to the provisions o f this act to all in
tents and purposes as if they had been originally included in its
terms.
Any workman of the age of sixteen years and upwards may him
self exercise the election hereby authorized. The right of election
hereby authorized shall be exercised on behalf of any workman
under the age of sixteen years by his parent or guardian. Nothirj£ herein shall be construed to apply to workmen of less than the
nunimum age prescribed by law for the employment of minors in
the occupation in which such workman shall be engaged.
The provisions of this act shall apply to employers and em
ployees engaged in intrastate and also in interstate or foreign
commerce, for whom a rule of liability or method of compensation
has been or may be established by the Congress of the United
States, only to the extent that their mutual connection with intra
state work may and shall be clearly separable and distinguishable
from interstate or foreign commerce, except that any such em
ployer and any of his workmen only in this State may, with the
approval of the commission, and so far as not forbidden by any
act of Congress, voluntarily accept the provisions of this act by
filing written acceptances with the commission, which shall sub
ject the acceptors to the provisions of this act to all intents and
purposes as if they had been originally included in its terms,
Sec. 33J. Whenever there shall have been enacted by the Congress of the United States and shall be in effect any act providing
an exclusive remedy and compensation to employees of common
carriers by railroad while employed in interstate or foreign com
merce who sustain personal injury by accident arising out of and
in the course of such employment and resulting in disability, or
to the dependents of such employees in case such injury results
COMPENSATION LEGISLATION, 1914, 1.915— MARYLAND,
191
in death, it shall be lawful for any such common carrier by rail
road in this State and its employees or any of them, by agree
ment between such employer and employees, to provide for the
payment by the employer of compensation in the amounts at the
times and in the manner specified in said act of Congress to any
employee who, while employed by such employer in commerce or
business wholly within this State, sustains personal injury by
accident arising out of and in the course of his employment and
resulting in his disability, or to the dependents, as defined in said
act of Congress, of such employee in case such injury results in his
death; and in and by such agreement to stipulate and agree that,
except as provided therein, such employer shall not be civilly
liable for any injury to or death of any such employee resulting
from any such accident
If any such employer shall file with the commission an instru
ment in writing under its corporate seal offering to enter into
such an agreement with all and any of its employees in this State
and referring to such act of Congress, and shall cause notice of
such offer filed to be published once each week for three successive
weeks following the date of such filing in a newspaper published
in each county in this State through which such employer runs
regularly any freight or passenger train, and in two newspapers
published in the city of Baltimore, if such employer runs regu
larly any freight or passenger train into or through said city,
every employee of such employer shall be conclusively presumed
to accept such offer of the employer and to have entered into
such agreement, unless such employee shall, within thirty days
after the filing of such offer by the employer, file with the com
mission a notice in writing or statement declining such offer;
and at the expiration of said period of thirty days the terms of
said agreement shall be mutually binding upon the employer and
upon every employee not so declining, but any employee or the
employer may at any time by filing with the commission not less
than thirty days’ notice in writing of his or its intention so to do,
terminate such agreement upon his or its part as to ail accidental
injuries occurring after the expiration of such notice.
Sec. 34. Whenever the State, county, city or any municipality Municipal ishall engage in any extra-hazardous work within the meaning o f ties*
this act in which workmen are employed for wages, this act shall
be applicable thereto. Whenever and so long as by State law,
city charter or municipal ordinance, provision equal or better than
that given under the terms of this act is made for municipal em
ployees injured in the course of employment such employees shall
not be entitled to the benefits of this act.
Sec. 35. Each employee (or in case of death his family or deof compendents), entitled to receive compensation under this act shallpe
n*
receive the same in accordance with the following schedule, and
except as in this act otherwise provided, such payment shall be
in lieu of any and all rights of action whatsoever against any
person whomsoever.
1. In case of total disability adjudged to be permanent fifty .
per centum of the average weekly wages shall be paid to the
y*
employee during the continuance of such total disability, exclu
sive of the first week, not to exceed a maximum of twelve dollars
per week and not less than a minimum of five dollars per week
unless the employee’s established weekly wages are less than five
dollars per week at the time of the injury, in which event he shall
receive compensation in an amount equal to his average weekly
wages, but not to exceed a total of $5,000. Loss of both hands,
or both arms, or both feet or both legs, or both eyes or of any two
thereof shall, in the absence of conclusive proof to the contrary,
constitute permanent total disability. In all other cases permanent
total disability shall be determined in accordance with the facts.
2. In case of temporary total disability fifty per centum of the Temporary
average weekly wages shall be paid to the employee during the
disability,
continuance thereof, but not in excess of a maximum of twelve
192
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
dollars per week, anti not less tlmn a minimum of five dollars per
week [unless the employee’s established weekly wages are less
than five dollars per week at the time of the injury], in which
event he shall receive compensation equal to his full wages, but
in no case to continue more than six years from the date of the
injury or to exceed thirty-seven hundred and fifty dollars in the
p
t aggregate,
partial disabil- & In case of disability partial in character but permanent in
fty.
"
quality tlie compensation shall be fifty per centum of the average
weekly wages in no case to exceed twelve dollars per week or
more than three thousand dollars in the aggregate, and shall be
paid to the employees for the period named in the schedule as
follows:
Thumb. For the loss of a thumb, fifty weeks.
First finger. For the loss of a first finger, commonly called the
index finger, thirty weeks.
Second finger. For the loss of a second finger, twenty-five
weeks.
Third finger. For the loss of a third finger, twenty weeks.
Fourth finger. For the loss of a fourth finger, commonly called
the little finger, fifteen weeks.
The loss of the second or dictal [distal] phalange of the thumb
shall be considered to be equal to the loss of one-half of such
thumb; the loss of more than one-half of such thumb shall be
considered to be equal to the loss of the whole thumb. The loss*
of the third or dictal [distal] phalange of any finger shall be con
sidered to be equal to the loss of one-third of such finger. The
loss of the middle or second phalange of any finger shall be con
sidered to be equal to the loss of two-thirds of such finger. The
loss of more than the middle and dictal [distal] phalange of any
finger shall be considered to be equal to the loss of the whole of
such finger: Provided, however, That in no case shall the amount
received for more than one finger exceed the amount provided in
this schedule for the loss of a hand.
Great toe. For the loss of a great toe, twenty-five weeks.
Other toes. For the loss of one of the toes other than the great
toe, ten weeks.
Hand. For the loss of a hand, one hundred and fifty weeks.
Arm. For the loss of an arm, two hundred weeks.
Foot. For the loss of a foot, one hundred and fifty weeks.
Leg. For the loss of a leg, one hundred and seventy-five weeks.
Bye. For the loss of an eye, one hundred weeks.
Loss of use. Permanent loss of the use of a hand, arm, foot, leg
or eye shall be considered as the equivalent of the loss of such
hand, arm, foot, leg or eye.
Amputations. Amputations between the elbow and the wrist
shall be considered as the equivalent of the loss of a hand. Ampu
tation between the knee and the ankle shall be considered as the
equivalent of the loss of a foot. Amputation at or above the elbow
shall be considered as the loss of an arm. Amputation at or above
the knee shall be considered as the loss of the leg.
The compensation for the foregoing specific injuries shall be in
lieu of all other compensations, except the benefits provided in
section 36 of this act.
Other cases. In all other cases in this class of disability the
compensation shall be fifty per centum of the difference between
his average weekly wages and his wage-earning capacity there
after in the same employment or otherwise, if less than before the
accident (but not to exceed twelve dollars per week), payable
during the continuance of such partial disability, but not to ex
ceed $3,000, and subject to reconsideration of the degree of such
impairment by the commission on its own motion or upon appli
cation of any party in interest.
^Temporary 4. in case of temporary partial disability, except the particular
partial aisaou- cases mentioned in subdivision three of this section, an injured em
ployee shall receive fifty per centum of the difference between his
average weekly wages and his wage earning capacity thereafter
in the same*employment or otherwise, if less than before the acci
COMPENSATION LEGISLATION, 1914, 1915— MARYLAND.
dent, during the continuance of such partial disability, but not in
excess of three thousand live hundred dollars, except as otherwise
provided in this act.
In case the injury causes death within the period of two years,
the benefits shall be in the amounts and to the persons following:
If there be no dependents, the disbursements shall be limited to
the expenses provided for in section thirty-six hereof.
I f there are wholly dependent persons at the time o f the death,
the payment shall be fifty per cent o f the average weekly wages,
and to continue for the remainder o f the period between the date
o f the death and eight years after the date o f the injury, and not
to amount to more than a maximum o f four thousand two hun
dred and fifty dollars, nor less than a minimum o f one thousand
dollars.
193
Death.
If there are partly dependent persons at the time of the death,
the payment shall be fifty per cent of the average weekly wages,
and to continue for all or such portion of the period of eight years
after the date of the injury, as the commission in each may deter
mine, and not to amount to more than a maximum of three thou
sand dollars.
The following persons shall be presumed to be wholly dependent
for support upon a deceased employee: A wife or invalid husband
(“ invalid ” meaning one physically or mentally incapacitated
from earning), a child or children under the age of sixteen years
(or over said age if physically or mentally incapacitated from
earning) living with or dependent upon the parent at the time of
the injury or death.
In all other cases questions of dependency, in whole or in part,
shall be determined in accordance with the facts in each particular
case existing at the time of the injury resulting in death of such
employee, but no person shall be considered as dependent unless
such person be a father, mother, grandfather, grandmother, step
child or grandchild, or brother or sister of the deceased employee,
including tliose otherwise specified in this section.
An alien shall not be considered a dependent within, the meaning
of this act unless he be a resident within the United States.
Sec. 30. In addition to the compensation provided for herein M edical, etc*
the employer shall promptly provide for an injured employee, attendance.
such medical, surgical or other attendance or treatment, nurse
and hospital services, medicines, crutches and apparatus as may
be required by the commission in an amount not to exceed the
sum of one hundred and fifty dollars ($150). If the employer
fail to provide the same the injured employee may do so at the
expense of the employer. The employee shall not be entitled to
recover any amount expended by him for such treatment or serv
ices unless he shall or some one on his behalf have requested the
employer to furnish the same, and the employer shall have re
fused or neglected to do so. All fees and other charges for such
treatment and services shall be subject to regulations by the com
mission, and shall be limited to such charges as prevail in the
same community for similar treatment of injured persons of a like
standard of living, and in case death ensues from the injury
within two years, reasonable funeral expenses shall be allowed
not to exceed the sum of seventy-five dollars ($ 7 5 ) : Provided,
however, That if there are no dependents and the deceased em
ployee leaves sufficient estate to pay same, all expenses of last
sickness and burial shall be paid by said estate and not by the
employer or insurance company or commission out of the State
accident fund, as the case may be. The commission shall have full
power to adopt rules and regulations with respect to furnishing
medical, nurse, hospital services and medicine to injured em
ployees entitled thereto and for the payment therefor.
Sec. 37. Notice of an injury for which compensation is payable Notice.
under this act shall be given to the employer within ten days after
the accident, and also in case of the death of the employee result
ing from such injury, within thirty days after such death. Such
notice may be in writing and contain the name and address of the
7044°—Bull. 185—15----- 13
194
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Report.
A pplication.
I n v e s tig a
tion, etc.
Fraud.
Medical e z
aminations.
employee, and state in ordinary language the time, place, nature
and cause of the injury, and be signed by him or by a person on
his behalf, or in case of death, by any one or more of his depend
ents, or by a person on their behalf. The failure to give such
notice, unless excused by the commission either on the ground
that notice for some sufficient reason could not have been given,
or on the ground that the State accident fund, insurance com?
pany, or employer, as the case may be, has not been prejudiced
thereby, shall be a bar to any claim under this act.
Whenever an accident occurs to any employee it shall be the
duty of the employer to at once report such accident and the in
jury resulting therefrom to the commission, and also to any local
representative of the commission. Such report shall state (a)
the time, cause and nature of the accident and injuries, and the
probable duration of the injury resulting therefrom; <b) whether
the accident arose out of or in the course of the injured person’s
employment; (c) any other matters the rules and regulations of
the commission may prescribe.
S ec . 38. Where an employee is entitled to compensation under
this act he shall file with the commission his application within
thirty days together with the certificate of the physician, if any,
who attended him.
Where death results from injury the parties entitled to compen
sation under this act or some one in their behalf, shall make ap
plication for the same to the commission, which application must
be accompanied with proof of death and proof of relationship
showing the parties to be entitled to compensation under this act,
certificates of attending physician, if attended by a physician,
and such other proof as may be required by the rules of the
commission.
Sec. 39. The commission shall make or cause to be made such
investigation of any claim as it deems necessary, and upon appli
cation of either party, shall order a hearing and within thirty
days after a claim for compensation is submitted under this sec
tion, or such hearing closed, shall make or deny an award, deter
mining such claim for compensation, and file the same in the office
of the commission, together with a statement of its conclusions
of fact and rulings of law. The commission may, if it deems
proper, on the written application of any party in interest, or on
its own motion, require the claimant to appear before an arbitra
tion committee appointed by it and consisting of one representa
tive of employees, one representative of employers, and either a
member of the commission or a person specially deputized by the
commission to act as chairman, before which the evidence in re
gard to the claim shall be adduced and by which it shall be con
sidered and reported upon with the right of either party to appeal
to the commission from the finding of said arbitration committee
on all questions of law and fact.
If changes of circumstances warrant an increase or rearrange
ment of compensation, like application shall be made. No increase
or rearrangement shall be operative for any period prior to appli
cation therefor.
Sec. 40. Any person who shall knowingly secure or attempt to
secure larger compensation or compensation for a longer term than
he is entitled to, or knowingly secure or attempt to secure com
pensation when he is not entitled to any, shall be guilty o f a mis
demeanor, and upon conviction thereof shall be fined not exceed
ing five hundred dollars or imprisoned not exceeding twelve months,
or both, in the discretion o f the court, and shall from and after
such conviction cease to receive any compensation.
S ec . 41. Any employee entitled to receive compensation under
this act is required, if requested by the commission to submit
himself for medical examination at a time and from time to time
at a place reasonably convenient for the employee and as may
be provided by the rules of the commission. If the employee
refuse to submit to any such examination, or obstructs the same,
his right to compensation shall be suspended until such exanii-
COMPENSATION’ LEGISLATION, 1914, 1915— M ARYLAND.
195
nation lias taken place, and no compensation shall be payable
during or for account of such period.
Sec. 42. Should a further accident occur to an employee al- Second injuready receiving payment under this act for a disability, or who rles'
has been previously the recipient of a lump-sum payment under
this act, his future compensation shall be adjusted according to
the other provisions of this act, and with regard to the combined
effect of his injuries and his past receipt of compensation under
this act. In case of the remarriage of a dependent widow of a
deceased employee without dependent children, all compensation
under this act shall cease, and further no widow or widower shall
receive any benefits under this act where the marriage shall have
taken place after the person entitled to benefits hereunder shall
have been injured, provided there are no dependent children.
If aggravation, diminution or termination of disability takes
place or be discovered after the rate of compensation shall have
been established or compensation terminated in any case, the
commission may, upon the application of any party in interest
or upon its own motion, readjust for future application the rate
of compensation in accordance with rules in this section provided,
or in a proper case, terminate the payments.
A husband or wife of an injured employee, who has deserted
said employee for more than one year prior to the time of the
injury or subsequently shall not be a beneficiary under this act.
In case of the remarriage of a dependent widow of a deceased
employee without dependent children, all compensation under this
act shall cease, and no widow or widower shall receive any bene
fits under this act where the marriage shall have taken place after
the person entitled to benefits hereunder shall have been injured,
provided there are no dependent children.
Seo. 43. If a beneficiary shall reside or remove out of the State
and shall have been such nonresident fpr a period of one year, the
-e*
commission may in its discretion convert any payments thereafter
to become due to such beneficiary into a lump-sum payment, not
in any case to exceed twenty-four hundred dollars, by paying a
sum equal to three-fourths of the then value o f such payments.
Sec. 44. If injury or death results to a workman from the I n t e n t io n a l
deliberate intention of his employer to produce such injury or injury,
death, the employee, the widow, widower, child, children or de
pendents of the employee shall have the privilege either to take
under this act or have cause of action against such employer, as
if this act had not been passed.
Sec. 45. Notwithstanding anything hereinbefore or hereinafter Injuries not
contained, no employee or dependent o f any employee shall b e compensated*
entitled to receive any compensation or benefits under this act, on
account o f any injury to or death o f an employee caused by a selfinflicted injury, the willful misconduct or the intoxication o f such
employee.
S e c . 46. If it be established that the injured employee was of Learners, etc.
such age and experience when injured as that under the natural
conditions his wages would be expected to increase, this fact may
be considered in arriving at his average weekly wage.
S ec. 47. A minor working at an age legally permitted under the Minors,
laws of this State shall be deemed sui juris for the purposes of
this act, and no other person shall have any cause of action or
right to compensation for any injury to such minor employee unless otherwise herein provided.
Sec. 48. No compensation shall be allowed for two weeks after W aitin g time,
the injury is received except disbursements herein authorized for
medical, nurse and hospital services and medicines, and for
funeral expenses.
Sec. 49, The benefits in case of death shall be paid to such one Distribution
or more of the dependents of the decedent for the benefit of all 2L death bene“
the dependents as may be determined by the commission, which
may apportion the benefits among the dependents in such manner
as it may deem just and equitable. The dependent or persons to
whom benefits are paid shall apply the same to tibia use of the sev-
196
BULLETIN OF THE BUREAU OF LABOR STATISTICS*
eral beneficiaries thereof according to their respective claims upon
the decedent for support, in compliance with the findings and
direction of the commission.
Lump sums.
Sec. 50. In every case providing for compensation to an em
ployee or his dependent, excepting temporary disability, the com
mission may, if in its opinion the facts and circumstances of the
case warrant it, allow the compensation to be paid in a partial or
total lump sum.
Assignm ents,
sec. 51. No money payable under this act shall prior to issuance
and delivery of the warrant or voucher therefor, be capable of
being assigned, charged or taken in execution or attachment.
Waivers.
SeC. 52. No employer or employee who are subject to the provi
sions of this act shall exempt himself from the burden or waive
the benefit of this act by any contract, agreement, rule or regula
tion, and any such contract, agreement, rule or regulation shall be
pro tanto void. No agreement by such employee to pay aiiy por
tion of the premium paid by such employer shall be valid, and
any employer who deducts any portion of such premium from the
wages or salary of any employee entitled to the benefits of this act
shall be guilty of a misdemeanor, and upon conviction thereof
shall be fined not more than two hundred dollars for each offense.
Ju ris d ictio n
S e c . 53 ; The powers and jurisdiction of the commission over
continuing.
eoch case shall be continuing, and it may from time to time make
such modifications or change with respect to former findings or
orders with respect thereto as in its opinion may be justified.
Absence o f
Sec. 54. If an employee shall be injured because of the absence
safeguards.
0f any safeguard or protection required by the commission, the
employer shall be guilty of a misdemeanor and liable to a fine of
not less than $50 or more than $500 to be paid into the State acci
dent fund.
Appeals.
S e c . 55. Any employer, employee, beneficiary or person feeling
aggrieved by any decision of the commission affecting his inter
ests under this act may have the same reviewed by a proceeding
in the nature of an appeal and initiated in the circuit court of the
county or in the common-law courts of Baltimore City having
jurisdiction over the place where the accident occurred or over
the person appealing from such decision, and the court shall de
termine whether the commission has justly considered all the
facts concerning injury, whether it has exceeded the powers
granted it by the act, whether it has misconstrued the law and
facts applicable in the case decided. If the court shall determine
that the commission has acted within its powers and has cor
rectly construed the law and facts, the decision of the commis
sion shall be confirmed, otherwise it shall be reversed or modified.
Upon the hearing of such an appeal the court shall, upon motion
of either party filed with the clerk of the court according to the
practice in civil cases, submit to a jury any question of fact in
volved in such case. The proceedings in every such an appeal
shall be informal and summary, but full opportunity to be heard
shall be had before judgment is pronounced. No such appeal
shall be entertained unless notice of appeal shall have been served
personally upon some member of the commission within thirty
days following the rendition of the decision appealed from. An
appeal shall not be a stay. If the decision of the commission
shall be changed or modified, the practice prevailing in civil cases
as to the payment of costs and the fees of medical and other wit
nesses shall apply. Appeal shall lie from the judgment of the
circuit court of the county or the common-law courts of Baltimore
City to the court of appeals as in other civil cases, and such ap
peals shall have precedence over all cases except criminal cases.
The attorney general shall be the legal adviser of the commis
sion and shall represent it in all proceedings whenever so re
quested by any of the commissioners in all court proceedings
under or pursuant to this act, the decision of the commission
shall be prima facie correct and the burden of proof shall be upon
the party attacking the same.
C osts and Sec. 56. If the commission or the court before which any pro
fees.
ceedings for compensation or concerning an award of compensa
COMPENSATION LEGISLATION, 1014, 1915— MARYLAND.
197
tion have been brought, under this act, determines that such pro
ceedings have not been so brought upon reasonable ground, it
shall assess the whole cost of the proceeding upon the party who
has so brought them. Claims for legal services in connection with
any claims arising under this act and claims for services or treat
ment rendered or supplies furnished pursuant to section 36 of
this act, shall not be enforceable unless approved by the commis
sion. If so approved, such claim or claims shall become a lien
upon the compensation awarded, but shall be paid therefrom only
in the manner fixed by the commission.
Sec. 57. Where the injury or death for which compensation is Liability of
payable under this act was caused under circumstances creatingthird parties,
a legal liability in some person, other than the employer, to pay
damages in respect thereof, the employee, or in case of death, his
personal representative or dependents as hereinbefore defined,
may proceed either by law against that other person to recover
damages or against the employer for compensation under this act,
or in case of joint tort feasors against both; and if compensation
is claimed and awarded or paid under this act any employer may
enforce for the benefit of the insurance company or association
carrying the risk or the State accident fund, or himself, as the
case may be, the liability of such other person: Provided, how
ever, If damages are recovered in excess of the compensation
already paid or awarded to be paid under this act, then any such
excess shall be paid to the injured employee or, in case of death,
to his dependents, less the employer’s expenses and costs of action.
Sec. 58. If the provisions of this act relative to compensation Law of limifor injuries to or death of employees become invalid because of tations not to
any adjudication, or be repealed, the period intervening between run’ w
the occurrence of an injury or death not previously compensated
for under this act by lump payment or completed periodical pay
ments shall not be computed as a part of the time limited by law
for the commencement of any action relating to such injury or
death: Provided, That such action be commenced within one year
after such repeal or adjudication, but in any such action any
sum paid to the employee on account of injury for which the
action is prosecuted, shall be taken into account or disposed of as
follows: If the defendant employer shall have insured himself as
provided for in this act without delinquency, such sums as may
have been paid to the employee or his dependents on account of
injury or death, shall be credited upon recovery as payment
thereon.
Sec. 59. If any employer shall be adjudicated to be outside the cases outlawful scope of this act, the act shall not apply to him or his em- side scope of
ployees; if any employee shall be adjudicated to be outside theact*
lawful scope of this act, because of remoteness of his work from
the hazard of his employer’s work, any such adjudication shall
not impair the validity of this act in other respects, and in every
such case an accounting in accordance with the justice of the case
shall be had of moneys received.
Sec. 60. The rule that statutes in derogation of the common Construction
law are to be strictly construed shall have no application to this to be liberal,
act; but this act shall be so interpreted and construed as to
effectuate its general purpose.
Sec. 61. In any proceedings for the enforcement of a claim for Presum pcompensation under this act, it shall be presumed in the absencetions*
of substantial evidence to the contrary:
(a) That the claim comes within the provisions of this act.
(b) That sufficient notice thereof was given.
(c) That the injury was not occasioned by the willful intention
of the injured employee to bring about the injury or death of
himself or of another.
(d) That the injury did not result solely from the intoxication
of the injured employee while on duty.
Sec. 62. Definitions as used i n this act:
Deflnitionr
1. “ Extrahazardous employment ” means a work or occupation
described in section 32 of this act.
198
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
2. “ Employer,” except when otherwise expressly stated, means
a person, partnership, association, corporation, and the legal rep
resentatives of a deceased employer, or the receiver or trustee of
a person, partnership, association or corporation employing work
men in extrahazardous employments.
8. “ Employee ” means a person who is engaged in an extrahazardous employment in the service of an employer carrying on
or conducting the same upon the premises or at a plant, or in
the course of his employment away from the plant of his em
ployer, and shall not include farm laborers. “ Farm laborers ”
as used in this act, shall mean any employees who at the time of
the accident, are engaged in rendering any agricultural service,
including the threshing and harvesting of crops, or who, at the
time of the accident, are engaged in service incidental to and in
connection with agricultural pursuits or developments, whether
the employer be the farmer or other person undertaking or con
tracting with the farmer to perform any such agricultural serv
ice, pursuit or development. This act shall not apply to farm
laborers, domestic servants nor to country blacksmiths, wheel
wrights or similar rural employments, nor in any case where the
accident occurred before this act takes effect, nor to casual em
ployees or any employee whose salary is in excess of two thou
sand dollars a year, or any employees who are employed wholly
without the State.
4. “ Employment ” includes employment only in a trade, busi
ness or occupation carried on by the employer for pecuniary gain.
5. “ Compensation ” means the money allowance payable to an
employee or to his dependents as provided for in this act, and
includes funeral benefits provided therein.
6. “ Injury” and “ personal injury” mean only accidental in
juries arising out of and in the course of employment and such
disease or infection as may naturally and unavoidably result
therefrom.
7. “ Death,” when mentioned as a basis for the right to com
pensation means only death resulting from such injury*
8. “Average weekly wages” for the purposes of this act shall
be taken to mean the average weekly wages earned by an em
ployee when working on full time.
9. “ State accident fund ” means the State insurance fund pro
vided for in section 16 of this act.
10. “ Child” shall include a posthumous child and a child
legally adopted prior to the injury of the employee.
11. “ Beneficiary” means a husband, wife, child, children or
dependents of an employee in whom shall vest a right to receive
payment under this act.
A p p r o p ria gEC# (53. The sum of forty thousand dollars ($40,000) annually
for the years 1914, 1915 and 1916, or so much thereof as may be
necessary annually for the maintenance of the State industrial
accident commission and the payment of the salaries and expenses
of said commission and its officers and employees, and so much
thereof, if any, as may be necessary to maintain a solvent State
accident fund, is hereby appropriated, and shall be payable on the
order or orders of the said commission from time to time, as in
this law provided; and the comptroller shall draw his warrant
upon the treasurer of Maryland, as in law provided, for the annual
appropriations. And a further appropriation is hereby made of
the sum of fifteen thousand dollars for the year 1914 for the neces
sary expenses of the aforesaid State industrial accident commis
sion to cover printing, office fixtures and such other legitimate ex
penses as the commission may incur in establishing their office or
offices as in this act contemplated and the comptroller of the State
of Maryland shall draw his warrant upon the treasurer of Mary
land for the said sum of fifteen thousand dollars ($15,000), or any
part thereof, upon the order or orders presented to the State comp
troller by the said State industrial accident commission.
Repeal.
Sec. 64. Chapter 153 of the Acts of 1910, as amended by chap
ter 445 of the Acts of 1912 of the General Assembly of Maryland
[establishing a miners* cooperative insurance fund in Allegany
COMPENSATION LEGISLATION, 1914, 1915— M ARYLAND.
and Garrett counties] are hereby repealed, except for the purpose
of providing confirmation for all claims which may arise there
under, prior to the first day of November, 1914; and if after all
such claims are paid, there be a surplus in the fund, it shall be
turned over to the treasurer of Maryland for the account of the
State industrial accident fund, but if there be a deficit in said
fund at the time this act takes effect as between employers and
employees, the payments provided for under chapter 153 of the
Acts of 1910 as amended by chapter 445 of the Acts of 1912 shall
be continued by the employers and employees of Allegany and
Garrett counties to the treasurers of said counties until such
pending claims are paid, when said payments shall cease.
MASSACHUSETTS.
ACTS OF 1911.
Chapter 751.—Compensation of workmen for injuries—State in
surance association.
P art I.
MODIFICATION OF REMEDIES.
Section 1. In an action to recover damages for personal injury Suits for
sustained by an employee in the course o f his employment, or for “ e^nsos ab
death resulting from personal injury so sustained, it shall not be rogated.
a defense:
1. That the employee was negligent;
2.-That the injury was caused by tlie negligence of a fellow em
ployee ;
3. That the employee had assumed the risk of the injury.
Sec. 2. The provisions of section one shall not apply to actions Farm laborto recover damages for personal injuries sustained by domestic ^rs, etc.
servants and farm laborers.
Sec. 3. The provisions of section one shall not apply to actions Employees of
to recover damages for personal injuries sustained by employees subscribers t o
of a subscriber.
association.
Sec. 4. The provisions o f sections one hundred and twenty-seven
to one hundred and thirty-five, inclusive, and o f one hundred and
forty-one to one hundred and forty-three, inclusive, o f chapter five
hundred and fourteen o f the acts o f the year nineteen hundred
and nine, and o f any acts in amendment thereof, shall not apply
to employees o f a subscriber while this act is in effect.
Same,
* Sec. 5. An employee of a subscriber shall be held to have waived
Presumption
his right of action at common law to recover damages for personal of waiver,
injuries if he shall not have given his employer, at the time of
his contract of hire, notice in writing that he claimed such right,
or if the contract of hire was made before the employer became
a subscriber, if the employee shall not have given the said notice
within thirty days of notice of such subscription. An employee
who lias given notice to his employer that he claimed his right of
action at common law may waive such claim by a notice in writ
ing which shall take effect five days after it is delivered to the
employer or his agent.
P art II.
payments .
Section 1. If an employee who has not given notice of his claim Compcnsaof common law rights of action, as provided in Part I, section five,
payable,
or who has given such notice and has waived the same, receives a
personal injury arising out of and in the course of his employ
ment, he shall be paid compensation by the association, as herein
after provided, if his employer is a subscriber at the time of the
injury.
Sec. 2. If the employee is injured by reason of his serious and Misconduct,
willful misconduct, he shall not receive compensation.
Sec. 3 (~3 amended by chapter 571, Acts of 1912). If the em- Double comployee is injured by reason of the serious and willful misconductpen on*
of a subscriber or of any person regularly intrusted with and
exercising the powers of superintendence, the amounts of com
pensation hereinafter provided shall be doubled. In such case
the subscriber shall repay to the association the extra compensa
tion paid to the employee. If a claim is made under this section
201
202
BULLETIN OF THE BUBEAU OF LABOR STATISTICS.
the subscriber shall be allowed to appear and defend against such
claim only.
tim a 1*1 n g ^EC* 4. No compensation shall be paid under this act for any
e’
injury which does not incapacitate the employee for a period of
at least two weeks from earning full wages, but if incapacity ex
tends beyond the period of two weeks, compensation shall begin
, x on the fifteenth day after the injury,
aidf
gEC 5 (as amended by chapter 708, Acts of 1914). During the
first two weeks after the injury, and, if the employee is not im
mediately incapacitated thereby from earning full wages then
from the time* of such incapacity, and in unusual cases, in the
discretion of the board, for a longer period, the association shall
furnish reasonable medical and hospital services, and medicines,
when they are needed. Where, in a case of emergency or for
other justifiable cause, a physician other than the one provided
by the association is called in to treat the injured employee, the
reasonable cost of his services shall be paid by the association, sub
ject to the approval of the industrial accident board. Such ap
proval shall be granted only if the board finds that there was such
justifiable cause and that the charge for the services is reason
able.
bene" ®ec. 6 (as amended by chapter 708, Acts of 1914). If death re
sults from the injury, the association shall pay the dependents
of the employee, wholly dependent upon his earnings for support
at the time of the injury, a weekly payment equal to sixty-six
and two-thirds per cent of his average weekly wages, but not more
than ten dollars nor less than four dollars a week, for a period
of five hundred weeks from the date of the injury; but in no case
shall the amount be more than four thousand dollars. If the em
ployee leaves dependents only partly dependent upon his earnings
for support at the time of his injury, the association shall pay
such dependents a weekly compensation equal to the same propor
tion of the weekly payments for the benefit of persons wholly de
pendent as the amount contributed by the employee to such partial
dependents bears to the annual earnings of the deceased at the
time of his injury. When weekly payments have been made to
an injured employee before his death, the compensation to de
pendents shall begin from the date of the last of such payments,
but shall not continue more than five hundred weeks from the
_
, . date of the injury.
Dependents. gEC 7 (as amended by chapter 708, Acts of 1914). The follow
ing persons shall be conclusively presumed to be whollj dependent
for support upon a deceased employee:—
(a) A wife upon a husband with whom she lives at the time of
his death, or from whom, at the time of his death, the industrial
accident board shall find the wife was living apart for justifiable
cause or because he had deserted her. The findings of the board
upon the questions of such justifiable cause and desertion shall be
final.
(b) A husband upon a wife with whom he lives at the time of
her death.
(c) A child or children under the age of eighteen years, (or
over said age, but physically or mentally incapacitated from earn
ing), upon the parent with whom he is or they are living at the
time of the death of such parent, there being no surviving depend
ent parent: Provided, That in the event of the death of an em
ployee who has at the time of his death a living child or children
by a former wife or husband, under the age of eighteen years, (or
over said age, but physically or mentally incapacitated from earn
ing), said child or children shall be conclusively presumed to be
wholly dependent for support upon such deceased employee, and
the death benefit shall be divided between the surviving wife or
husband and all the children of the deceased employee in equal
shares, the surviving wife or husband taking the same share as a
child. The total sum due the surviving wife or husband and her
or his own children shall be paid directly to the wife or husband
for her or his own use and for the benefit of her or his own chil
COMPENSATION LEGISLATION/ 191$, 1915— MASSACHUSETTS.
203
dren, and the sums due to the children by the former wife or hus
band of the deceased employee shall be paid to their guardians or
legal representatives for the benefit of such children.
In all other cases questions of dependency, in whole or in part,
shall be determined in accordance with the fact, as the fact may
be at the time of the injury; and in such other cases, if there is
more than one person wholly dependent, the death benefit shall
be divided equally among them, and persons partly dependent, if
any, shall receive no part thereof, and if there is no one wholly
dependent and more than one person partly dependent, the death
benefit shall be divided among them according to the relative ex
tent of their dependency.
S e c . 8. If the employee leaves no dependents, the association Nodependshall pay the reasonable expenses of his last sickness and burial, e
which shall not exceed two hundred dollars.
Sec. 9 (as amended by chapter 708, Acts of 1914). While the Incapacity,
incapacity for work resulting from the injury is total, the associa
tion shall pay the injured employee a weekly compensation equal
to sixty-six and two-thirds per cent of his average weekly wages,
but not more than ten dollars nor less than four dollars a week;
and in no case shall the period covered by such compensation be
greater than five hundred weeks, nor the amount more than four
thousand dollars.
Sec. 10 (as amended by chapter 708, Acts of 1914). While the
In'
incapacity for work resulting from the injury is partial, the asso- p
ciation shall pay the injured employee a weekly compensation
equal to sixty-six and two-thirds per cent of the difference be
tween his average weekly wages before the injury and the aver
age weekly wages which he is able to earn thereafter, but not
more than ten dollars a week; and in no case shall the period
covered by such compensation be greater than five hundred weeks
from the date of the injury, nor the amount more than four thou
sand dollars.
Sec. 11 (as amended by chapter 708, Acts of 1914). in case of Specific injuthe following specified injuries the amounts hereinafter namedries*
shall be paid in addition to all other compensation:
(a) For the loss by severance of both hands at or above the
wrist, or both feet at or above the ankle, or the loss of one hand
and one foot, or the reduction to one-tenth of normal vision in
both eyes with glasses, sixty-six and two-thirds per cent of the
average weekly wages of the injured person, but not more than
ten dollars nor less than four dollars a week, for a period of one
hundred weeks.
(b) For the loss by severance of either hand at or above the
wrist, or either foot at or above the ankle, or the reduction to onetenth of normal vision in either eye with glasses, sixty-six and
two-thirds per cent of the average weekly wages of the injured
person, for each hand or foot so severed, but not more than ten
dollars nor less than four dollars a week, for a period of fifty
weeks.
(c) For the loss by severance at or above the second joint of
two or more fingers, including thumbs, of the same hand, or of
two or more toes of the same foot, sixty-six and two-thirds per
cent of the average weekly wages of the injured person, but not
more than ten dollars nor less than four dollars a week, for a
period of twenty-five weeks for each hand or foot so injured.
(d) For the loss by severance of at least one phalange of a
finger, thumb, or toe, sixty-six and two-thirds per cent of the
average weekly wages of the injured person, but not more than
ten dollars nor less than four dollars a week, for a period of
twelve weeks for each hand or foot so injured.
(e) The additional amounts provided for in this section in case
of the loss of a hand, foot, thumb, finger, toe, or phalange, shall
also be paid for the number o f weeks above specified in case the
injury is such that the hand, foot, thunib, finger, toe or phalange
is not lost but so injured as to be permanently incapable of use.
insurance
Sec.12. No savings or insurance of .the injured employee, inde- not considered.
204
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
pendent of this act, shall be taken into consideration in determin
ing the compensation to be paid hereunder, nor shall benefits
derived from any other source than the association be considered
in fixing the compensation under this act.
Payee.
gEC. 13 (as amended by chapter 708, Acts of 1914). The com
pensation payable under this act in case of the death of the in
jured employee shall be paid to his legal representative; or, if he
has no legal representative, to his dependents; or, if he leaves no
dependents, to the persons to whom payment of the expenses for the
last sickness and burial are due. If the payment is made to the
legal representative of the deceased employee, it shall be paid by
him to the dependents or other persons entitled thereto under this
Appointment act. When the appointment of a legal representative of a desen tativerepre" cease(l employee, not otherwise necessary, is required for carrying
out the provisions of this act, the association shall furnish or pay
for all legal services rendered in connection with the appointment
of such legal representative, or in connection with any of his
duties, and shall pay the necessary disbursements for such ap
pointment, the necessary expenses of such legal representative,
and reasonable compensation to him for time necessarily spent in
carrying out said provisions. All of said payments shall be in
addition to all sums paid for compensation.
incom petent
S e c . 14. If an injured employee is mentally incompetent or is a
persons.
minor at the time when any right or privilege accrues to him
under this act, his guardian or next friend may in his behalf
claim and exercise such right or privilege.
Notice.
Sec. 15. No proceedings for compensation for an injury under
this act shall be maintained unless a notice of the injury shall
have been given to the association or subscriber as soon as prac
ticable after the happening thereof, and unless the claim for com
pensation with respect to such injury shall have been made within
six months after the occurrence of the same; or, in case of the
death of the employee, or in the event of his physical or mental
incapacity, within six months after death or the removal of such
physical or mental incapacity.
Form.
S e c . 16 (as amended by chapter 571, Acts of 1912). The said
notice shall be in writing, and shall state in ordinary language the
time, place and cause of the injury, and shall be signed by the per
son injured, or by a person in his behalf, or, in the event of his
death, by his legal representative or by a person in his behalf, or
by a person to whom payments may be due under this act or by
a person in his behalf. Any form of written communication signed
by any person who may give the notice as above provided, which
contains the information that the person has been so injured, giv
ing the time, place and cause of the injury, shall be considered a
sufficient notice.
Service.
Sec. 17. The notice shall be served upon the association, or an
officer or agent thereof, or upon the subscriber, or upon one sub
scriber, if there are more subscribers than one, or upon any officer
or agent of a corporation if the subscriber is a corporation, by
delivering the same to the person on whom it is to be served, or
leaving it at his residence or place of business, or by sending it
by registered mail addressed to the person or corporation on
whom it is to be served, at his last known residence or place of
business.
Sufficiency.
Sec. 18. A notice given under the provisions of this act shall
not be held invalid or insufficient by reason of any inaccuracy in
stating the time, place or cause of the injury, unless it is shown
that it was the intention to mislead and the association was in
fact misled thereby. Want of notice shall not be a bar to pro
ceedings under this act, if it be shown that the association, sub
scriber, or agent had knowledge of the injury.
M edical exSec. 19 (as amended by chapter 571, Acts of 1912). After an
anim ations.
employee has received an injury, and from time to time thereafter
during the continuance of his disability he shall, if so requested
by the association or subscriber, submit himself to an examination
by a physician or surgeon authorized to practice medicine under
COMPENSATION LEGISLATION, 1914, 1915— MASSACHUSETTS. 205
the laws of the Commonwealth, furnished and paid for by the
association or subscriber. The employee shall have the right to
have a physician provided and paid for by himself present at the
examination. If he refuses to submit himself for the examina
tion, or in any way obstructs the same, his right to compensation
shall be suspended, and his compensation during the period of
suspension may be forfeited.
Sec. 20. No agreement by an employee to waive his rights to
compensation under this act shall be valid.
Waivers,
Sec. 21. No payment under this act shall be assignable or sub- Payments
ject to attachment, or be liable in any way for any debts.
exempt.
Sec. 22 (as amended by chapter 708, Acts of 1914). Whenever Lump-sum
any weekly payment has been continued for not less than six payments,
months, the liability therefor may, in unusual cases where the
parties agree and the board deems it to be for the best interest
of the employee or his dependents, be redeemed by the payment,
in whole or in part, by the association of a lump sum which shall
be fixed by the board, but in no case to exceed the amount pro
vided by this act. The board may, however, in its discretion at
any time in the case of a minor who has received permanently
disabling injuries, either partial or total, provide that he be com
pensated in whole or in part by the payment of a lump suni, the
amount of which shall be fixed by the board, but in no case to ex
ceed the amount provided by this act.
Sec. 23 (added by chapter 571, Acts of 1912). The claim for Claims.*
compensation shall be in writing and shall state the time, place,
cause and nature of the injury; it shall be signed by the person
injured or by a person in his behalf, *or, in the event of his death,
by his legal representative or by a person in his behalf, or by a
person to whom payments may be due under this act or by a per
son in his behalf, and shall be filed with the industrial accident
board. The failure to make a claim within the period prescribed
by section fifteen shall not be a bar to the maintenance of pro
ceedings under this act if it is found that it was occasioned by
mistake or other reasonable cause.
S e c . 2 4 (added by chapter 708, Acts of 1 9 1 4 ). Whenever any
in terest to
question involving the compensation of an injured employee, or be allowed,
his dependents, is appealed to the supreme judicial court, and
the decision rendered is in favor of the employee or his depend
ents, interest to the date of payment shall be paid by the associa
tion on ail sums due as compensation to such employee or de
pendents.
P art
III.
PROCEDURE.
S e c t io n 1 (as amended by chapter 571, Acts of 1912). There
In d u s tr ia l
shall be an industrial accident board consisting of five members, to accident boardbe appointed by the governor, by and with the advice and consent
of the council, one of whom shall be designated by the governor as
chairman. The term of office of members of this board shall be
five years, except that when first constituted one member shall be
appointed for one year, one for two years, one for three years,
one for four years, and one for five years. Thereafter one mem
ber shall be appointed every year for the full term of five years.
Sec. 2 (as amended by chapter 48, Acts of 1913). The salaries Salaries, etc.
and expenses of the board shall be paid by the Commonwealth.
The salary of the chairman shall be five thousand dollars a year,
find the salary of the other members shall be forty-five hundred
dollars a year each. The board may appoint a secretary at a sal
ary of not more than three thousand dollars a year, and may re
move him. It shall be also allowed such sums as may annually
be appropriated by the general court for clerical service, and
traveling and other necessary expenses. The board shall be pro
vided with an office in the statehouse or in some other suitable
building in the city of Boston, in which its records shall be kept.
206
BULLETIN OF THE BUREAU OF LABOR STATISTICS*
Sec. 3 (as amended by chapter 275, Acts of 1915). The board
may ma^e rules not inconsistent with this act for carrying out the
provisions of the act. Process and procedure under this act shall
be as simple and summary as reasonably may be. The board or
any member thereof shall have the power to subpoena witnesses,
administer oaths, and to examine such parts of the books and
records of the parties to a proceeding as relate to questions in dis
pute. Upon the written request of the board or of any member
thereof, together with interrogatories and cross-interrogatories, if
any there be, filed with the clerk of the superior court for any
Depositions, county of this Commonwealth, commissions to take depositions of
etc*
persons or witnesses residing without the Commonwealth, or in
foreign countries, or letters rogatory to any court in any other of
the United States or to any court in any foreign country, shall
forthwith issue from the said superior court, as in cases pending
in said superior court, and upon the return of the said deposition?*
or answers to letters rogatory the same shall be opened by the
clerk of the court which issued the commissions or letters, and the
said clerk shall indorse thereon the date upon which any deposi
tion or answer to letters rogatory was received and the same shall
forthwith be delivered to the board. No entry fee shall be charged
in such cases. The fees for attending as a witness before the
industrial accident board shall be one dollar and fifty cents a day,
for attending before an arbitration committee fifty cents a day;
in both cases five cents a mile for travel out and home. The
superior court shall have power to enforce by proper proceedings
the provisions of this section relating to the attendance and testi
mony of witnesses and the examination of books and records.
Agreements Sec. 4 (as amended by chapter 571, Acts of 1912). If the assoto be filed.
ciation and the injured employee reach an agreement in regard to
compensation under this act, a memorandum of the agreement
shall be filed with the industrial accident board and, if approved
by it, thereupon the memorandum shall for all purposes be en
forceable under the provisions of Part III, section eleven. Such
agreements shall be approved by said board only when the terms
conform to the provisions of this act.
Arbitration. Sec. 5 (as amended by chapter 708, Acts of 1914). If the asso
ciation and the injured employee fail to reach an agreement in
regard to compensation under this act, or if they have reached
such an agreement, which has been signed and filed in accordance
with the provisions of this act, and compensation has been paid
or is due in accordance therewith and the parties thereto then
disagree as to the continuance of any weekly payments under such
agreement, either party may notify the industrial accident board
who shall thereupon call for the formation of a committee of arbi
tration. The committee of arbitration shall consist of three mem
bers, one of whom shall be a member of the industrial accident
board, and shall act as chairman. The other two members shall
be named, respectively, by the two parties. If the subscriber has
appeared under the provisions of Part II, section three, the mem
ber named by the association shall be subject to his approval. If
a vacancy occurs it shall be filled by the party whose representa
tive is unable to act.
The arbitrators appointed by the parties shall be sworn by the
chairman as follows: I , _____ , do solemnly swear that I will
faithfully perform my duty as arbitrator and will not be in
fluenced in my decision by any feeling of friendship or partiality
toward either party. So help me God.
Duty
o f Sec. 6 (as amended by chapter 571, Acts of 1912). It shall be
board.
the duty of the industrial accident board, upon notification that
the parties have failed to reach an agreement, to request both
parties to appoint their respective representatives on the commit
tee of arbitration. The board shall designate one of its members
to act as chairman, and, if either party does not appoint its mem
ber on this committee within seven days after notification, as
above provided, or after a vacancy has occurred, the board or any
member thereof shall fill the vacancy and notify the parties to
that effect.
P owe r s o f
board.
COMPENSATION LEGISLATION, 1914, 1915— MASSACHUSETTS. 207
S e c . 7 (as amended by chapter 571, Acts of 1 9 1 2 ). The commitin v e s tig a tee on arbitration shall make such inquiries and investigations as tion*
it shall deem necessary. The hearings of the committee shall be
held in the city or town where the injury occurred, and the deci
sion of the committee, together with a statement of the evidence
submitted before it, its findings o f fact, rulings of law and any
other matters pertinent to questions arising before it shall be filed
with the industrial accident board. Unless a claim for a review
is filed by either party within seven days, the decision shall be
enforceable under the provisions of Part III, section eleven.
Sec. 8 (as amended by chapter 708, Acts of 1914). The indus- Physician,
trial accident board or any member thereof may appoint a duly
qualified impartial physician to examine the injured employee and
to report. The fee for this service shall be five dollars and travel
ing expenses, but the board may allow additional reasonable
amounts in extraordinary cases, and the association shall reim
burse the board for the amount so paid.
Sec. 9. The arbitrators named by or for the parties to the dis- Pees,
pute shall each receive five dollars as a fee for his services, but the
industrial accident board or any member thereof may allow addi
tional reasonable amounts in extraordinary cases. The fees shall
be paid by the association, which shall deduct an amount equal
to one-third of the sum from any compensation found due the
employee.
Sec. 10 (as amended by chapter 571, Acts of 1912). If a claim Review,
for a review is filed, as provided in Part III, section seven, the
board shall hear the parties and may hear evidence in regard to
any or all matters pertinent thereto and may revise the decision
of the committee in whole or in part, or may refer the matter back
to the committee for further findings of fact, and shall file its
decision with the records of the proceedings and notify the parties
thereof. No party shall as a matter of right be entitled to a sec
ond hearing upon any question of fact
Sec. 11 (as amended by chapter 57 1, Acts of 1 9 1 2 ). Any party Decrees b y
in interest may present certified copies of an order or decision of courts*
the board, a decision of an arbitration committee from which no
claim for review has been filed within the time allowed therefor,
or a memorandum of agreement approved by the board, and all
papers in connection therewith, to the superior court for the
county in which the injury occurred or for the county of Suffolk,
whereupon said court shall render a decree in accordance there
with and notify the parties. Such decree shall have the same
effect and all proceedings in relation thereto shall thereafter be
the same as though rendered in a suit duly heard and determined
by said court, except that there shall be no appeal therefrom
upon questions of fact, or where the decree is based upon a deci
sion of an arbitration committee or a memorandum of agreement,
and that there shall be no appeal from a decree based upon an
order or decision of the board which has not been presented to the
court within ten days after the notice of the filing thereof by
the board. Upon the presentation to it of a certified copy of a
decision of the industrial accident board ending, diminishing or
increasing a weekly payment under the provisions of Part III,
section twelve, the court shall revoke or modify the decree to
conform to such decision.
Sec. 12 (as amended by chapter 708, Acts of 1914). Any weekly
of
payment under this act may be reviewed by the industrial accident board, and on such review the board may, in accordance
with the evidence and subject to the provisions of this act, issue
any order which it deems advisable.
S e c . 1 3 (as amended by chapter 708, Acts of 1 9 1 4 ). Fees o f
P e e s to be
attorneys and physicians and charges of hospitals for services approved,
under this act shall be subject to the approval of the industrial
accident board. If the association and any physician or hospital,
or the employee and any attorney, fail to reach an agreement as
to the amount to be paid for such services, either party may notify
the board, which may thereupon call for the formation of a com- Arbitration.
208
BULLETIN OF THE BUREAU OF LABOR STATISTICS,
mittee of arbitration in accordance with the provisions of this act,
and all proceedings thereunder shall be in accordance with the
provisions of this act.
Costs.
Sec. 14. I f the committee o f arbitration, industrial accident
board, or any court before whom any proceedings are brought
under this act determines that such proceedings have been brought,
prosecuted, or defended without reasonable ground, it shall assess
the whole cost o f the proceedings upon the party who has so
brought, prosecuted or defended them.
I n j u r i e s
S e c . 15 (as amended by chapter 448, Acts of 1913). Where the
f^rsonsby thlrd in^ury *or wllich compensation is payable under this act was
p
*
caused under circumstances creating a legal liability in some per
son other than the subscriber to pay damages in respect thereof,
the employee may at his option proceed either at law against that
person to recover damages, or against the association for compen
sation under this act, but not against both, and if compensation
be paid under this act, the association may enforce in the name
of the employee, or in its own name and for its own benefit, the
liability of such other person, and in case the association recovers
a sum greater than that paid by the association to the employee
four-fifths of the excess shall be paid over to the employee.
Disputes.
Sec. 16 (as amended by chapter 571, Acts of 1912). All ques
tions arising under this act, if not settled by agreement ,by the
parties interested therein, shall, except as otherwise herein pro
vided, be determined by the industrial accident board. The de
cisions of the industrial accident board shall for all purposes be
enforceable under the provisions of Part III, section eleven.
Independent
S e c . 17. If a subscriber enters into a contract, written or oral,
contractors.
w jt h an independent contractor to do such subscriber’s work, or
if such a contractor enters into a contract with a subcontractor
to do all or any part of the work comprised in such contract with
the subscriber, and the association would, if such work were exe
cuted by employees immediately employed by the subscriber, be
liable to pay compensation under this act to those employees, the
association shall pay to such employees any compensation which
would be payable to them under this act if the independent or
subcontractors were subscribers. The association, however, shall
be entitled to recover indemnity from any other person who would
have been liable to such employees independently of this section,
and if the association has paid compensation under the terms of
this section, it may enforce in the name of the employee, or in
its own name and for the benefit of the association, the liability
of such other person. This section shall not apply to any con
tract of an independent or subcontractor which is merely ancillary
"and incidental to, and is no part of or process in, the trade or
business carried on by the subscriber, nor to any case where the
injury occurred elsewhere than on, in, or about the premises on
which the contractor has undertaken to execute the work for the
subscriber or which are under the control or management of the
subscriber.
A ccidents to
S e c . 18 (as amended by chapter 746, Acts of 1913). Every embe reported,
pioyer shall hereafter keep a record of all injuries, fatal or other
wise, received by his employees in the course of their employ
ment. Within forty-eight hours, not counting Sundays and legal
holidays, after the occurrence of an injury a report thereof shall
be made in writing to the industrial accident board on blanks to
be procured from the board for the purpose. Upon the termina
tion of the disability of the injured employee, the employer shall
make a supplemental report upon blanks to be procured from the
board for that purpose. If the disability extends beyond a period
of sixty days, the employer shall, report to the board at the end
of such period that the injured employee is still disabled, and upon
the termination of the disability shall file a final supplemental
report, as provided above.
The said reports shall contain the name and nature of the busi
ness of the employer, the situation of the establishment, the name,
COMPENSATION LEGISLATION,
1914, 1015— MASSACHUSETTS.
209
age, sex, and occupation of the injured employee, and shall state
the date and hour of any accident causing the injury, the nature
and cause of the injury, and such other information as may be
required by the board.
A n y employer who refuses or neglects to make the report re
quired by this section shall be punished by a fine of not more than
fifty dollars for each offense.
Copies of all reports of injuries filed by employers with the
industrial accident board, and all statistics and data compiled
therefrom, shall be kept available by the said board, and shall be
furnished on request to the State board of labor and industries
for its own use.
Within sixty days after the termination of the disability of the Report of
injured employee the association or other party liable to pay the payments,
compensation provided for by Part II of this act shall file with
the board a statement showing the total payments made or to be
made for compensation and for medical services for such injured
employee.
Pabt
IV.
TH E M ASSACHU SETTS EMPLOYEES INSURANCE ASSOCIATION.
S e c t io n 1 (as amended by special act 314, Acts of 1915). The
A s s o c ia t io n
Massachusetts Employees Insurance Association is hereby created created,
a body corporate with the powers provided in this act and with
all the general corporate powers incident thereto. The said asliociation may also transact within the Commonwealth any kind of
liability insurance which mutual companies are allowed by law
to transact, and shall be governed by the laws now or hereafter
in force relating to the transaction of such business by mutual
companies, so far as the same are not in conflict with the provi
sions of this act.
Sec. 2 (as amended by chapter 338, Acts of 1914). The board Board o f diof directors of the association shall consist of not less than fifteen l'ect<>rs.
members, to be elected by ballot by the members, who shall hold
office for such term or terms as the by-laws may provide in ac
cordance with the provisions of section twenty-six of chapter five
hundred and seventy-six of the acts of the year nineteen hundred
and seven and until their successors are elected.
Sec. 3. Until the first meeting o f the subscribers the board o f P o w e r s o f
directors shall have and exercise all the powers o f the subscribers, board,
and may adopt by-laws not inconsistent with the provisions o f
this act, which shall be in effect until amended or repealed by the
subscribers.
S e c . 4 . The board of directors shall annually choose by ballot
a president, who shall be a member of the board, a secretary, a
treasurer, and such other officers as the by-laws shall provide.
Sec. 5. Seven or more o f the directors shall constitute a quorum
Officers,
Quorum,
for the transaction o f business.
Vacancies in any office may be filled in such manner as the
by-laws shall provide.
Sec. 6. Any employer in the Commonwealth may become a sub-
Membership,
scriber.
Sec. 7. The board of ’directors shall, within thirty days of the
Wnt
subscription of twenty-five employers, call the first meeting of theing*
subscribers by a notice in writing mailed to each subscriber at
his place of business not less than ten days before the date fixed
for the meeting.
Sec. 8. In any meeting o f the subscribers each subscriber shall
be entitled to one vote, and if a subscriber has five hundred em
ployees to whom the association is bound to pay compensation he
shall be entitled to two votes, and he shall be entitled to one addi
tional vote for each additional five hundred employees to whom
the association is bound to pay compensation, but no subscriber
7044°—Bull. 185—15----- 14
Votes,
mcct'
210
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
shall cast, by his own right or by the right o f proxy, more than
twenty votes.
P o l i c i e s isSec. 9. No policy shall be issued by the association until not less
sued, when.
than one hundred employers have subscribed, who have not less
than ten thousand employees to whom the association may be
bound to pay compensation.
Same.
Sec. 10. No policy shall be issued until a list o f the subscribers,
with the number o f employees o f each, together with such other
information as the insurance commissioner may require, shall
have been filed at the insurance department, nor until the presi
dent and secretary o f the association shall have certified under
oath that every subscription in the list so filed is genuine and
made with an agreement by every subscriber that he will take the
policies subscribed for by him within thirty days o f the granting
o f a license to the association by the insurance commissioner to
issue policies.
Issues cease, S ec. 11. I f the number o f subscribers falls below one hundred,
when.
or the number o f employees to whom the association may be bound
to pay compensation falls below ten thousand, no further policies
shall be issued until other employers have subscribed who, together
with existing subscribers, amount to not less than one hundred
who have not less than ten thousand employees, said subscriptions
to be subject to the provisions contained in the preceding section.
License.
Sec. 12. Upon the filing o f the certificate provided for in the
two preceding sections the insurance commissioner shall make
such investigation as he may deem proper and, if his findings war
rant it, grant a license to the association to issue policies.
Risk groups.
g EC 13 . The board o f directors shall distribute the subscribers
into groups in accordance with the nature o f the business and the
degree o f the risk o f injury.
Subscribers within each group shall annually pay in cash, or
notes absolutely payable, such premiums as may be required to
pay the compensation herein provided for the injuries which may
»
°ccur in that year.
Liabilities.
Sec. 14. The association may in its by-laws and policies fix the
contingent mutual liability o f the subscribers for the payment o f
losses and expenses not provided for by its cash fu n d s; but such
contingent liability o f a subscriber shall not be less than an amount
equal to and in addition to the cash premium.
Assessments.
Sec. 15. I f the association is not possessed o f cash funds above
its unearned premiums sufficient for the payment o f incurred
losses and expenses, it shall make an assessment for the amount
needed to pay such losses and expenses upon the subscribers liable
to assessment therefor in proportion to their several liability.
Every subscriber shall pay his proportional part o f any assess
ments which may be laid by the associations, in accordance with
law and his contract, on account o f injuries sustained and ex
penses incurred while he is a subscriber.
Dividends.
Sec. 16. The board o f directors may, from time to time, by vote
fix and determine the amount to be paid as a dividend upon
policies expiring during each year after retaining sufficient sums
to pay all the compensation which may be payable on account o f
injuries sustained and expenses incurred.
All premiums, assessments, and dividends shall be fixed by and
for groups as heretofore provided in accordance with the ex
perience o f each group, but all the funds o f the association and
the contingent liability o f all the subscribers shall be available for
the payment o f any claim against the association.
aDDwved*0 be ^EC*
Auy Pr°P°sed premium, assessment, dividend or dis
tribution o f subscribers shall be filed with the insurance depart
ment and shall not take effect until approved by the insurance
commissioner after such investigation as he may deem necessary.
Rules.
g EC -^g ijh e b o a rd o f d ir e cto rs s h a ll m a k e a n d e n fo r c e rea son
a b le ru les an d reg u la tion s f o r th e p rev en tion o f in ju rie s on th e
prem ises o f su b scrib ers, a n d f o r th is p u rp ose th e in sp ectors o f th e
a s socia tion shall h a v e fr e e acceas to a ll su ch p rem ises d u rin g regu
la r w o rk in g hours.
COMPENSATION LEGISLATION, 1914, 1915— MASSACHUSETTS.
211
Any subscriber or employee aggrieved by any such rule or
regulation may petition the industrial accident board for a review,
and it may affirm, amend, or annul the rule or regulation.
Sec. 19. If any officer of the association shall falsely make oath False stateto any certificate required to be filed with the insurance commis- ments’
sioner, he shall be guilty of perjury.
Sec. 20. Every subscriber shall, as soon as he secures a policy, Notice ofpolgive notice, in writing or print, to all persons under contract of icy‘
hire with him that he has provided for payment to injured em
ployees by the association.
Sec. 21 (as amended by chapter 571, Acts of 1912). Every sub- Notice by
scriber shall give notice in writing or print to every person with sul>scrib€rs*
whom he is about to enter into a contract of hire that he has pro
vided for payment to injured employees by the association. If
an employer ceases to be a subscriber he shall, on or before the
day on which his policy expires, give notice thereof in writing
or print to all persons under contract with him. In case of the
renewal of the policy no notice shall be required under the pro
visions of this act. He shall file a copy of said notice with the
industrial accident board. The notices required by this and the
preceding section may be given in the manner therein provided
or in such other manner as may be approved by the industrial
accident board.
Sec. 22. If a subscriber, who has complied with all the rules, Employers
regulations and demands of the association, is required by a n y reimbursed,
judgment of a court of law to pay to an employee any damages on w en*
account of personal injury sustained by such employee during the
period of subscription, the association shall pay to the subscriber
the full amount of such judgment and the cost assessed therewith,
if the subscriber shall have given the association notice in writing
of the bringing of the action upon which the judgment was recov
ered and an opportunity to appear and defend the same.
Sec. 28. [Repealed by special act 814, Acts of 1915.]
Sec. 24 . The board of directors appointed by the governor under E xpenses,
the provisions of Part IV, section two, may incur such expenses
in the performance of its duties as shall be approved by the
governor and council. Such expenses shall be paid from the
treasury of the Commonwealth and shall not exceed in amount the Limit,
sum of fifteen thousand dollars.
P a rt V.
m i s c e l l a n e o u s p r o v i s io n s .
S e c t io n 1. If an employee of a subscriber files any claim with
or accepts any payment from the association on account of personal injury, or makes any agreement, or submits any question
to arbitration, under this act, such action shall constitute a re
lease to the subscriber of all claims or demands at law, if any,
arising from the injury.
Sec. 2 (as amended by chapter 708, Acts of 1914). The following words and phrases, as used in this act, shall, unless a differ
ent meaning is plainly required by the context, have the following
meaning:—
“ Employer ” shall include the legal representative of a deceased
employer.
“ Employee” shall include every person in the service of an
other under any contract of hire, express or implied, oral or
written, except masters of and seamen on vessels engaged in inter
state or foreign commerce, and except one whose employment is
not in the usual course of the trade, business, profession or occu
pation of his employer. Any reference to an employee who has
been injured shall, when the employee is dead, also include his
legal representatives, dependents and other persons to whom com
pensation may be payable.
“ Dependents ” shall mean members of the employee’s family or
next of kin who were wholly or partly dependent upon the earn
ings of the employee for support at the time of the injury.
C o m p e n sa t
Definitions,
212
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
“Average weekly wages ” shall mean the earnings of the injured
employee during the period of twelve calendar months immedi
ately preceding the date of injury, divided by fifty-two; but if the
injured employee lost more than two weeks* time during such
period then the earning for the remainder of such twelve calen
dar months shall be divided by the number of weeks remaining
after the time so lost has been deducted. Where, by reason of the
shortness of the time during which the employee has been in the
employment of his employer, or the nature or terms of the em
ployment, it is impracticable to compute the average weekly
wages, as above defined, regard may be had to the average weekly
amount, which during the twelve months previous to the injury,
as being earned by a person in the same grade employed at the
same work by the same employer; or, if there is no person so em
ployed, by a person in the same grade employed in same class of
employment and in the same district.
“Association” shall mean the Massachusetts Employees Insur
ance Association.
“ Subscriber ” shall mean an employer who has become a mem
ber of the association by paying a year’s premium in advance and
receiving the receipt of the association therefor: Provided, That
the association holds a license issued by the insurance commis
sioner as provided in Part IV, section twelve,
w h o m a y S e c . 3 (as amended by chapter 57 1, Acts of 1 9 1 2 ). Any liability
anee.
’ insurance company authorized to do business within this Com
monwealth shall have the same right as the association to insure
the liability to pay the compensation provided for by Part II of
this act, and when such liability company issues a policy condi
tioned to pay such compensation the holder of such policy shall be
regarded as a subscriber so far as applicable within the meaning
of this act, and when any such company insures such payment of
compensation it shall be subject to the provisions of Parts I, II,
III and V and of section twenty-two of Part IV of this act, and
shall file with the insurance department its classifications of
risks and premiums relating thereto and any subsequent proposed
classifications or premiums, none of which shall take effect until
the insurance commissioner has approved the same as adequate
for the risks to which they respectively apply.
Sec. 4. [Repeals earlier laws.]
S e c . 5 . [Prior injuries not covered.]
S ec . 6. [Time for taking effect.]
to fu r n is h e d .
Sec* 7 (added by chapter 708, Acts of 1 9 1 4 ). The association
and all insurance companies insuring employees under the pro
visions of this act shall, at the request of the industrial accident
board, furnish to said board in writing any information required
in connection with the administration by said board of said act,
including any statistical facts and figures and the names of all
employees insured by them,
o t fic e a .a n
c “ S e c . 8 (added by chapter 70 8, Acts of 1 9 1 4 ) . There may be estab
lished and maintained under the care and direction of the indus
trial accident board not more than four branch offices in such
cities as may be selected by said board, from time to time, after
proper investigation, for the purpose of the better adjustment of
disputed cases and for the better information of all parties as
to their rights under this act. Said board is hereby authorized
to provide such offices with useful rooms, furniture and equipment
required for the transaction of the business authorized by this
act, also to appoint such officers, agents, clerks and assistants as
are necessary to discharge in connection with such offices the
duties required by this act, under the direction of said industrial
accident board.
Medical ad - Sec. 9 (added by chapter 708, Acts of 1914). The industrial
viaer.
accident board may appoint a medical adviser, who shall be a
duly qualified physician. The board shall prescribe the duties of
said medical adviser. His compensation shall be fixed by said
board, subject to the approval of the governor and council, and
shall not exceed the sum of four thousand dollars a year.
COMPENSATION LEtiJSI.VJlOX,
ACTS
U/14, lt>to---- MASSACHUSETTS.
213
O F 3014.
C h a p t e r 056.— Industrial aevident board— Reports.
S e c t i o n 1. The industrial accident board established by section on$fjK?rts to 1,6
one of Part III of chapter seven hundred and fifty-one of the acts
of the year nineteen hundred and eleven shall make an annual
report to the general court; of which report there shall be printed
four thousand live hundred copies, fifteen hundred to be bound,
and the remainder to be unbound. Of the said copies, five hun
dred bound and five hundred unbound shall be distributed by the
secretary of the Commonwealth, and the remainder shall be dis
tributed by the board.
C h a p t e r 70S.— Compensation of workmen for injunes.
[This chapter Is mainly amendatory of the principal act. The
following is, however, an independent section:]
S e c t io n 16. All insurance rates under said chapter seven hundred and fifty-one and acts in amendment thereof and in addition
thereto, now on file and approved by the insurance commissioner,
Kliall continue to apply to the several classifications after the
taking effect of the provisions of this act, unless the insurance
commissioner withdraw* approval in accordance with the pro
visions of chapter six hundred and sixty-six of the acts of the
year nineteen hundred and twelve.
in s u r a n c e
ACTS OF ll)ir>.
C h a p t e r 132.— Workmen'* compensation— Appeals.
S e c t io n 1. An order or decision of the industrial accident board,
Appeal not
a decree of the superior court upon such an order, a decision of suspension,
an arbitration committee from which no claim for review has been
Hied within the time allowed therefor, or a memorandum of agree
ment approved by the industrial accident board shall have effect,
notwithstanding an appeal, until it. is otherwise ordered by a
justice of the supreme judicial court who may, in any county,
suspend or modify such decree, order, or decision during the pend
ency of the appeal.
Approved April 2, 1015.
a
Ci fa pte u 383.— Workmen's compensation insurance— W it lidra icing
companies.
S e c t io n 1. Every foreign insurance company transacting the
Deposit rebusiness of workmen's compensation insurance in this Common- Qllired*
wealth shall within five days after its withdrawal from the trans
action of business herein, or after tin* revocation of its license
issued by the insurance commissioner or of his refusal to renew the
same, deposit with a trustee to be named by the industrial acci
dent board an amount equal to twenty-five per cent of its obliga
tions incurred or to be incurred under workmen’s compensation
policies issued to employers in this Commonwealth, and within
thirty days after such withdrawal, revocation of license, or re
fusal to renew a license, such company shall deposit with said
trustee an amouut equal to the remainder of such obligations, in
curred or to be incurred, the amount of which obligations shall
be determined by the industrial accident board. The amounts so
deposited shall be available for the payment of the said obliga
tions of the company to the same extent as if the company had
continued to transact business in tills Commonwealth, and it shall
be the duty of the trustee so receiving said deposits to pay such
obligations of the retiring company at the times and in a manner
satisfactory to the industrial accident board.
214
BULLETIN OF THE BUREAU Oi' LABOR STATISTICS;
Bond,
Sec. 2. Every such foreign insurance company shall, within
sixty days after the passage of this act, furnish a bond, running
to the Commonwealth, with some surety company, authorized to
transact business in this Commonwealth as surety, for such
amount and in such form and with such surety as may be ap
proved by the insurance commissioner, the bond being conditioned
upon the making by said company of the deposits required by
section one of this act. In place of the said bond the company may
furnish other security, satisfactory to the insurance commissioner,
that said deposits will so be made.
ApprovedApril 19, 1915.
C
Future in
crease
wages.
o
hapter
23 0 . — Workmen'*
oompemaUottr^Ineivpcrieticed work
men.
S e c t i o n 1. Whenever an employee is injured under circum
stances that would entitle him to compensation under the provi
sions of chapter seven hundred and fifty-one of the acts of the
year nineteen hundred and eleven, and acts in amendment thereof
and in addition thereto, if it be established that the injured em
ployee was of such age and experience when injured that, under
natural conditions, his wages would be expected to increase, that
fact may be taken into consideration in determining his weekly
wages.
Approved May 10, 1915.
C hapter
244.—Workmen’# compensation—Public employees.
Agent to
appointed.
S e c t i o n 1. Every board, commission, and department of the
Commonwealth employing laborers, workmen, and mechanics, the
Boston transit commission, and every county, city, town, and dis
trict which has accepted the provisions of chapter eight hundred
and seven of the acts of the year nineteen hundred and thirteen,
shall, through its executive officer or board, designate a person
to act as its agent in furnishing the benefits due under chapter
seven hundred and fifty-one of the acts of the year nineteen hun
dred and eleven and acts in amendment thereof and in addition
thereto. Such agent shall be held responsible for the proper
carrying out of this act under the direction and supervision of
the industrial accident board until his agency is revoked and a
new agent designated. The name and address of every such agent
shall be filed with the industrial accident board immediately
upon his designation; and each of the foregoing boards, commis
sions, departments, counties, cities, towns, and districts shall des
ignate such an agent within thirty days after this act takes effect.
Exemption,
Sec. 2. This act shall not apply to counties, cities, towns, and
districts which are insured under the provisions of chapter seven
hundred and fifty-one of the acts of the year nineteen hundred
and eleven and acts in amendment thereof.
Approved May 10, 1915.
C
hapter
287.—Workmen’s compensation insurance—Approval of
policies.
Separate lia
bilities.
Classes.
S e c t i o n 1. Every policy of workmen’s compensation insurance
issued or delivered in this Commonwealth shall cover separately
and for a separate consideration all the liabilities which are im
posed upon an insurer by the provisions of chapter seven hundred
and fifty-one of the acts of the year nineteen hundred and eleven
and amendments thereof, whatever other contingencies may be
insured by riders attached thereto or indorsements made thereon.
On the face of every such policy there shall be printed con
spicuously the words: “ Insurance under this policy is in Class
-------- of the company’s Workmen’s Compensation Classification
Manual,” and in the blank thus provided the number or other
designation in said manual under which the said policy is written
shall be placed before the policy is issued.
COMPENSATION LEGISLATION, 1914, 1915—MASSACHUSETTS* 215
Sec. 2. No such policy of insurance or rider to be used there- ^Commissionwith shall be issued or delivered until a copy thereof has been filed er 8 approvaA*
with the insurance commissioner at least thirty days prior to such
issue or delivery, unless before the expiration of the thirty days
the said commissioner shall have approved the form of the policy
in writing; nor if the insurance commissioner notifies the com
pany in writing that in his opinion the form of said policy or
rider does not comply with the laws of this Commonwealth,
specifying the reasons for his opinion: Provided, That upon peti
tion of the company the opinion of the insurance commissioner
shall be subject to review by the supreme judicial court of this
Commonwealth.
Approved May 27,1915.
MICHIGAN.
ACTS OF 1912—FIRST EXTRA SESSION.
A ct
No. 10.—Compensation of workmen for injuries.
[Parts I and II of this act (printed at pp; 277-290 of Bulletin
No. 126) were not amended in 1915. Part III, Procedure, is
amended by adding a new section, as follows:]
P
art
III.
Section 20 (added by act No. 171, Acts of 1915). The board may
appoint not to exceed two deputy commissioners who shall hold
office during its pleasure. Such deputy commissioners shall take
and subscribe the constitutional oath of office, have power to ad
minister oaths, certify official acts, take depositions, issue sub
poenas to compel the attendance of witnesses and the production
of books, accounts, and papers, and under the direction of the
board any such deputy may conduct an investigation, inquiry,
hearing, or arbitration in the same manner and with like effect
as if done by a member of the board. The salary of such deputies
shall be fixed by the board, not exceeding in any case eighteen
hundred dollars per year.
Approved May 7, 1915.
[Part IV, Method of Payment, is amended (subsec. 4, sec. 1) by
act No. 104, Acts of 1915, by striking out the clause withholding
from the State commissioner of insurance the administration of
medical and hospital benefits provided by section 4 of Part II, so
that this as well as the other benefits may now be cared for by
the State accident fund.
Part V is amended so as to read as follows:]
P
a d m in is t r a t io n
by
art
Deputies.
V.
c o m m is s io n e r
of
in s u r a n c e
.
Section 1 (as amended by act No. 153, Acts of 1915). "When Collection of
ever five or more employers, who have become subject to the provi premiums.
sions of this act and who have on their pay rolls an aggregate
number of not less than three thousand employees, shall in writing
request the commissioner of insurance so to do, he shall assume
charge of levying and collecting from them such premiums or
assessments as may from time to time be necessary to pay the
sums which shall become due their employees or dependents of
their employees as compensation under the provisions of this act,
and also the expense of conducting the administration of such
funds; and shall disburse the same to the persons entitled to re
ceive such compensation under the provisions of this act: Pro
vided, however, That neither the commissioner of insurance nor
the State of Michigan shall become or be liable or responsible for
the payment of claims for compensation under the provisions of
this act beyond the extent of the funds so collected and received
by him as hereinafter provided.
217
218
BtJLLETIN OF THE BUREAU 01? LABOR STATISTICS;
Admlntetra- Sec. 2 (as amended by act No. 153, Acts of 1915). The comtion or tuna. lUiSSioner of insurance shall immediately upon assuming the ad
ministration of the collection and disbursement of the moneys re
ferred to in the preceding section cause to be created in the State
treasury a fund to be known as “ accident fund.” Bach such em
ployer shall contribute to this fund to the extent of such premiums
or assessments as the commissioner shall deem necessary to pay
the compensation accruing under this act to employees of such
employers or to their dependents, and also the expense of the ad
ministration of said accident fund, which premiums and assess
ments shall be levied in the manner and proportion hereinafter
set forth. There shall be maintained in said accident fund a
sufficient amount of cash to pay current losses and expenses, and
the balance may be invested by the commissioner of insurance
and the State treasurer acting together in such securities as are
specified in section four of act number seventy-seven of the Public
Acts df eighteen hundred sixty-nine, for deposit by insurance com
panies with the State treasurer. All such securities shall be pur
chased and may be sold at such time in such manner and in ac
cordance with such rules and conditions as may be prescribed and
required by the joint action of said insurance commissioner and
State treasurer: Provided, however, That no such investment shall
be made nor any securities sold or disposed of except by and with
the consent and approval in writing of the board of State auditors.
The commissioner of insurance shall give a good and sufficient
bond in the sum of twenty-five thousand dollars, executed by some
surety company authorized to do business in the State of Michi
gan, covering the collection and disbursement of all moneys that
may come into his hands under the provisions of this act. The
premium on said bond shall be paid out of the general funds of
the State on the order of the auditor general. Said bond must be
approved by the board of State auditors.
Premium
S e c . 3. It is the intention that the amounts raised for such fund
rates.
shall ultimately become neither more nor less than self-supporting,
and the premiums or assessments levied for such purpose shall be
subject to readjustment from time to time by the commissioner
o f insurance as may become necessary.
Classifica- Sec. 4 (as amended by act No. 153, Acts of 1915). The cona
tion.
missioner of insurance may classify the establishments or works
of such employers in groups in accordance with the nature of the
business in which they are engaged and the probable risk of injury
to their employees under existing conditions. He shall determine
the amount of the premiums or assessments which such employers
shall pay to said accident fund, and may prescribe when and in
what manner such premiums and assessments shall be paid, and
may change the amount thereof both in respect to any or all of
such employers from time to time, as circumstances may require,
and the condition of their respective plants, establishments, or
places of work in respect to the safety of their employees may
justify, but all such premiums or assessments shall be levied on
a basis that shall be fair, equitable, and just as among such
employers.
Default in
Sec. 5 (as amended by act No. 153, Acts of 1915). All premiums
payments o for assessments shall be due and payable within forty-five days
premiums.
f rom the date on which the insurance became effective, and formal
demand for the payment of such premium shall be made within
thirty days from said date. If any employer shall make default
in the payment of any contribution, premium, or assessment re
quired as aforesaid by the commissioner of insurance, the insur
ance of such employer shall become void, and the sum due for the
period insured shall be collected by an action at law in the name
of the State as plaintiff, and such right of action shall be in addi
tion to any other right of action or remedy. In case any injury
happens to any of the workmen of such employer after the default
in the payment of any such premium, assessment, or contribution,
the defaulting employer shall not, if such default be fifteen days
after demand for payment* be entitled to the benefits of this act,
COMPENSATION LEGISLATION, 1914r, 1Q15-— MICHIGAN.
219
blit shall be liable to suit by the injured workman, oy by his de
pendents in case death results from such accident, as if he had
npt elected to become subject to this act.
Sec. 6 (as amended by act No. 153, Acts of 1915). Every em- Certificate of
ployer requesting insurance under the administration of the com- insurance,
missioner of insurance shall, upon complying with the* rules and
regulations adopted by said commissioner of insurance, be fur
nished with a certificate showing the date on which such insur
ance becomes effective. Such insurance shall be in force for a
period of one year, and may be renewed for subsequent periods
of one year providing such emi>loyer shall have complied with all
of the rules and regulations adopted by the commissioner of insur
ance.
Sec. 7. In case any controversy shall arise between the commis- Disputes,
sioner of insurance and any employer subject to the provisions
of part five of this act, relative to any rule or regulation adopted
by said commissioner of insurance, or any decision made by him
in respect to the collection, administration, and disbursement of
such funds, or in case any controversy shall arise between any
employee claiming compensation under the provisions of this act
and said commissioner of insurance, all such controversies of
e\ery kind and nature shall be subject to review in like manner
and with the same force and effect in ail respects as is heretofore
provided in respect to differences arising through the administra
tion of such funds by the employer or by a liability insurance
company or by ail employers* mutual insurance association.
Sec. 8 (as amended by act No. 153, Acts of 1915). The books, Insp^tion of
records, and pay rolls of each employer subject to the provisions pay ro ’
of part five of this act shall always be open to inspection by the
commissioner of insurance, or his duly authorized agent or repre
sentative, for the purpose of ascertaining the correctness of the
amount of the pay roll reported, the number of men employed,
and such other information as said commissioner may require in
the administration of said funds. Refusal on the part of any such
employer to submit said books, records, and pay rolls for such in
spection shall subject the offending employer to a penalty of fifty
dollars for each offense, to be collected by civil action in the name
of the State and paid into the accident fund, and the individual
who shall personally give such refusal shall be guilty of a mis
demeanor. Any such employer who shall knowingly submit to
the commissioner of insurance a false statement of pay roll for
the purpose of securing a lower premium charge shall be guilty
of a misdemeanor, and upon conviction shall be subject to a fine
of not less than one hundred dollars or imprisonment for not more
than thirty days in the county jail, or both such fine and imprison
ment, in the discretion of the court.
Sec. 9 ( jis amended by act No. 158, Acts of 1915). The com- Receipts, exmissioner of insurance shall issue proper receipts for all moneys penditurea, etc.
so collected and received from employers, as aforesaid, shall take
receipts for all sums paid to employees for compensation under
the provisions of this act, and shall keep full and complete rec
ords of all business transacted by him in the administration of
such funds. He may employ such deputies and assistants and
cleiical help as may be necessary, and as the board of State au
ditors may authorize, for the proper administration of said funds
and the performance of the duties imposed upon him by the pro
visions of this act, at such compensation as may be fixed by said
board of State auditors, and may also remove them. The commis
sioner of insurance and such deputies and assistants shall be
entitled to receive from the State their actual and necessary ex
penses while traveling on the business of the accident fund, but
all such salaries and expenses so authorized by the provisions of
this act shall, when audited and approved by the board of State
auditors, be charged to and paid out of said accident fund. He
shall include in his annual report a full and correct statement of
the administration of such fund, showing its financial status and
outstanding obligations, the claims contested and why, and general
220
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
statistics in. respect to all business transacted by him under the
provisions of this act.
Payments
Sec. 10 (as amended by act No. 153, Acts of 1915). All pay^
Bade, how.
ments on account of injuries to employees from said accident fund
shall be made only upon the certificate of the commissioner of
insurance, which certificate shall be in accordance with the agree
ment for compensation as approved by the industrial accident
board; such certificate shall be filed with the auditor general, who
shall thereupon draw his warrant on the State treasurer against
said accident fund.
.Winding up sec . 11 (as amended by act No. 153, Acts of 1915). If this act
shall be hereafter repealed (or if it shall in the judgment of the
commissioner of insurance become necessary to dissolve the ac
cident fund) all moneys which are in the accident fund at such
time shall be subject to disposition under the direction of the cir
cuit court for the county of Ingham, with due regard, however, to
the obligation incurred and existing to pay compensation under
the provisions of this act.
[Part VI, Miscellaneous Provisions, is amended (sec. 7) by act
No. 170 by increasing the amount of the annual appropriation
from $40,000 to $45,000.]
ACTS OF 1913.
Act No. 388.—Compensation of workmen for injuries—Insurance
of State employees.
Limitation of Section 1. On and
insurance.
agent of this State
after the passage of this act, no officer or
* * * shall pay out any public moneys
or funds on account of any insurance * * * against any.
liability arising or that may arise under the provisions of act
number ten of the first special session of nineteen hundred twelve
[workmen’s compensation bill], except in a manner hereinafter
provided.
Insurance by Sec. 6. Upon July first, nineteen hundred thirteen, and annuState for lia- ally thereafter the commissioner of insurance shall determine the
oloyees
em premium or assessment necessary to pay the compensation accrup
*
ing under act number ten of the first special session of nineteen
hundred twelve to persons in the service of the State, except that
such premium shall not cover the medical and hospital services
and medicines as required by said act, but the cost of same shall
be paid by each State institution out of its current expense fund,
and he shall then certify the same to the auditor general, and
the auditor general shall order the State treasurer to credit to
the “ accident fund” created by the above-mentioned act the
amount so certified, and the amount so credited by the State
treasurer to said accident fund shall be debited by him to the
current expense fund appropriated by the legislature for each
State institution or department, and for the purposes of this act
the State shall be entitled to all of the benefits and subject to all of
the liabilities of an individual employer who has availed himself
of the provisions of part five of said act number ten of the first
special session of nineteen hundred twelve: Provided, hoicever,
That any credits that may be due the State under said act shall
be credited to the respective funds or accounts contributing to
said accident fund.
ACTS OF 1915.
A ct
Certificate
required.
No. 130.—Workmen's compensation insurance adjusters.
Section 1. No person, partnership, association, or corporation
shall, after this act takes effect, engage in the business of adjust
ing claims for compensation under act number ten of the Public
Acts of nineteen hundred twelve, and acts amendatory thereto, for
companies carrying workmen’s compensation insurance, without
COMPENSATION LEGISLATION, 1.914, 1.915— MICHIGAN.
221
first procuring a certificate of authority to act as such adjuster
from the commissioner of insurance of this State. The commis
sioner of insurance shall issue such adjuster’s certificate of au
thority only to persons, partnerships, associations, or corpora
tions applying therefor, who are trustworthy and competent to
transact such business in such manner as to safeguard the in
terests of the public. Every person, partnership, association, or
corporation to whom such certificate is issued shall pay to the
commissioner of insurance as a license tee therefor the sum of
two dollars to be paid into the State treasury of this State as
other fees paid to such commissioner.
Sec. 2. Such license and certificate o f authority may be sus- Suspension,
ponded or revoked by the commissioner o f insurance for fraud etc*
or serious misconduct on the part o f any such adjuster. Before
revoking the license o f any adjuster under this act the commis
sioner shall give notice in writing to such adjuster o f the charges
o f fraud or misconduct preferred against him, and shall give such
adjuster full opportunity to be heard in relation to the same.
Sec. 3. Any person, partnership, association, or corporation, or violations,
their agents or employees, violating the provisions of this act shall
be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine of not more than one hundred dollars,'
and in default of the payment thereof shall be imprisoned in the
county jail for not more than thirty days, or by both such fine and
imprisonment, in the discretion of the court.
Approved May 6, 1915.
A
ct
N
o.
182.—Workmen's compensation insurance—Classifications.
S e c t i o n 1. Every employers’ liability company and every emDUty o£ in_
ployers’ insurance association insuring employers against the lia- suranco compability provided for by act number ten of the Public Acts of nine-niosteen hundred twelve, first extra session, as amended, shall file
with the insurance commissioner of the State its classification
of risks and normal premiums relating thereto together with any
and all reasonable percentage of allowance made upon such pre
miums above or below the said normal premium for increased or
diminished hazards in said classifications of risks. The classifica
tions so filed shall be classifications upon which the insurer filing
same shall classify its risks and the premiums and percentage of
allowances thereon shall be the premiums which must be charged
by the insurer filing same, on its risks until such classification and
premiums and percentage allowances shall be changed as herein
provided.
Sec. 2. No insurer against liability provided for in this act ciassifieashall fix any classification or allowance or charge any premium t i o n s to
against liability under said act number ton of the Public Acts of reasonable,
nineteen hundred twelve which is unreasonable or which discrimi
nates unfairly between risks in the application of like charges
and credits, or which discriminates unfairly between risks on
essentially the same hazards and having substantially the same
degree of protection against accident.
Sec. 3. Any deviation of any such insurer from the dassifica- uniformity,
tions and schedules of premiums and percentages relating hereto,
as filed with the insurance commissioner shall be uniform in its
application to all the risks in the class for which the deviation is
made, and no such uniform deviation shall be made unless notice
thereof shall be filed with the insurance commissioner of the State
at least fifteen days before such uniform deviation is in effect.
Sec. 4. The State banking commissioner, the attorney general, Commission
and the commissioner of insurance of this State shall constitute j n ciassiiicaa commission, and upon written complaint or upon its own in -t s*
formation that discrimination in classification of risks or in the
normal premiums relating thereto, or in any percentage of allow- .
ance upon such premiums, exists, or that any such classification of
risks or that any premiums or any percentage of allowance upon
222
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
such premiums discriminates between risks of essentially the same
hazard and having substantially the same degree of protection
against accident, the commission may order a hearing for the pur
pose of determining such questions of discrimination and the re
view of such classification of risks, such premiums or such percent
age allowance before said commission shall be had only after due
notice to all parties interested, and if upon such hearing the com
mission shall determine that said classification, such premium or
premiums or such percentage allowance is or are discriminatory,
it shall have power to order the discrimination removed. Any
party in interest being dissatisfied with any order of the commis
sion may, within thirty days from the issuance of such order and
notice thereof, commence an action in the circuit court in chancery
for the county of Ingham against the commission, as defendant, to
vacate and set aside any such order upon the ground that such
order is unlawful or unreasonable; in which suit the commission
shall be served with a subpoena and a copy of the complaint. The
commission shall file its answer and on leave of court any inter
ested party may file an answer to said complaint. Upon the filing
of the answer of the commission said action shall be at issue and
stand ready for hearing upon ten days* notice by either party. The
said circuit court for the county of Ingham in chancery is hereby
given jurisdiction of such suits and empowered to affirm, vacate,
or set aside the order of the commission in whole or in part, and
to make such other'order or decree as the court shall decide to
be in accordance with the facts and the law. During pendency of
such proceedings the order shall be suspended, and in the event of
final determination against any insurer any overcharge during
the pendency of such proceedings shall be refunded by the insurer
to the persons entitled thereto.
Approved May 11, 1915.
MINNESOTA*
ACTS OF 1913.
C
hapter
46 7.—
Employers’ liability— Compensation of workmen for
injuries.
P a r t 1.
em ployers’
l ia b il it y
.
S e c t io n 1. When personal injury or death is caused to an emDamage®,
ployee by accident arising out of and in the course of his employ
ment, of which injury the actual or lawfully imputed negligence
of the employer is the natural and proximate cause, he, or, in
case of death, his personal representative, for the exclusive benefit
of the surviving spouse and next of kin, shall receive compensation
by way of damages therefor from his employer: Provided, The em- Questions o f
ployee was himself not willfully negligent at the time of receiving negligence,
such injury; and the question of whether’ the employee was will
fully negligent shall be one of fact to be submitted to the jury,
subject to the usual powers of the court over verdicts rendered
contrary to the evidence, or to law.
S e c . 2. In all cases brought under Part 1 of this act it shall not
Defenses abbe a defense (a) that the employee was negligent, unless and ex- rogated*
cept it shall also appear that such negligence was willful; (b)
that the injury was caused by the negligence of-a fellow em
ployee; (c) that the employee had assumed the risks inherent in,
or incidental to the work, or arising out of and in the course of
his employment from the failure of the employer to provide and
maintain safe premises and suitable appliances, which grounds of
defense are hereby abolished except as provided in section 4.
S e c . 3. If the employer elects not to come under Part 2 of this
Where abroact, he loses the right to interpose the three defenses named inf^Jes°n ° P
section 2 in any action brought against him for personal injury or
death of an employee.
S e c . 4. If the employer becomes subject to Part 2 of this act
When defenand the employee does not, then the employer may set up such sesareaiioweo.
defenses as are available at the time of the passage of this act.
S e c . 5 . The provisions of sections one, two, three and four shall
D t h by
apply to any claim for the death of an employee arising under wrong^
section 4503 of chapter 84, Revised Laws of Minnesota 1905, and
the acts or parts of acts amendatory thereof, concerning death by
wrongful act.
S e c . 6. In all actions at law brought pursuant to Part 1 of this nJ?ft? rden ot
act, the burden of proof to establish willful negligence of the in -p
jured employee shall be upon the defendant.
S e c . 7. No claim for legal services or disbursements pertaining
Legal f e e s
to any demand made or suit brought under the provisions of this not a llen*
act shall be an enforceable lien against the amount paid as com
pensation, or be valid or binding in any other respect, unless the
same be approved in writing by the judge presiding at the trial, or
in case of settlement without trial, by a judge of the district
court: Provided, That if notice in writing be given the defendant,
of such claim for legal services or disbursements, the same shall
be a lien against the amount paid as compensation, subject to de
termination of the amount and approval hereinbefore provided.
All sums allowed as liens against such compensation or paid for
legal, medical and hospital services and other disbursements, shall
be reported by the employee to the labor commissioner with terms
of settlement as provided in section 24 of this act.
22 4
BULLETIN OF THE BUKEAU OF LABOR STATISTICS*
P art
2.
ELECTIVE COMPENSATION*,
(as amended by chapter 193, Acts of 1915). This act
construed or held to apply to any common carrier by
steam railroad, domestic servants, farm laborers or persons whose
employment at the time of the injury is casual, and not in the
usual course of the trade, business, profession or occupation of his
employer.
Compensa- gEC# 9. i f both employer and employee, shall, by agreement exwhen?ay
’ press or implied, or otherwise, as herein provided, become subject
to Part 2 of this act, compensation according to the schedules
hereinafter contained shall be paid by every such employer, in
every case of personal injury or death of his employee, caused
by accident, arising out of and in the course of employment, with
out regard to the question of negligence, except accidents which
are intentionally self-inflicted or when the intoxication of such
employee is the natural or proximate cause of the injury, and the
burden of proof of such fact shall be upon the employer.
Method to be Sec. 10. Such agreement or the election hereinafter provided for
exclusive.
shall be a surrender by the parties thereto of their rights to any
other method, form or amount of compensation or determination
thereof than as provided in Part 2 of this act, and an acceptance
of all the provisions of Part 2 of this act, and shall bind the em
ployee himself, and for compensation for his death shall bind his
personal representative, the surviving spouse and next of kin, as
well as the employer, and those conducting his business during
bankruptcy or insolvency, for compensation for death or injury,
as provided for by Part 2 of this act.
Presumption Sec. 11. All contracts of employment made after the taking
as to contracts. effecj. 0f this act shall be presumed to have been made with refer
ence, and subject to the provisions of Part 2, unless otherwise
expressly stated in the contract, in writing, or unless written or
printed notice has been given by either party to the other, as here
inafter provided, that he does not accept the provisions of Part 2.
Every employer and every employee is presumed to have accepted
and come under Part 2 hereof, unless thirty (30) days prior to
accident, he shall have signified his election not to accept or be
bound by the provisions of Part 2. This election not to accept
Part 2 shall be by notice as follows:
The employer shall post and keep posted in his shop or place of
business a written or printed notice of his election not to be bound
by Part 2 hereof and file a duplicate thereof with the labor com
missioner.
The employee shall give written or printed notice to the em
ployer of his election not to be bound by Part 2, and file a dupli
cate with proof of service attached thereto with the labor com
missioner.
Termination .gEC. 12 (as amended by chapter 209, Acts of 1915). Either party
or agreement. may terminate his acceptance or his election not to accept of the
provisions of Part 2 by thirty (30) days’ written notice to the
other, such notice to be given as provided in section 11. A dupli
cate of such notice, with proof of service attached thereto, shall
be filed with the labor commissioner, and the time shall not begin
to run until the notice is so filed.
Minors.
Sec. 12a (added by chapter 209, Acts of 1915). Minors who
are permitted to work by the laws of this State shall, for the
purposes of Part 2 of this act, have the same power to contract,
make election of remedy, make settlements, and receive compen
sation as adult employees, subject, however, to the power of the
court, in its discretion, at any time to require the appointment of
a guardian to make such settlement and to receive moneys there
under or under an award.
Compensa- Sec. 13 (as amended by chapter 209, Acts of 1915). Following
tion tor
}s the schedule of compensation: (a) For injury producing tem
Employments Section 8
exempt.
shall not be
COMPENSATION LEGISLATION, 1914, 1915--- MINNESOTA.
2i25
porary total disability, fifty per centum of the wages received at Temporary
the time of injury, subject to a maximum compensation of eleven g *®1 dlsabil"
dollars ($11) per week and a minimum of six and one-half dollars *
($6.50) per week: Provided, That if at the time of injury the em
ployee receives wages of less than six and one-half dollars ($6.50)
per week, then he shall receive the full amount of such wages
per week. This compensation shall be paid during the period of
such disability, not, however, beyond three hundred weeks, pay
ments to be made at the intervals.when the wage was payable, as
nearly as may be.
(b) In all cases of temporary partial disability the compensa- Partial disation shall be fifty per cent of the difference between the wage of billty *
the workman at the time of the injury and the wage he is able to
earn in his partially disabled condition. This compensation shall
be paid during the period of such disability, not, however, beyond
three hundred weeks, payment to be made at the intervals when
the wage was payable, as nearly as may be, and subject to the
same maximum as stated in clause (a).
(c) For permanent partial disability the compensation shall be
based upon the extent of such disability. In cases included by the
following schedule the compensation shall be that named in the
schedule, to wit:
For the loss of a thumb, fifty per centum of daily wages during
sixty (60) weeks.
For the loss of a first finger, commonly called index finger, fifty
per centum of daily wages during thirty-five (35) \\Teeks.
For the loss of a second finger, fifty per centum of daily wages
during thirty (30) weeks.
For the loss of a third finger, fifty per centum of daily wages
during twenty ( 20) weeks.
For the loss of a fourth finger, commonly called little finger,
fifty per centum of daily wages during fifteen weeks.
The loss of the first phalange of the thumb or of any finger shall
be considered equal to the loss of one-half of such thumb or finger,
and compensation shall be paid at the prescribed rate during onehalf the time specified above for such thumb or finger.
The loss of more than one phalange shall be considered as the
loss of the entire finger or thumb: Provided, however, That in no
ease shall the amount received for more than one finger exceed
the amount provided in this schedule for the loss of a hand.
For the loss of a great toe, fifty per centum of daily wages dur
ing thirty (30) weeks.
For the loss of one of the toes other than a great toe, fifty per
centum of daily wages during ten ( 10) weeks.
The loss of the first phalange of any toe shall be considered to
be equal to the loss of one-half of such toe, And compensation shall
be paid at the prescribed rate during one-half the time specified
above for such toe.
The loss of more than one phalange shall be considered as the
loss of the entire toe.
For the loss of a hand, fifty per centum of daily wages during
one hundred and fifty (150) weeks.
For the loss of an arm, fifty per centum of daily wages during
two hundred ( 200) weeks.
For the loss of a foot, fifty per centum of daily wages during
one hundred and twenty-five (125) weeks.
For the loss of a leg, fifty per centum of daily wages during
one hundred and seventy-five (175) weeks.
For the loss of an eye, fifty per centum of daily wages during
one hundred ( 100) weeks.
For the complete and permanent loss of hearing in both ears,
fifty per centum of daily wages during one hundred and fifty-sis
(156) weeks.
For the loss of an eye and a leg, fifty per centum of daily wages
during three hundred and fifty (350) weeks..
7044°—Bull. 185—15----- 15
226
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
For the loss of an eye and an arm, fifty per centum of daily
wages during three hundred and fifty (850) weeks.
For the loss of an eye and a hand, fifty per centum of daily
wages during three hundred and twenty-five (325) weeks.
For the loss of an eye and a foot, fifty per centum of daily wages
during three hundred (300) weeks.
For the loss of two arms other than at the shoulder, fifty per
centum of.daily wages during four hundred (400) weeks.
For the loss of two hands, fifty per centum of daily wages dur
ing four hundred (400) weeks.
For the loss of two legs, fifty per centum of daily wages during
four hundred (400) weeks.
For the loss of two feet, fifty per centum of daily wages during
four hundred (400) weeks.
For the loss of one arm and the other hand, fifty per centum of
the daily wages during four hundred (400) weeks.
For the loss of one hand and one foot, fifty per centum of the
daily wages during four hundred (400) weeks.
For the loss of one leg and the other foot, fifty per centum of
the daily wages during four hundred (400) weeks.
For the loss of one leg and one hand, fifty per centum of the
daily wages during four hundred (400) weeks.
For the loss of one arm and one foot, fifty per centum of the
daily wages during four hundred (400) weeks.
For the loss of one arm and one leg, fifty per centum of the
daily wages during four hundred (400) weeks.
Where an employee sustains concurrent injuries resulting in
concurrent disabilities, he shall receive compensation only for the
injury which produces the longest period of disability; but this
section shall not affect liability for the concurrent loss of more
than one member, for which members compensations are provided
in the specific schedule and in subsection (e) below.
In all cases of permanent partial disability it shall be con
sidered that the permanent loss of the use of a member shall be
equivalent to and draw the same compensation as the loss of that
member; but the compensation in and by said schedule provided,
shall be in lieu of all other compensation in such cases.
In cases of permanent partial disability due to injury to a
member, resulting in less than total loss of such member, not other
wise compensated in this schedule, compensation shall be paid at
the prescribed rate during that part of the time specified in the
schedule for the total loss of the respective member, which the
extent of injury to the member bears to its total loss.
All compensation provided in clause (c) of this section for loss
of members, or loss of use of members, are subject to the same
limitations as to maximum and minitnum as are stated in
clause (a).
In all other cases of permanent partial disability not above
enumerated the compensation shall be fifty per centum of the dif
ference between the wage of the workman at the time of the
injury and the wage he is able to earn in his partially disabled
condition, subject to a maximum of eleven ($11) dollars per week.
Compensation shall continue during disability, not, however, be
yond three hundred (300) weeks.
Permanent
(d) For permanent total disability as defined in subsection (e),
total disability, below fifty per centum of the wages received at the time of the
injury, subject to a maximum compensation of eleven ($11) dol
lars per week and a minimum compensation of six and one-half
($6.50) dollars per week: Provided, That if, at the time of injury,
the employee was receiving wages of less than six and one-half
($6.50) dollars per week, then he shall receive the full amount
of his wages per week. This compensation shall be paid during
such permanent total disability, not exceeding five hundred and
fifty (550) weeks; but in all such cases drawing more compensa
tion than six and one-half ($6.50) dollars per week, the payments
after the first four hundred (400) weeks shall be reduced to six
and one-half ($6.50) dollars per week for the remainder of the
COMPENSATION LEGISLATION, 1914, 1915— MINNESOTA.
227
five liuridred and fifty (550) weeks, while the permanent total dis
ability continues, payment to be made at the intervals when the
wage was payable as nearly as may be. The total amount of com
pensation payable under this subsection shall not exceed five thou
sand ($5,000) dollars in any case: Provided, hotcever, That in case
an employee who is permanently and totally disabled becomes an
inmate of a public institution, then no compensation shall be pay
able unless he has wholly dependent on him for support a person
or persons named in subsections (1), (2), and (3) of section 14
(whose dependency shall be determined as if the employee were
deceased); in which case the compensation provided for in this
subsection shall be paid for the benefit of said persons so de
pendent during dependency, in the manner ordered by the court,
while the employee is an inmate of such institution.
(e) The total and permanent loss of the sight of both eyes or
the loss of both arms at the shoulder, or complete and permanent
paralysis, or total and permanent loss of mental faculties shall
constitute permanent total disability.
(e) 1. For permanent total disability other than as defined in
subsection (e) fifty per centum of the wages received at the time
of injury, subject to a maximum compensation of eleven ($11)
dollars per week and a minimum compensation of six and onehalf ($6.50) dollars per week: Provided, That if at the time of in
jury the employee was receiving wages of less than six and onehalf ($6.50) dollars per week, then he shall receive the full amount
of his wages per week. This compensation shall be paid during
the period of such permanent total disability, not exceeding four
hundred weeks, payments to be made at the intervals when the
wage was payable as nearly as may be.
( f ) In case a workman sustains an injury due to accident aris- Death of em~
ing out of and in the course of his employment, and during the Pi«ye?Amn™ r
period of disability caused thereby death results proximately tion.
therefrom, all payments previously made as compensation for such
injury shall be deducted from the compensation, if any, due on
account of death.
Sec. 14 (as amended by chapter 209, Acts of 1915). (1) For the Dependents,
purposes of this act the following described persons shall be con
clusively presumed to be wholly dependent: (a) Wife, unless it be
shown that she was voluntarily living apart from her husband at
the time of his injury or death; (b) minor children under the
age of sixteen years.
(2) Children between sixteen and eighteen years of age, or
those over eighteen, if physically or mentally incapacitated from
earning, shall, prima facie, be considered dependent.
(3) Wife, child, husband, mother, father, grandmother, grand
father, sister, brother, mother-in-law, and father-in-law who were
wholly supported by the deceased workman at the time of his
death and for a reasonable period of time immediately prior
thereto shall be considered his actual dependents, and payment of
compensation shall be made to them in the order named.
(3A) Any member of a class named in subdivision (3), who
regularly derived part of his support from the wages of the de
ceased workman at the time of his death and for a reasonable
period of time immediately prior thereto shall be considered his
partial dependent, and payment of compensation shall be made to
such dependents in the order named.
(4) In death cases compensation payable to dependents shall be Death benecomputed on the following basis and shall be paid to the persons fits,
entitled thereto without administration.
(5) If the deceased employee leave a widow and no depend
ent child, there shall be paid to the widow thirty-five per centum
of the monthly wages of deceased.
( 6) If the deceased employee leave a widow and one depend
ent child, there shall be paid to the widow for the benefit of her
self and such child forty-five per centum of the monthly wages
of deceased.
BULLETIN OF THE BUREAU OF LABOR STATISTICS*
(T) If the deceased employee leave a widow and either two or
three dependent children, there shall be paid to the widow for the
benefit of herself and such children fifty-five per centum of the
monthly wages of deceased.
( 8) If the deceased employee leave a widow and four or more
dependent children, there shall be paid to the widow for the bene
fit of herself and such children sixty per centum of the monthly
wages of the deceased.
( 8A) In all cases where compensation is payable to a widow
for the benefit of herself and dependent child or children the court
shall have power to determine, in its discretion, what portion of
the compensation shall be applied for the benefit of any such
child or children, and may order the same paid to a guardian.
(9) In case of remarriage of a widow without children she shall
receive a lump-sum settlement equal to one-half of the amount of
the compensation remaining unpaid. This sum shall be paid to
her within sixty (60) days after written notice to the employer
of such remarriage. In case of remarriage of a widow who has
dependent children the unpaid balance of compensation which
would otherwise become due to her shall b§ paid to such children.
(10) If the deceased employee leave a dependent orphan, there
shall be paid forty per centum of the monthly wages of deceased,
with ten per centum additional for each additional orphan, with a
maximum of sixty per centum of such wages.
(11) If the deceased employee leave a dependent husband and
no dependent child, there shall be paid to the husband twenty-five
per centum of the monthly wages of deceased.
(12) If the deceased employee leave no widow or child or hus
band entitled to any payment hereunder, but should leave a parent
or parents, either or both of whom are wholly dependent on the
deceased, there shall be paid, if only one parent, thirty per centum
of the monthly wages of the deceased, and if both parents, forty
per centum of the monthly wages of the deceased to such parent
or parents.
(13) If the deceased leave no widow or dependent child or hus
band or parent entitled to any payment hereunder, but leaves a
grandparent, brother, sister, mother-in-law, or father-in-law wholly
dependent on him for support, there shall be paid to such depend
ent, if but one, twenty-five per centum of the monthly wages of
the deceased, or if more than one, thirty per centum of the monthly
wages of the deceased, divided between or among them share and
share alike.
(14) If compensation is being paid under Part 2 of this act to
any dependent, such compensation shall cease upon the death or
marriage of such dependent, unless otherwise provided herein.
(15) Partial dependents shall be entitled to receive only that
proportion of the benefits provided for actual dependents which
the average amount of the wages regularly contributed by the
deceased to such partial dependent at and for a reasonable time
immediately prior to the injury bore to the total income of the
dependent during the same time.
(16) In all cases where death results to an employee caused by
accident arising out of and in the course of employment the em
ployer shall pay, in addition to the medical and hospital expenses
provided for in section 18, the expense of last sickness and burial,
not exceeding in amount one hundred ($100) dollars, except in
cases where an insurer of the deceased or a benefit association is
liable therefor, or for a part thereof; in which case the employer
shall not be required to pay any part of such expense for which
such insurer or a benefit association is liable unless such nonpay
ment by the employer would diminish the benefits received by the
dependents of the deceased from any such insurer or benefit asso
ciation. In case any dispute arises as to the reasonable value of
the services rendered in connection with the last sickness and
burial, the same shall be approved by the court before payment,
after such reasonable notice to interested,parties as the court shall
require. If the deceased leave no dependents no compensation
shall be payable except as provided by this subsection.
COMPENSATION LEGISLATION, 1014, 1015— MINNESOTA.
229
(17) The compensation payable in case of death to persons
wholly dependent shall be subject to a maximum compensation of
eleven ($11) dollars per week and a minimum of six and one-half
($6.50) dollars per week: Provided, That if at the time of injury
the employee receives wages of less than six and one-half ($6.50)
dollars per week, then the compensation shall be the full amount
of such wages per week. The compensation payable to partial de
pendents shall be subject to a maximum of eleven ($11) dollars
per week and a minimum of six and one-half ($6.50) dollars per
week: Provided, That if the income loss of the said partial de
pendents by such death is less than six and one-half ($6.50) dol
lars per week, then the dependents shall receive the full amount
of their income loss. This compensation shall be paid during
dependency not exceeding three hundred (300) weeks, payments
to be made at the intervals when the wage was payable, as nearly
as may be.
(18) In computing and paying compensation to orphans or
other children, in all cases, only those under eighteen years of
age, or those over eighteen years of age who are physically or
mentally incapacitated from earning, shall be included, the former
to receive compensation only during the time they are under
eighteen, the latter only for the time they are so incapacitated,
within the period of three hundred (300) weeks.
(19) Actual dependents shall be entitled to take compensation
in the order named in subsection (3) above until fifty per centum
of the monthly wages of the deceased during the time specified
in subsection (17) shall have been exhausted, but the total com
pensation to be paid to all actual dependents of a deceased em
ployee shall not exceed in the aggregate eleven ($11) dollars per
week.
Sec. 15. If an employee receive an injury which, of itself, would Subsequent
only cause permanent partial disability, but which, combined with injuries,
a previous disability, does in fact cause permanent total disability,
the employer shall only be liable for the permanent partial dis
ability caused by the subsequent injury.
Sec. 16. In case any employee for whose injury or death com- j o i n t empensation is payable under Part 2 of this act shall, at the time of ployers.
the injury, be employed and paid jointly by two or more employers
subject to this act, such employers shall contribute the payment
of such compensation in the proportion of their several wage lia
bility to such employee. If one or more but not all of such em
ployers should be subject to Part 2 of this act, and otherwise sub
ject to liability for compensation hereunder, then the liability of
such of them as are so subject shall be to pay the proportion of
the entire compensation which their proportionate wage liability
bears to the entire wages of the employee: Provided, however,
That nothing in this section shall prevent any arrangement be
tween such employers for a different distribution, as between
themselves, of the ultimate burden of such compensation.
Sec. 17 (as amended by chapter 209, Acts of 1915). In cases of Waitingtime,
temporary total or temporary partial disability no compensation
shall be allowed for the first two weeks after injury received, ex
cept as provided by section 18, nor in any case unless the employer
has actual knowledge of the injury or is notified thereof within
the period specified in section 19.
Sec. 18 (as amended by chapter 209, Acts of 1915). Such medi- medical, etc.,
cal and surgical treatment, medicine, medical and surgical supplies, services,
crutches, and apparatus as may be reasonably required at the
time of the injury and thereafter during the disability, but not
exceeding ninety (90) days, to cure and relieve from the effects of
the injury, the same to be provided by the employer, and in case
of his inability or refusal seasonably to do so the employer to be
liable for the reasonable expense incurred by or on behalf of the
employee in providing the same: Provided, however, That the
total liability under this section shall not exceed the sum of one
hundred ($100) dollars in value; except that.the court may, upon
2S0
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
necessity being shown therefor, at any time within one hun
dred ( 100) days after the date of the injury require the employer
to furnish such additional medical, surgical, and hospital treat
ment, and supplies during said period of ninety (90) days as may
be reasonable, which together with any such sums or relief there
tofore furnished shall not exceed in all two hundred dollars
($200) in value.
The pecuniary liability of the employer for the medical, surgical,
and hospital service herein required, and the liability of the em
ployee for any amount in excess thereof shall be limited to such
charges as prevail in the same community for similar treatment of
injured persons of a like standard of living when such treatment
is paid for by the injured persons, and in ail cases of dispute as
to the value of the medical or hospital service rendered an in
jured employee either party may require that the same before
payment shall be approved by the court, after such reasonable
notice to interested parties as the court shall require.
Notice.
S e c . 19. Unless the employer shall have actual knowledge of the
occurrence of the injury, or unless the injured workman, or a
dependent, or some one in behalf of either, shall give notice
thereof to the employer in writing, within fourteen (14) days
after the occurrence of the injury, then no compensation shall be
due until such notice is given or knowledge obtained. If the notice
is given, or knowledge obtained within thirty (30) days from the
occurrence of the injury, no want, failure, or inaccuracy of a no
tice shall be a bar to obtaining compensation, unless the employer
shall show that he was prejudiced by such want, defect, or in
accuracy, and then only to the extent of such prejudice. If the
notice is given, or the knowledge obtained within ninety (90)
days, and if the employee, or other beneficiary, shall show that his
failure to give prior notice was due to his mistake, inadvertence,
ignorance of fact or law, or inability, or to the fraud, misrepre
sentation or deceit of the employer or his agent, then compensation
may be allowed, unless the employer shall show that he was preju
diced by failure to receive such notice, in which case the amount
of compensation shall be reduced by such sum as shall fairly rep
resent the prejudice shown. Unless knowledge be obtained or
notice given, within ninety (90) days after the occurrence of the
injury, no compensation shall be allowed.
S ervice o f n oS e c . 20. The notice referred to in section 1 9 may be served personally upon the employer, or upon any agent of the employer
upon whom a summons may be served in a civil action, or by
sending it by registered mail to the employer at the last known
residence or business place thereof within the State, and shall be
substantially in the following form :
NOTICE.
“ You are hereby notified that an injury was received by (Name)
------------------ , who was in your employ at (P la ce)------------------ ,
while engaged as (kind of work) -------- on or about the — day
o f ------, 19—, and who is now located at (give town, street and
number) -------- that so far as now known, the nature of the
injury w as-------- and that compensation may be claimed therefor,
(S ign ed)-------------------,
(Giving address).
Dated-------- , 19—.”
But no variation from this form shall be material if the notice
is sufficient to advise the employer that a certain employee, by
name, received a specified injury in the course of his employment
on or about a specified time, at or near a certain place specified.
^Limitations Sec. 20a (added by chapter 209, Acts of 1915). The time within
of actions.
which the following acts shall be performed under Part 2 of this
act shall be limited to the following periods respectively:
(1)
Actions or proceedings by an injured employee to determine
or recover compensation one ( 1) year after the occurrence of the
injury.
COMPENSATION LEGISLATION, 1914, 1915— MINNESOTA.
281
(2) Actions or proceedings by dependents to determine or re
cover compensation one year after the date of notice in writing
given by the employer to the department of labor of the State,
stating his willingness to pay compensation when it is shown that
the death is one for which compensation is payable. In case the
deceased was a native of a foreign country and leaves no known
dependent or dependents within the United States, it shall be the
duty of the department of labor to give written notice of said
death to the consul or other representative of said foreign country
forthwith.
(3) Proceedings to obtain judgment in case of default of em
ployer for thirty (30) days to pay any compensation due under
any settlement or determination, one ( 1) year after such default.
(4) In case of physical or mental incapacity, other than minor
ity, of the injured person or his dependents to perform or cause to
be performed any act required within the time in this section
specified, the period of limitation in any such case shall be ex
tended for one year from the date when such incapacity ceases.
Sec. 21 (as amended by chapter 209, Acts of 1915). (1) The in- Medical exjured employee must submit himself to examination by employer’s aginations,
physician, if requested by the employer, and at reasonable times
thereafter upon employer’s request. The employee shall be entitled
upon request to have his own physician present at any such ex
amination. Each party shall defray the cost of his own physician,
(2) In case of dispute as to the injury, the court may, of its
own motion, or upon request of any interested party, appoint a
neutral physician of good standing and ability to make an exami
nation of the injured person, and report his findings to the court.
The expense of such examination shall be borne by the said
parties.
(3) If the injured employee refuses to comply with any reason
able request for examination, his right to compensation shall be
suspended and no compensation shall be paid while he continues in
such refusal.
(4) In all death claims where the cause of death is obscure or
disputed, any interested party may require an autopsy; the cost of
such autopsy shall be borne by the party demanding the same.
(5) Any physician whose services are furnished or paid for by
the employer who treats, or who makes or is present at any exami
nation, of an injured employee, may be required to testify as to
any knowledge acquired by him in the course of such treatment
or examination, relative to the injury or the disability resulting
therefrom.
S e c . 22 (as amended by chapter 209, Acts of 1915). (1) The inSettlements,
terested parties shall have the right to settle all matters of com
pensation between themselves. But all settlements shall be sub
stantially in accordance with the provisions of sections 13 and 14
of this act, and shall be approved by a judge of the district court.
When so approved such settlements shall be filed with the clerk of
the district court, and in case of default by the employer in the
payment of any compensation determined or agreed upon and the
continuation of such default for the period of thirty (30) days
after payment is due and payable, the employee may upon five (5)
days’ notice in writing to the employer of his intention to apply
to the court for judgment, cause judgment to be entered on such
settlement or determination for all compensation due and payable
and unpaid; and such judgment shall have the same force and
effect and may be satisfied as other judgments of the same court.
There shall be but one fee of twenty-five cents (25c.) charged by
said clerk for services in each case under this subsection and said
fee shall cover all services performed by him.
(2) In case of a dispute over, or failure to agree upon a claim
t0
for compensation between employer and employee, or the depend? conrtents of the employee, either party may submit the claim, both as
to questions of fact, the nature and effect, of the injuries, and the
amount of compensation therefor according to the schedule herein
provided, to the judge of the district court of the county which
232
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
would have jurisdiction in a civil case, or, where there is more
than one judge of said court, then to either or any of said judges
of such court; which judge is hereby authorized to hear and deter
mine such disputes in a summary manner, and his decision as to
all questions of fact shall be conclusive and binding, subject to the
right of appeal as hereinafter provided.
Nonresident Sec. 2 3 (as amended by chapter 20 9, Acts of 1 9 1 5 ). In case a
aliens.
deceased employee, for whose injury or death compensation is pay
able, leaves surviving him an alien dependent or dependents resid
ing outside of the United States, the said judge shall direct pay
ment of all compensation due to the deceased or to his dependents
to be made to the duly accredited consular officer of the country
of which the beneficiaries are citizens, if such consular officer
reside within the State of Minnesota, or, if not, to his designated
representative residing within the State, and such consular officer
or his representative shall be the sole representative of such de
ceased employee and of such dependents to settle all claims for
compensation and to receive for distribution to the persons entitled
thereto all compensation arising hereunder. The distribution of
said funds to be made only on order of the district court. Such
consular officer or his representative shall furnish, if required by
the district court, a good and sufficient bond satisfactory to the
court, conditioned upon the proper application of the moneys re
ceived by him. Before such bond is discharged such consular
officer or representative shall file with the court a verified account
of the items of his receipts and disbursements of such compen
sation.
Such consular officer or his representative shall before receiving
the first payment of such compensation, and at reasonable times
thereafter, upon request of the employer, furnish to the employer
a sworn statement containing a list of the dependents, with the
name, age, residence, extent of dependency, and relationship to the
deceased of each dependent.
Record of
Sec. 24. Copies of all settlements and releases shall be filed by
settlements.
the employer with the labor commissioner within ten ( 10) days
after such settlements are made, and shall become part of the
permanent records of that department.
Commission- gEC# 24a (as amended by chapter 20 9, Acts of 1 9 1 5 ). The com
er or labor.
missioner of labor and the officers and employees of the department
of labor and industries, upon demand of an employer or an em
ployee or his dependent, shall advise such party or parties of his
or their rights under this act, and shall assist, so far as possible,
in adjusting differences between the employee or his dependent
and the employer under Part 2 hereof, and are hereby empowered
to appear in person before the court in any proceeding under
Part 2 of this act as the representative or adviser of any such
party; and in any such case such party shall not be required to
be also represented by an attorney at law. The commissioner of
labor shall observe in detail the operation of the act throughout
tlie State and shall make report thereof to each session of the
legislature, together with such suggestions and recommendations
as to changes as he may deem necessary or advisable for the im
provement thereof.
Lum p sums.
S e c . 2 5 (as amended by chapter 2 0 9, Acts of 1 9 1 5 ). The amounts
of compensation payable periodically hereunder, either by agree
ment of the parties, so approved by the court, or by decision of
the court, may be commuted to one or more lump-sum payments,
except compensation due for death or permanent total disability,
or for permanent partial disability resulting from total loss of
hearing or from the loss of an arm or a hand or a foot or a leg
or an eye or of more than one such member. These may be com
muted only with the consent of the district court.
In making such commutation the lump-sum payments shall, in
the aggregate, amount to a sum equal to the present value of all
future installments of compensation calculated on a six per cent
basis.
COMPENSATION LEGISLATION,
1914, 1915--- MINNESOTA.
233
S e c . 26. All settlements of compensation by agreement of the
what settleparties, and all awards of compensation made by the court, where ments final,
the amount paid or to be paid in settlement or by award, does not
exceed the compensation for six months’ disability, shall be final
and not subject to readjustment
S e c . 27. All amounts paid by employer and received by the emReviews,
ployee or his dependents, by lump-sum payment, shall be final; but
the amount of any award payable periodically for more than six
( 6) months may be modified as follows:
(a) At any time by agreement of the parties and approved by
the court
(b) If the parties can not agree, then at any time after six ( 6)
months from the date of the award an application may be made
to the court by either party on the ground of increase or decrease
of incapacity due solely to the injury. In such case the same
procedure shall be followed as in section 30 in case of disputed
claim for compensation.
S e c . 28. At any time after the amount of any award has been
Paym ents to
agreed upon by the parties, or found and ordered by the court, a trustees,
sum equal to the present value of all future installments of com
pensation calculated on a six per cent basis, may (where death
or the nature of the injury renders the amount of future payments
certain) by leave of court, be paid by the employer to any savings
bank or trust company of this State to be approved and designated
by the court, and such sum, together with all interest thereon,
shall, thereafter be held in trust for the employee or the depend
ents of the employee, who shall have no further recourse against
the employer. The payment of such sum by the employer, evi
denced by the receipts in duplicate of the trustee one of which
shall be filed with the labor commissioner, and the other filed with
the clerk of the district court, shall operate as a satisfaction of
said award as to the employer. Payments from said fund shall
be made by the trustee in the same amounts and at the same time
as are herein required of the employer until said fund and inter
est shall be exhausted. In the appointment of the trustee, prefer
ence shall be given, in the discretion of the court, to the choice of
the injured employee or the dependents of the deceased employee,
as the case may be.
S e c . 29 . The right to compensation and all compensation awarded C o m p c n s a any injured employee or for death claims to his dependents, shall preferre2mentS
have the same preference against the assets of the employer as
other unpaid wages for labor; but such compensation shall not
become a lien on the property of third persons by reason of such
preference.
Claims for compensation owned by an injured employee or his
dependents, shall not be assignable and shall be exempt from
seizure or sale for the payment of any debt or liability.
S e c . 3 0 (as amended by chapter 209, Acts of 1 9 1 5 ). Procedure
Disputes,
in case of dispute shall be as follows: Either party may present a
verified complaint to said judge setting forth the names and resi
dences of the parties and the facts relating to employment at the
time of injury, the injury in its extent and character, the amount
of wages being received at the time of injury, the knowledge of
the employer or notice of the occurrence of said injury, and such
other facts as may be necessary and proper for the information of
the said judge, and shall state the matter or matters in dispute
and the contention of the petitioner with reference thereto.
• Upon the presentation of such complaint it shall be filed with
the clerk of the district court of the proper county, and the judge
shall fix by order a time and place for the hearing thereof, not
less than three (3) weeks after the date of the filing of said com
plaint. A copy of said complaint and order shall be served as
summons in a civil action upon the adverse party within four (4)
days after filing the complaint. Within seven (7) days after the
service of such complaint the adverse party may file and serve a
verified answer to said complaint, which shall admit or deny the
substantial averments of the complaints, and shall state the con-
234
BULLETIN
OF THE BTJJKEAU OF LABOR STATISTICS.
tention of the defendant with reference to tlie matter in dispute
as disclosed by the complaint. Within five (5) days after the
service of the answer the complainant may file and serve a verified
reply admitting or denying the matters set forth in the answer.
At the time fixed for hearing, or any adjournment thereof, the
said judge shall hear such witnesses as may be presented by each
party, and in a summary manner decide the merits of the con
troversy. This determination shall be filed in writing with the
clerk of the said court, and judgment shall be entered thereon in
the same manner as in causes tried in the said district court, and
shall contain a statement of facts as determined by said judge.
Subsequent proceedings thereon shall only be for the recovery of
moneys thereby determined to be due: Provided, That nothing
herein contained shall be construed as limiting the jurisdiction of
the supreme court to review questions of law by certiorari. Costs
may be awarded by said judge in his discretion, and when so
awarded the same costs shall be allowed, taxed, and collected as
are allowed, taxed, and collected for like services and proceedings
in civil cases: Provided, That if it shall appear that the employer,
prior to the commencement of the action, made to the person or
persons entitled thereto a written offer of compensation in specific
terms, which terms were in accordance with the provisions of
this act, then no costs shall be awarded or taxed against such em
ployer. Whenever any decision or order is made and filed by
the judge upon any matter arising under Part 2 of this act, the
clerk of the court shall forthwith make and forward to the com
missioner of labor a certified copy of said decision or order with
any memorandum of the judge and of any judgment entered. No
fee or other charge shall be collected therefor.
Prior inju- Sec. 31. Every right of action for death by wrongful act or for
ries*
injury by negligence accruing to an injured employee prior to the
taking effect of this act is continued and preserved under the
^ existing law.
risksSUranCe
Sec. 31a (as amended by chapter 209, Acts of 1915). Any em
ployer who is responsible for compensation as provided under Part
2 of this act may insure the risk in any manner then authorized
by law; but those writing such insurance shall in every case be
subject to the conditions in this section hereinafter named.
If the risk of the employer is carried by any insurer doing busi
ness for profit, or by any insurance association or corporation
formed of employers, or of employers and workmen, to insure the
risks under Part 2 of this act, operating by the mutual assessment
or other plan or otherwise, then, in so far as policies are issued
on siK'lt risks, they shall provide for compensation for injuries
or death according to the full benefits of Part 2 of this act; but
nothing herein contained shall prevent an employer from insuring
only a particular class or classes of employees or of risks.
Such policies shall contain a clause to the effect that as between
the workman and the insurer that notice to and knowledge by the
employer of the occurrence of the injury shall be deemed notice
and knowledge on the part of the insurer; that jurisdiction of
the employer for arbitration or other purposes shall be jurisdic
tion of the insurer, and that the insurer will in all things be
bound by and subject to the awards rendered against such em
ployer upon the risks so insured.
Provisions of Such policies must provide that the workman shall have an
policies.
equitable lien upon any amount which shall become owing on
account of such policy to the employer from the insurer, and in
case of the legal incapacity or inability of the employer to receive
the said amount and pay it over to the workman or dependents,
the said insurer will pay the same direct to said workmen or de
pendents, thereby discharging all obligations under the policy to the
employer and all of the obligations of the employer and insurer to
the •workman; but such policies shall contain no provisions reliev
ing the insurance company from payment when the employer be
comes insolvent or discharged in bankruptcy or otherwise, during
the period the policy is in force, if the compensation remains
owing.
COMPENSATION LEGISLATION, 1914, 1915— MINNESOTA.
235
The insurer must be one authorized by law to conduct such bust- Insurance
ness in the State of Minnesota, and authority is hereby granted carriers*
to all insurance companies writing such insurance to include in
their policies in addition to the requirements now provided by
law the additional requirements, terms, and conditions in this
section provided.
No agreement by an employee to pay to an employer any por- Contribu
tion of the cost of insuring his risk under this act shall be valid; benefits?
but it shall be lawful for the employer and the workman to agree
to carry the risks covered by Part 2 of this act in conjunction with
other and greater risks, and providing other and greater benefits,
such as additional compensation, accident, sickness, or old-age
insurance or benefits, and the fact that such plan involves a con
tribution by the workman shall not prevent its validity if such
plan has been approved in writing by the commissioner of labor.
Any employer who shall make any charge or deduction prohibited
by this section shall be guilty of a misdemeanor.
If the employer shall insure to his employees the payment of Direct liabilthe compensations provided by Part 2 of this act in a corporationity*
or association authorized to do business in the State of Minnesota
and approved by the insurance commissioner of the State of
Minnesota, and if the employer shall post a notice or notices in a
conspicuous place or in conspicuous places about his place of em
ployment, stating that he is so insured and stating by whom in
sured, and if the employer shall further file copy of such notice
with the labor commissioner of the State of Minnesota, then and
in such case any suits or actions brought by an injured employee
or his dependents shall be brought directly against the insurer,
and the employer or insured shall be released from any further
liability: Provided, That in case of insolvency or bankruptcy of
such insurance company the employer shall not be released from
liability under the provisions of this act.
The return of any execution upon any judgment of an employee
against any such insurance company unsatisfied in whole or in
part shall be conclusive evidence of the insolvency of such insur
ance company, and in case of the adjudication of bankruptcy or in
solvency of any such insurance company by any court of competent
jurisdiction, proceedings may be brought by the employee against
the employer in the first instance or against such employer and
insurance company jointly or severally or in any pending proceed
ing against any insurance company, the employer may be joined
at any time after such adjudication.
Sec. 32. (1) Any person who creates or carries into operation Avoiding reany fraudulent scheme, artifice or device to enable him to execute I^Soyer **
work without himself being responsible to the workman for the
provisions of this act, shall himself be included in the term “ em
ployer,” and be subject to all the liabilities of employers under
this act. But this section shall not be construed to cover or mean
an owner who lets a contract to a contractor in good faith, nor a
contractor who, in good faith, lets to a subcontractor a portion
of his contract: Provided, however, That no person shall be deemed
a contractor or subcontractor, so as to make him liable to pay
compensation within the meaning of this section, who performs his
work upon the employer’s premises and with the employer’s tools
or appliances and under the employer’s direction; nor one who
does what is commonly known as “ piecework,” or in any way
where the system of employment used merely provides a method of
fixing the workman’s wages.
(2) Where compensation is claimed from, or proceedings taken Basi s for
against a person under subdivision one of this section, the compen- compensation,
sation shall be calculated with reference to the wage the workman
was receiving from the person by whom he was immediately em
ployed at the time of the injury.
(3) The employer shall not be liable or required to pay com- i n j u r i e s
pensation for injuries due to the acts or omissions of third p e r - caused by third
sons not at the time in the service of the employer, nor engaged persons*
in the work in which the injury occurs, except ,as provided in sec
tion 33, or under the conditions set forth in section 34(i).
236*
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Alternative
proceedings.
Sec. 33. (1) Where an injury or death for which compensation
payable under Part 2 of this act is caused under circumstances
also creating a legal liability for damages on the part of any
party other than the employer, such party also being subject to
the provisions of Part 2 of this act, the employee in case of in
jury or his dependents in case of death, may, at his or their option,
proceed either at law against such party to recover damages, or
against the employer for compensation under Part 2 of this act,
but not against both.
If the employee in case of injury, or his dependents in case of
death, shall bring an action for the recovery of damages against
such party other than the employer, the amount thereof, manner
in which and the persons to whom the same are payable, shall be
as provided for in Part 2 of this act and not otherwise: Provided,
That in no case shall such party be liable to any person other than
the employee or his dependents for any damages growing out of
or resulting from such injury or death,
of employer ° n
the employee or his dependents shall, elect to receive com
pensation from the employer, then the latter shall be subrogated
to the right of the employee or his dependents to recover against
such other party, and may bring legal proceedings against such
party and recover the aggregate amount of compensation payable
by him to such employee, or his dependents hereunder, together
with the costs and disbursements of such action and reasonable
attorney’s fees expended by him therein.
thfrditDerlonsSt (2) Where the injury or death for which compensation is payp
* able under Part 2 of this act was caused under circumstances also
creating a legal liability for damages on the part of any party
other than the employer, such party not being subject to the pro
visions of Part 2 of this act, legal proceedings may be taken by
the employee or dependents against such other party to recover
damages, notwithstanding the payment by the employer, or his
liability to pay compensation hereunder. But in such case, if the
action against such other party is brought by the injured employee
or in case of his death by his dependents, and judgment is ob
tained and paid, or settlement is made with such other party,
either with or without suit, the employer shall be entitled to de
duct from the compensation payable by him, the amount actually
received by such employee or dependents: Provided, That if the
injured employee or in case of his death his dependents shall agree
to receive compensation from the employer or shall institute pro
ceedings to recover the same, or accept from the employer any
payment on account of such compensation, such employer shall be
subrogated to all the rights of such employee or dependents and
may maintain, or in case an action has already been instituted,
may continue the action either in the name of the employee or
dependents, or in his own name against such other party for the
recovery of damages, but such employer shall nevertheless pay
over to the injured employee or dependents all sums collected from
such other party by judgment or otherwise in excess of the amount
of such compensation payable by the employer under Part 2 o f
this act, and costs, attorney’s fees, and reasonable expenses in
curred by such employer in making such collection or enforcing
such liability: Provided, That in no case shall such party be liable
to any person other than the employee or his dependents for any
damages growing out of or resulting from such injury or death.
Definitions.
gEa 34 (as amended by chapter 209, Acts of 1915). Throughout
this act the following words and phrases as used therein shall be
considered to have the following meaning respectively, unless the
context shall clearly indicate a different meaning in the connection
used.
(a)
The word “compensation” has been used both in Part 1
and Part 2 of this act to indicate the money benefit to be paid on
account of injury or death. Strictly speaking, the benefit which
au employee may receive by action at law under Part 1 of this
act is damages, ami this is indicated in section 1. To avoid con
fusion, the word “ compensation ” has been used in both parts of
COMPENSATION LEGISLATION, 1914, 1915— MINNESOTA.
the act, but it should be understood that under Part 1 the com
pensation by way of damages is determined by an action at law.
(b) “ Child” or “ children” shall include posthumous children
and all other children entitled by law to inherit as children of the
deceased, also stepchildren who were members of the family of
the deceased at the time of his injury and dependent upon him
for support.
(c) A dependent child or orphan shall be considered to mean an
unmarried child under the age of eighteen years or one over that
age, who is physically or mentally incapacitated from earning.
(d) The term “ employer” as used herein shall mean every
person not excluded by section 8, who employs another to perform
a service for hire, and to whom the “ employer” directly pays
wages, and shall include any person or corporation, copartnership,
or association or group thereof, and shall include county, village,
town, city, school district, and other public employers, except the
State.
(e) The term “ physician” shall include “ surgeon,” and in
either case shall mean one authorized by law to practice his
profession within one of the United States and in good standing
in his profession at the time.
(f) The term “ workman” shall include the plural and all ages
and both sexes.
(g) The terms “ employee” and “ workman” are used inter
changeably and have the same meaning throughout this act, and
shall be construed to mean:
(1) Every person in the service of a county, city, town, village
or school district therein, under any appointment or contract of
hire, express or implied, oral or written; but shall not include
any official of any county, city, town, village or school district
therein, who shall have been elected or appointed for a regular
term of office, or to complete the unexpired portion of any regular
term.
(2) Every person, not excluded by section 8, in the service of
another under any contract of hire, express or implied, oral or
written, including aliens and also including minors who are legally
permitted to work under the laws of the State.
(h) The word “ accident” as used in the phrases “ personal in
juries due to accident ” or “ injuries or death caused by accident ’*
in this act shall, unless a different meaning is clearly indicated by
the context, be construed to mean an unexpected or unforeseen
event, happening suddenly and violently, with or without human
fault and producing at the time, injury to the physical structure
of the body.
(i) Personal injuries, etc.—Without otherwise affecting either
the meaning or interpretation of the abridged clause, “ personal
injuries arising out of and in the course of employment,” it is
hereby declared:
Not to cover workmen except while engaged in, on, or about the
premises where their services are being performed, or where their
service requires their presence as a part of such service at the time
of the injury, and during the hours of service as such workmen,
and shall not include an injury caused by the act of a third person
or fellow employee intended to injure the employee because of
reasons personal to him, and not directed against him as an emr
ployee, or because of his employment.
(j) Wherever in this act the singular is used, the plural shall
be included; where the masculine gender is used, the feminine
and neuter shall be included.
(k) Amputations.—Amputations between the elbow and the
wrist shall be considered as the equivalent of the loss of a hand,
and amputation between the knee and the ankle shall be con
sidered as the equivalent of the loss of a foot.
(1) The labor commissioner, referred to in this act, shall denote
the commissioner of labor of the State of Minnesota.
(m) “ The court ” as used herein shall mean the district court
which would have jurisdiction in an ordinary civil case involving
237
238
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
a claim for the injuries or death in question, and “ the judge ”
shall mean a judge of said court.
Questions of
(n) As to constitutionality.—In case for any reason any paraconstitution- graph 0r any orovision of this act shall be questioned in any
y*
court of last resort and shall be held by such court to be uncon
stitutional or invalid, the same shall not be held to affect any
other paragraph or provision of this act, except that parts 1 and 2
are hereby declared to be inseparable, and if either part be de
clared void or inoperative in an essential part, so that the whole
of such part must fall, the other part shall fall with it and not
stand alone. Part 1 of this act shall not apply in cases where
Part 2 becomes operative in accordance with the provisions
thereof, but shall apply in all other cases, and in such cases shall
be in extension or modification of the common law.
MONTANA.
ACTS OF 1915.
C hapter
96.—Compensation of workmen for injuries—Provision*
for safety.
P art I.
GENERAL PROVISIONS.
S e c t i o n 1. (a) This act shall be known and may be cited as
Citation of
the workmen’s compensation act. Part I shall contain those sec- act.
tions which have a general application to the whole of the act
and may be referred to as the “ general provisions ” ; Part II shall
contain those sections which refer to compensation plan number
one; Part III shall contain those sections which refer to com- Parts,
pensation plan number two; Part IV shall contain those sections
which refer to compensation plan number three; Part V shall
contain those sections which may be referred to as the “ safety
provisions.”
(b) Whenever compensation plan number one, two, or three, or
the safety provisions of this act shall be referred to, such refer
ence shall also be held to include ail other sections which are
applicable to the subject matter of such reference.
(c) The ‘‘ compensation provisions” of this act, whenever re
ferred to, shall be held to include the provisions of compensation
plans number one, two, or three, and all other sections of this
act applicable to the same or any part thereof.
S e c . 2. (a) There is hereby created a board to consist of
I n d u s tr ia l
three members. The commissioner of labor and industry shall be accident board,
one member, the State auditor shall be one member, and one mem
ber shall be appointed by the governor, which board shall be
known as the industrial accident board, and shall have the powers,
duties, and functions hereinafter conferred. The term of office
of the appointed member of the board shall be for four years and
until his successor shall have been appointed and qualified. He
shall receive an annual salary of four thousand dollars, payable
monthly, and shall be the chairman of the board. The board shall
elect one of their number as treasurer of the board.
(b) A vacancy in the office of the appointed member of the
board shall be filled in the same manner as the original appoint
ment, but shall only be for the unexpired term of such vacancy*
The appointed member shall not be removed except for cause, and
after a hearing had before and a finding made by the remaining
members of the board, and both of the remaining members of the
board must concur in the removal of the appointed member.
(c) Each member shall, upon entering upon the duties of his
office, execute to the State of Montana and file with the secretary
of state a bond in the sum herein prescribed, executed by not leas
than four responsible sureties or by some surety company au
thorized to become sole surety on bonds in the State of Montana,
such bonds to be approved by the governor, and conditioned that
he will faithfully and impartially discharge the duties of his office.
Such bonds shall be in addition to any other bonds required by
law to be furnished.
(d) The bond of the treasurer of the board shall be in a sum
to be fixed by the governor, not less than twenty-five thousand dol
lars ($25,000) nor more than one hundred thousand dollars
($100,000). The bonds of the members of the board other than
the treasurer shall be in the sum of ten thousand dollars ($10,000).
240
BULLETIN OF THE
BUREAU
OF LABOR STATISTICS.
(e) Neither the commissioner of labor and industry nor the
State auditor shall receive any additional compensation for the
duties imposed upon them by this act.
(f) A majority of the board shall constitute a quorum for the
transaction of any business. A vacancy on the board shall not
impair the right of the remaining members to perform all of the
duties and exercise all the powers and authority of the board.
The act of the majority of the board when in session as a board
shall be deemed to be the act of the board, but any investigation,
inquiry, or hearing which the board has power to undertake or
to hold may be undertaken or held by or before any member
thereof or any examiner or referee appointed by the board for
that purpose. Every finding, order, decision, or award made by
any commissioner, examiner, or referee pursuant to such investi
gation, inquiry, or hearing, when approved and confirmed by the
board and ordered filed in its office, shall be deemed to be the
finding, order, decision, or award of the board.
(g) The board shall have a seal bearing the following inscrip
tion : “ Industrial Accident Board, State of Montana, Seal.” The
seal shall be affixed to all writs and authentications of copies of
records, and to such other instruments as the board shall direct.
All courts shall take judicial notice of said seal.
(h) The board shall keep its principal office in the capital of
the State, and shall be provided with suitable rooms, necessary
office furniture, stationery, and other supplies. For the purpose
oi* holding sessions in other places, the board shall have power to
rent temporary quarters.
(i) The board shall appoint a secretary, who shall hold office
at the pleasure of the board. It shall be the duty of the secretary
to keep a full and true record of all the proceedings of the board,
to issue ail necessary processes, writs, warrants, and notices
which the board is required or authorized to issue, and generally
to perform such other duties as the board may prescribe.
(j) The board shall employ such assistants and other employees
as it may deem necessary to carry out the provisions of this act.
(k) All officers and employees of the board shall receive such
compensation for their services as may be fixed by the board, shall
hold office at the pleasure of the board, shall perform such duties
as are imposed on them by law or by the board.
( 1) The salaries of members of the board, secretary, and every
other person holding office or employment under the board, as
fixed by law or by the board, shall be paid monthly, after being
approved by the board upon claims therefor, to be audited and
approved by the State board of examiners.
(m) All expenses incurred by the board pursuant to the provi
sions of this act, including the actual and necessary traveling
and other expenses and disbursements of the members thereof, its
officers, and employees incurred while on business of the board,
either within or without the State, shall, unless otherwise pro
vided in this act, be paid from the industrial administration fund,
after being approved by the board upon claims therefor, to be
audited and approved by the State board of examiners.
(n) The board shall cause to be printed such blank forms as it
shall deem requisite to facilitate or promote the efficient adminis
tration of this act. It shall provide a book in which shall be
entered the minutes of all its proceedings, a book of record in
which shall be recorded all awards made by the board, and such
other books or records as it shall deem requisite for the purpose
and efficient administration of this act. All such records are to
be kept in the office of the board.
(o)
The board shall have the power and authority to publish
and distribute, at its discretion, from time to time, in addition to
its annual report, such further reports and bulletins covering
its operations, proceedings, and matters relative to its work as it
may deem advisable.
(p) The board shall have power and authority to charge and
collect the following fees:
COMPENSATION LEGISLATION, 1914, 1915— MONTANA.
241
1. For copies of papers and records not required to be certified
or otherwise authenticated by the board, 15 cents for each folio;
for certified copies of official documents and orders filed in its
office or of the evidence taken at any hearing, 20 cents for each
folio.
2. To fix and collect reasonable charges for publications issued
under its authority.
3. The fees charged and collected under this section shall be
paid monthly into the treasury of the State to the credit of the
industrial administration fund, and shall be accompanied by a
detailed statement thereof.
(q) The attorney general shall be the legal adviser of the board
and shall represent it in all proceedings whenever so requested by
the board or any member thereof.
Sec. 3. (a) In an action to recover damages for personal inab^
juries sustained by an employee in the course of his employment,
or for death resulting from personal injuries so sustained, it shall
not be a defense ( 1) that the employee was negligent, unless such
negligence was willful; (2) that the injury was caused by the
negligence of a fellow employee; (3) that the employee had as
sumed the risks inherent in, incident to, or arising out of his em
ployment; or arising from the failure of the employer to provide
and maintain a reasonably safe place to work or reasonably safe
tools or appliances.
(b) The provisions of section 3 (a) shall not apply to actions Exceptions,
to recover damages for personal injuries sustained by household
or domestic servants, farm or other laborers engaged in agri
cultural pursuits, or persons whose employment is of a casual
nature.
(c) Any employer who elects to pay compensation as provided E m p lo y e r s
in this act shall not be subject to the provisions of section 3 (a ),accepting act
nor shall such employer be subject to any other liability whatso
ever for the death of or personal injury to any employee except
as in this act provided; and, except as specifically provided in
this act, ail causes of action, actions at law, suits in equity, and
proceedings whatever, and all statutory and common-law rights
and remedies for, and on account of such death of or personal in
jury to any such employee are hereby abolished: Provided, That
section 3 (a) shall not apply to actions brought by an employee
who has elected not to come under this act, or by his representa
tives, for damages for personal injuries or death against an em
ployer who has elected to come under this act.
(d) Where both the employer and employee have elected to Act exclusive
come under this act, the provisions of this act shall be exclusive,remedy when*
and such election shall be held to be a surrender by such employer
and such employee of their right to any other method, form, or
kind of compensation, or determination thereof, or to any other
compensation, or kind of determination thereof, or cause of ac
tion, action at law, suit in equity, or statutory or common law,
right, or remedy, or proceeding whatever, for, or on account of,
any personal injury to or death of such employee, except as such
rights may be hereinafter specifically granted; and such election
shall bind the employee himself and in case of death shall bind his
personal representative and all persons having any right or claim
to compensation for his injury or death, as well as the employer,
and those conducting his business during liquidation, bankruptcy,
or insolvency.
(e) Where a public corporation is the employer, or any con- Public cm tractor engaged in the performance of contract work for such payments,
public corporation, the terms, conditions, and provisions of com
pensation plan number three shall be exclusive, compulsory, and
obligatory upon both employer and employee. Any sums necessary
to be paid under the provisions of this act by any public corpo
ration shall be considered to be ordinary and necessary expenses
of such corporation, and the governing body of such public cor7044°—Bull. 185—15----- 16
242
BULLETIN 0 ¥ THE BUREAU OE LABOR STATISTICS.
poration shall make appropriation of and pay such sums into the
accident or administration fund, as the case may be, at the time
and in the manner provided for in this act, notwithstanding that
such governing body may have failed to anticipate such ordinary
and necessary expense in any budget, estimate of expenses, appro
priation, ordinance, or otherwise.
(f) Every employer engaged in the industries, works, oecupap y
tions, or employments in this act specified as “ hazardous ” may
on or before the 1st day of July, 1915, if such employer be then
engaged in such hazardous industry, work, occupation, or em
ployment or at any time thereafter, or, if such employer be not
so engaged on said date, may on or after thirty days before enterby
upon such hazardous work, occupation, or employment, or at
employers,
any time thereafter, elect whether he will be bound by either
of the compensation plans mentioned in this act. Such election
shall be in the form prescribed by the board, and shall state
whether such employer shall be bound by compensation plan num
ber one or compensation plan number two or compensation plan
number three, and a notice of such election, with the nature
thereof, shall be posted in a conspicuous place in the place of
business of such employer, and a copy of such notice, together
with an affidavit of such posting, shall be filed with the board.
By employees, (g) Every employee in the industries, works, occupations, or
employments in this act specified as “ hazardous” shall become
subject to and be bound by the provisions of that plan of compen
sation which shall have been adopted by his employer, unless such
employee shall elect not to be bound by any of the compensation
provisions of this act and until such employee shall have made
such election. Such election shall be made by written notice in
the form prescribed by the board, served upon the employer, and
a copy filed with the board, together with the proof of such
service.
Presumption (h) If the employer shall fail to make the election herein pro
election. n°n vided for at the time and in the manner herein prescribed such
employer shall be presumed to have elected not to be bound by
the provisions of either compensation plan number one or com
pensation plan number two or compensation plan number three
for that fiscal year, unless such employer shall elect to become
subject to or l>ound by this act in the manner provided for such
election in the first instance. After having once elected to be
bound by one or the other of the compensation plans provided in
this act, such employer shall be bound by such election for said
first fiscal year and each succeeding fiscal year, unless such em
ployer shall, not less than thirty or more than sixty days prior
to the end of any fiscal year, elect not to be bound by either of
such compensation plans, after the expiration of said fiscal year
or unless he shall elect to be bound for the succeeding fiscal year
by a different compensation plan than the one by which he is then
governed. Such election must be made in the manner provided for
in reference to the first election of such employer under this act.
Action to be (i) It is the intention o f this act that any employer engaged in
affirmative.
hazardous occupations as defined herein shall, before being bound
by either o f the compensation plans herein provided, elect to be so
bound thereby, and that the employee shall be presumed to have
elected to be the subject to and bound by the provisions o f the
particular plan which may have been adopted by his employer,
unless such employee shall affirmatively elect not to be bound by
this act.
Revocations,
(j) Any employee who has elected not to be bound by the pro
visions of this act in the manner herein provided may revoke such
election and elect to come thereunder at any time. Any employer
who has failed to elect to be bound by either one or the other of
the compensation plans herein mentioned may, at any time during
any fiscal year, elect to be bound thereby, which said election shall
be made as hereinbefore provided; but whenever any employer or
employee shall have elected to come under the provisions hereof,
such election, when it shall have been made, shall bind such em
ployer and employee for the rest of the then fiscal year.
COMPENSATION LEGISLATION, 1914, 1915— MONTANA.
248
(k) No compensation shall be paid to any employee, whether Employee of
such employee has elected to come under this act or not, where empfoyer
his employer has failed to elect and has failed to come under one
or the other of the compensation plans herein provided.
Sec. 4. (a) This act is intended to apply to all inherently. W hat are
hazardous works and occupations within this State, and it is the 5fovminte. em"
intention to embrace all thereof in sections 4 (b), 4 (c), 4 (d ),
and 4 (e), and the works and occupations enumerated in said
sections are hereby declared to be hazardous.
(b) Construction work.—Tunnels, bridges, trestles, subaqueous
works, ditches and canals (other than irrigation without blasting),
dock excavations, fire escapes, sewers, house moving, house wreck
ing, iron or steel frame structures or parts of structures, electric
light or power plants or systems, telegraph or telephone systems,
pile driving; steam railroads, steeples, towers, or grain elevators
not metal framed; dry docks, without excavation; jetties, break
waters, chimneys, marine railways, waterworks or water systems;
electric railways, cable railways, street railways, with or without
rock work or blasting; erecting fireproof doors or shutters; steam
heating plants; blasting; tanks, water towers, or windmills, not
metal framed; shaft sinking; concrete buildings; freight or pas
senger elevators; fireproofing of buildings; galvanized iron or
tin work; gas works or systems; marble, stone, or brick work;
road making, with or without blasting; roof work; safe mov
ing; slate work; plumbing work, inside or outside; metal
smokestacks or chimneys; excavations not otherwise specified;
blast furnaces; street or other grading; advertising signs; orna
mental work on buildings; ship or boat building or rigging, with
or without scaffolding; carpenter work not otherwise specified;
installation of steam boilers or engines; placing wires in conduits;
installing dynamos; putting up belts for machinery; marble,
mantel, stone, or tile setting; metal ceiling work; mill or ship
wrighting; painting of buildings or structures; installation of
automatic sprinklers; concrete laying in floors, foundations, or
street paving; asphalt laying; covering steam pipes or boilers;
installation of machinery not otherwise specified; drilling wells;
installing electrical apparatus or fire-alarm apparatus in build
ings; house heating or ventilating systems; glass setting; build
ing hothouses; lathing, paper hanging, plastering, wooden-stair
building.
(c) Operation (including repair work) of logging, cable, elec
tric, street, steam, or other railroads; dredges; interurban electric
railroads using third-rail systems; electric light or power plants;
quarries; telegraph systems; stone crushers; blast furnaces;
smelters; coal mines; gas works; steamboats; tugs and ferries;
mines other than coal; steam heating or power plants; grain
elevators; laundries; waterworks; paper mills; pulp mills; gar
bage and fertilizer works.
(d) Factories using power-driving machinery.—Stamping tin
metal; bridge work; railroad, car, or locomotive making or re
pairing; cooperage; logging, with or without machinery; saw
mills ; shingle mills, staves, veneer, box, lath, packing cases, sash,
doors, blinds, barrel, keg, pail, basket, tub, woodenware, or
wooden fiber ware; rolling mills; making steam shovels or
dredges; tanks; water towers; asphalt; building material not
otherwise specified; fertilizer; cement, stone with or without ma
chinery; kindling wood, masts or spars, with or without ma
chinery ; canneries; metal stamping; creosoting works; excelsior;
iron, steel, copper, zinc, brass, or lead articles or wares, not other
wise specified; working in wood not otherwise specified; hard
ware; tile, brick, terra cotta, fire clay, pottery, earthenware, por
celain ware; peat fuel; briquettes; breweries; bottling works;
boiler works; foundries; machine shops not otherwise specified;
cordage; working in foodstuffs, including oils, fruits, and vege
tables; working in wool, cloth, leather, paper, broom, brush, rub
ber, or textiles not otherwise specified; making jewelry; making
<244
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
soap, tallow, lard, grease, condensed milk; creameries; printing,
electrotyping, photo-engraving, engraving, and lithographing;
sugar factories.
(e)
Miscellaneous work.—Operating stockyards, with or with
out railroad entry; packing houses; wharf operations; artificial
ice and refrigerating or cold-storage plants; tanneries; electric
systems not otherwise specified; theater stage employees, includ
ing moving-picture machine operators; fireworks manufacturing,
powder works.
Employments Sec. 5. If there be or arise any hazardous occupation or work
not enum er- other than hereinbefore enumerated it shall become under this act
*ted*
and its terms, conditions, and provisions as fully and completely
as if hereinbefore enumerated.
Definitions.
Sec. 6. Unless the context otherwise required, words and phrases
employed in this act shall have the meaning hereinafter defined.
(a) “ Factories” means undertakings in which the business of
working at commodities is carried on with power-driven ma
chinery, whether in manufacture, repair, or change, and shall in
clude the premises, yards, and plant of the concern.
(b) “ Workshop” means any plant, yard, premises, room, or
place where power-driven machinery is employed and manual
labor is exercised by way of trade or gain or otherwise in or in
cidental to the process of making, altering, repairing, printing, or
ornamenting, finishing, or adapting for sale or otherwise any
article or part of article, machinery, or thing over which premises,
room, or place the employer of the person working therein has
the right of access or control.
(c) “ M ill” means any plant, premises, room, or place where
machinery is used; any process o f machinery, changing, altering,
or repairing any article or Commodity for sale or otherwise, to
gether with the yards and premises which are a part o f the plant,
including elevators, warehouses, and bunkers.
(d) “ Mine” means any mine where coal, clay, ore, mineral,
gypsum, or rock is dug or mined underground.
(e) “ Quarry” means an open cut from which coal is mined or
clay, ore, mineral, gypsum, sand, shale, gravel, or rock is cut or
taken for manufacturing, building, or construction purposes.
(f) “ Engineering work” means any work of construction, im
provement, or alteration or repair of buildings, streets, highways,
sewers, street railways, railroads, logging roads, interurban roads,
harbor, docks, canals; electric, steam or water power plants; tele
graph and telephone plants and line; electric light and power
lines, and includes any other work for the construction, alteration,
or repair of which machinery driven by mechanical power is used.
(g) “ Reasonably safe place to work ” means that the place of
employment has been made as free from danger to the life or
safety of the employee as the nature of the employment will
reasonably permit.
(h) “ Reasonably safe tools and appliances” are such tools and
appliances as are adapted to and are reasonably safe for use for
the particular purpose for which they are furnished, and shall em
brace all safety devices and safeguards provided or prescribed by
the “ safety provisions ” of the act for the purpose of mitigating
or preventing a specific danger.
(i) “ Employer” means any person, firm, association, or cor
poration, and includes the State, counties, municipal corporations,
cities under special charter and commission form of government,
school districts, towns, or villages, and independent contractors,
and shall include the legal representatives of a deceased employer.
(j) “ Employee” and “ workman” are used synonymously, and
means every person in this State, including a contractor other than
“ an independent contractor,” who, after July first, 1915, is en
gaged in the employment of an employer carrying on or conducting
any of the industries classified in sections 4 (a), 4 (b), 4 (c),
4 (e) and 5 of this act, whether by way of manual labor or other
wise or whether upon the premises or at the plant of such em
ployer, or who is engaged in the course of his employment away
from the plant of his employer: Provided, however,
COMPENSATION LEGISLATION,
1914, 1915— M ONTANA.
245
1. If the injury to a workman occurring away from the plant injury due to
of his employer is due to the negligence or wrong of another not third party
in the same employ, the injured workman, or, if death results
from such injury, beneficiaries or dependents, as the case may
be, shall elect whether to take under this act or seek a remedy
against such others; such election shall be made in advance of
the commencement of the action.
2. If he take under this act, the cause of action against such
other shall be assigned to the State for the benefit of the indus
trial accident fund, or the employer or insurer, as the case may be.
3. Any such cause of action assigned to the State may be prose
cuted or compromised by the board in its discretion.
4. If such workman, his beneficiaries, or dependents, as the case # Waiver by
may be, shall elect to proceed against the person responsible for
the injury, such election shall constitute a waiver of any right to
compensation, under the provisions of this act.
(k ) “ Injury” means and shall include death resulting from Definitions,
injury.
( 1)
“ Beneficiary” means and shall include a surviving wife
or husband and a surviving child or children under the age of
sixteen years, and an invalid child or invalid children over the age
of sixteen years, or if no surviving wife or husband, then the sur
viving child or children under the age of sixteen years, and any
invalid child or children over the age of sixteen years in whom
shall vest a right to receive compensation under this act.
(m) “ Major dependent” means if there be no beneficiaries
as defined in section 6 ( 1), the father and mother of the survivor
of them, if actually dependent to any extent upon the decedent at
the time of his injury.
(n) “ Minor dependent” means, if there be no beneficiary as
defined in section 6 ( 1), and if there be no major dependent as
defined in sections [sic] 6 (m ), the brothers and sisters, if actu
ally dependent upon the decedent at the time of his injury.
(o)
“ Invalid ” means one who is physically or mentally inca
pacitated.
(p) “ Child” shall include a posthumous child, a stepchild, a
child legally adopted prior to the injury, an illegitimate child
legitimized prior to the injury.
(q) “ Injury ” or “ injured ” refers only to an injury resulting
from some fortuitous event as distinguished from the contraction
o f disease.
(r) Wherever the singular is used the plural shall be included,
and wherever the plural is used the singular shall be included.
(s) Wherever the masculine gender is used the feminine and
neuter shall be included.
(t) The term “ physician” shall include “ surgeon,” and in
either case shall mean one authorized by law to practice his pro
fession in this State.
(u) “ Week” means six working days, but includes Sundays.
(v) “ Wages” mean the average daily wages received by the
employee at the time of the injury for the usual hours of employ
ment in a day, and overtime is not to be considered.
(w) “ W ife” or “ widow” means only a wife or widow living
with or legally entitled to be supported by the deceased at the
time of the injury.
(x) “ Husband ” or “ widower ” means only a husband or wid
ower incapable of supporting himself and living with or legally en
titled to be supported by the deceased at the time of her injury.
(y) “ Board ” means the Industrial Accident Board of the State
of Montana.
(z) “ Commissioner” means one of the members of the indus
trial accident board.
(aa) “Appointed member of the board ” means that member of
the industrial accident board appointed by the governor.
(bb) “ Order” shall mean and include any decision, rule, regu
lation, direction, requirement, or standard of the board, or any
other determination arrived at or decision made by such board,
excepting general or local orders, as herein specified.
2 46'
BULLETIN OF THE BUREAU OF LABOR STATISTICS*
(cc) “ General order” shall mean and include such order made
under the safety provisions of this act as applies generally
throughout the State to all persons, employments, or places of
employment, or employees working in such places of employment
classed as hazardous in this act.
(dd) “ Local order” shall mean and include any ordinance,
order, rule, or determination of any public corporation, or any
order or direction of any other public official, board, or department
upon any matter over which the industrial accident board has
Jurisdiction.
(ee) “ Pay roll,” “ annual pay roll,” or “ annual pay roll for
the preceding year” means the average annual pay roll of the
employer for the preceding calendar year, or if the employer shall
not have operated a sufficient, or any, length of time during such
calendar year, twelve times the average monthly pay roll for the
current year: Provided, That an estimate may be made by the
board for any employer starting in business where no average pay
rolls are available, such estimate to be adjusted by additional
payment by the employer or refund by the board, as the case may
actually be, on December 31st of such current year.
(ff) “ Year,” unless otherwise specified, means calendar year.
“ Fiscal year ” means the period of time between the first day of
July and the 30th day of the succeeding June.
(gg) “ Public corporation” means the State, or any county,
municipal corporation, school district, city, city under commiasion
form of government, or special charter, town or village.
(hh) “ Insurer” means any insurance company authorized to
transact business in this State insuring any employer under this
act.
(ii)
“ Casual employment” means employment not in the usual
course of trade, business, profession, or occupation of the em
ployer.
(jj) “ The plant of the employer” shall include the place of
business of a third person while the employer has access to or
control over such place of business for the purpose of carrying
on his usual trade, business, or occupation.
<kk) “An independent contractor” is one who renders service
in the course of an occupation, representing the will of his em
ployer only as the result of his work and not as to the means
by which it is accomplished.
Payments to Sec. 7. (a) In computing compensation to children and to
ceai^when40’’ l)rotliers and sisters, only those under sixteen years of age, or
*
* invalid children over the age of sixteen years, shall be included,
and in the case of invalid children only during the period in which
they are under that disability (within the maximum time limita
tions elsewhere in this act provided) after which payment on
account of such person shall cease. Compensation to children or
brothers or sisters (except invalids) shall cease when such per
sons reach the age of sixteen years.
(b)
If any beneficiaries or major or minor dependents of a de
ceased employee die, or if the widow or widower remarry, the
right of such beneficiary or major or minor dependent, or such
widow or widower, to compensation under this act shall cease.
Nonresident
Sec. 8. (a) No compensation under this act, except as otherwise
e
provided by treaty, shall be paid to any major or minor dependents
not residing within the United States at the time of the injury
to the decedent.
(b)
Except as otherwise provided by treaty, no compensation
in excess of fifty per centum of the compensation provided in
this act shall be payable to any beneficiary not residing within
the United States at the time of the injury to the decedent:
Provided, however, That no compensation shall be allowed to any
nonresident, alien beneficiary who is a citizen of a government
having compensation law which excludes citizens of the United
States, either resident or nonresident, from partaking of the bene
fit of such law in the same degree as herein extended to non
resident beneficiaries.
COMPENSATION LEGISLATION, 1914, 1915— MONTANA.
24T
(c) Nothing in section 8 (b) shall prevent the compromise of any
sums due a beneficiary not residing in the United States at the
time of the injury to the decedent for a sum less than fifty per
centum of the compensation provided in this act, upon the ap
proval of the board of such compromise settlement.
(d) Before payment of compensation to a beneficiary not resid
ing within the United States, satisfactory iproof of such relation
ship as to constitute a beneficiary under this act shall be fur
nished by such beneficiary duly authenticated under seal of an offi
cer of a court of law in the country where such beneficiary resides,
at such times and in such manner as may be required by the
board. And such proof shall be conclusive as to the identity of
such beneficiary, and any other claim of any other person to any
such compensation shall be barred from and after the filing of
such proof.
S e c . 9. (a) Payment of compensation to a beneficiary not resid- T o whom pay
ing within the United States may be made to any plenipotentiary
majr **
or consul or consular agent within the United States representing
the country in which such nonresident beneficiary resides, and the
written receipt of such plenipotentiary or consul or consular agent
shall acquit the employer, the insurer, or the board, as the case
may be.
(b) Where payment is due to a child under sixteen years of age Payments to
or to a person adjudged incompetent the same shall be made to gua™*08*
the parent or to the duly appointed guardian, as the case may be,
and the written receipt of such parent or guardian shall acquit
the employer, the insurer, or board, as the case may be. In other
cases payment shall be made to the person entitled thereto or to
his duly authorized representative.
S e c . 10. (a) In case of personal injury or death all claims shall
L im ita tio n
be forever barred unless presented within six months from the for claims,
date of the happening of the accident.
(b) No limitations of time, as provided in this act, shall run
as against any injured workman who is mentally incompetent
and without a guardian or an injured minor under sixteen years
of age who may be without a parent or guardian. A guardian in
either case may be appointed by any court of competent jurisdic
tion, in which event the period of limitation, as provided in sec
tion 10 (a), shall begin to run oh the date of the appointment of
such guardian, or when such minor arrives at the age of sixteen
years.
S e c . 11. (a) Where any employer procures any work to be done,
Contractors*
wholly or in part for him by a contractor other than an inde- emPlojees’
pendent contractor, and the work so procured to be done is a
part or process in the trade or business of such employer, then
such employer shall be liable to pay all compensation under this
act to the same extent as if the work were done without the inter
vention of such contractor. And the work so procured to be done
shall not be construed to be “ casual employment.”
(b) Where any employer procures work to be done as specified
in section 11 (a ), such contractor and his employees shall be pre
sumed to have elected to come under that plan of compensation
adopted by the employer, unless they shall have otherwise elected,
as provided herein.
(c) Where any employer procures any work to be done, wholly
or in part for him, by a contractor, where the work so procured
to be done is casual employment as to such employer, then such
contractor shall become the employer for the purposes of this act.
(d) Where any employer procures any work to be done, pay
ment for which is to be made in property other than money or it3
equivalent, and the value of which property is speculative or in
tangible, the wages of the employees receiving such compensation
shall be determined by the board in accordance with the going
wage for the same or similar work in the district or locality where
the same is to be performed: Provided, however, That where an
employer procures any work to be done by any contractor, or
248
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
through him by a subcontractor, the payment for which is to be
made in property other than money or its equivalent, and the
value of which property is speculative or intangible, then and in
that event the employer shall not be liable for compensation, but
such liability shall fall upon the contractor or subcontractor, as
the case may be.
Injury proxSec. 12. (a) If an injured employee dies and the injury was
d™ath CaUSe tt)e proximate cause of such death, then the beneficiary or the
major or minor dependents of the deceased, as the case may be,
shall receive the same compensation as though the death occurred
immediately following the injury, but the period during which the
death benefit shall be paid shall be reduced by the period during or
for which compensation was paid for the injury.
Death from
(b) If the employee shall die from some cause other than the
other cause.
injury, there shall be no liability for compensation after his death.
Dependency
(c ) The question as to who constitutes a beneficiary or a major
when1 n
or minor dependent shall be determined as of the date of the hap
pening of the accident to the employee, whether death shall imme
diately result therefrom or not.
Medical ex- Sec. 18. (a) Whenever in case of injury the right to compensaaminations.
tion under this act would exist in favor of any employee, he shall,
upon the written request of his employer or the insurer, submit
from time to time to examination by a physician, who shall be
provided and paid for by such employer or insurer, and shall like
wise submit to examination from time to time by any physician
selected by the board or any members or examiner or referee
thereof.
(b) The request or order for such examination shall fix a time
and place therefor, due regard being had to the convenience of
the employee and his physical condition and ability to attend at
the time and place fixed. The employee shall be entitled to have
a physician, provided and paid for by himself, present at any
such examination. So long as the employee, after such written
request, shall fail or refuse to submit to such examination, or
shall in any way obstruct the same, his right to compensation
shall be suspended. Any physician employed by the employer, the
insurer, or the board who shall make or be present at any such
examination may be required to testify as to the results thereof.
C o n t r a c ts Sec. 14. (a) Nothing in this act shall be construed as preventbenefitsSpita ing eiilployers and workmen from waiving the provisions of sec
tion 16 ( f ) of this act and entering into mutual contracts or agree
ments providing for hospital benefits and accommodations to be
furnished to the employee.
(b)
Such hospital contract or agreements must provide for
medical, hospital, and surgical attendance for such employee for
sickness contracted during the employment, except venereal dis
eases and sickness as a result of intoxication, as well as for in
juries received arising out of and in the course of the employment.
Limit on as- (c) Mo assessment of employees for such hospital contracts or
Kmsments.
benefits shall exceed $1 per month for each employee, except in
cases where it shall appear to the satisfaction of the board, after
a hearing had for that purpose, that the actual cost of such
service exceeds the said sum of $1 per month, and any such find
ing of the board may be modified at any time when justified by
a change of conditions or otherwise, either upon the board’s own
motion or the application of any party in interest.
profits.
(d) No profit, directly or indirectly, shall be made by any em
ployer as a result of such hospital contract or assessments. It
is the purpose and intent of this act to provide that where hos
pitals are maintained by employers such hospitals shall be no more
than self-supporting from assessment of employees, and that where
hospitals are maintained by other than the employer all sums de
rived by assessment of employees shall be paid in full to such
hospital without deduction by the employer.
Supervision
(e) Each and every hospital maintained wholly or in part by
by board.
payments from workmen, which furnishes treatment and services
to employees for sickness and injury, as provided in this act, shall
be under the supervision of the board as to the services and treat
COMPENSATION LEGISLATION, 1914, 1915— MONTANA,
249
ment rendered such employees, and shall from time to time make
reports of such services, attendances, treatments, receipts, and
disbursements as the board may require.
(f)
Neither an employer, an insurer, nor the board shall be Malpractice,
liable in any way for any act in connection with the treatment or
care, or malpractice in treatment or care, of any sickness or injury
sustained by an employee or the beneficiary of any hospital con
tract, where such act or treatment or malpractice in treatment
is caused, or alleged to have been caused, by any physician, hos
pital, or attendant furnished by such employer, insurer, or the
board. In any action for malpractice arising out of the operations
of this act the merits of such action shall be investigated by the
industrial accident board, and the finding of the board in relation
thereto shall be filed with the clerk of the court in which such
action is pending.
Sec. 15. In any action to recover damages for any act connected Same,
with the treatment or care or malpractice in treatment or care
of any sickness of or injury sustained by an employee the question
of whether or not due care was given by the defendants shall be a
question of law for the court.
Sec. 16. Every employer who shall become bound by and subject What parties
to the provisions of compensation plan number one, and every a *
employer and insurer who shall become bound by and subject
to the provisions of conipensation plan number two, and the in
dustrial accident fund where the employer of the injured employee
has become bound by and subject to the provisions of compensation
plan number three, shall be liable for the payment of compensation
in the manner and to the extent hereinafter provided to an em
ployee who has elected to come under this act and who shall re
ceive an injury arising out of and in the course of his employ
ment, or in the case of his death from such injury to his bene
ficiaries, if any; or, if none, to his major dependents, if any; or,
if none, to his minor dependents, if any.
(a) For an injury producing temporary total disability, fifty Compensa*
per centum of the wages received at the time of the injury,
subject to a maximum compensation o f ten dollars per week and
Temporary
(d ) Where the injury causes death, fifty per centum o f the
wages received at the time o f the injury to his beneficiaries, if
Death,
a minimum compensation of six dollars per week; Provided, That *°*a 1 disabi1'
if at the time of injury the employee received wages of less than y;
six dollars per week that he shall receive the full amount of such
wages per week. Such compensation shall be paid during the
period of disability, but not, however, in any event, exceeding 300
weeks.
(b) For an injury producing total disability permanent in char- Permancnt
acter, fifty per centum of the wages received at the time of the t o t a l disabilinjury, subject to a maximum compensation of ten dollars per y ’
week and a minimum compensation of six dollars per week: Pro
vided, That if at the time of the injury the employee received
wages of less than six dollars per week then he shall receive the
full amount of such wages per week. Such compensation shall be
paid during the period of disability, not exceeding 400 weeks, after
which time payment shall continue during disability at the rate
of five dollars per week.
(c) For an injury producing partial disability, one-half of the Partial disadifference between the wages received at the time of the injury bilit? *
and the wages which such injured employee is able to earn there
after, not exceeding, however, the difference between the wages
which the injured employee is able to earn after the injury and
the maximum compensation allowed in cases of total disability:
Provided, however, That such a sum shall be paid as compensa
tion in each case, which, when added to the wages which the in
jured employee is able to earn after the injury, will equal the
minimum compensation allowed in cases of total disability. Such
compensation shall be paid during the period of disability, not ex
ceeding, however, 150 weeks in cases of permanent partial dis
ability and 50 weeks in cases of temporary partial disability.
250
BULLETIN OF THE BUBEAU OF LABOB STATISTICS.
any, residing within the United States at the date of the happening
of the injury, or if residing outside of the United States, fifty per
centum of such compensation, or if none, then forty per centum
of the wages received at the time of the injury to his major de
pendents, if any, if residing in the United States at the date of
the happening of the injury, or, if none, then thirty per centum
of the wages received at the time of the injury to his minor de
pendents, if any, residing within the United States at the date of
the happening of the injury, subject to a maximum compensation
of ten dollars per week and a minimum compensation of six dol
lars per week, for a period not exceeding 400 weeks: Provided,
That if at the time of the injury the employee received wages of
less than six dollars per week, the full amount of such wages per
week for a period of not exceeding 400 weeks.
B u r ia l ex(e) There shall be paid, in addition to other compensation, if
penses.
death occurs within six months of the happening of the injury, the
reasonable burial expenses of the employee, not exceeding $75. If
the employee leaves no beneficiaries or major or minor dependents,
this shall be the only compensation.
M edical and
(f) During the first two weeks after the happening of the inhospital serv- jury the employer or insurer or the accident fund, as the case may
ices.
be, shall furnish reasonable medical and hospital services and
medicines as and when needed, in an amount not to exceed fifty
dollars in value, except as otherwise in this act provided, and
when the employer is a party to a hospital contract, unless the
employee shall refuse to allow them to be furnished.
W aiting time,
(g) No compensation shall be allowed or paid during the first
two weeks of any injury, except as may be required by the provi
sions of section 16 (f).
Order o f pay(h) Compensation for all classes of injuries shall run consecuments.
tively arid not concurrently, and as follows: First the two weeks’
medical and hospital services and medicines as provided in section
16 (f), unless the employee is a contributor to a hospital fund, as
otherwise in this act provided; after the first two weeks, com
pensation as provided in section 16 (a) or 16 (b) or 16 ( c ) ; fol
lowing either or none of the above, compensation as provided in
section 16 ( i ) ; following any or either or none of the above, if
death results from the accident within six months of the date of
the injury, burial expenses as provided in section 16 ( e ) ; follow
ing which, compensation to beneficiaries, if any; following which,
if no beneficiaries, compensation to major dependents; following
which, if no beneficiaries and no major dependents, compensation
to minor dependents, if any: Provided, That no compensation shall
be paid to a major or minor dependent who does not reside within
the United States or who did not reside within the United States
at the date of the happening of the injury. Compensation due to
beneficiaries shall be paid to the surviving spouse, if any, or if
none, then divided equally among or for the benefit of the children.
Compensation due to major dependents, where there be more than
one, shall be divided equally among them.
Specified in(i) In case of the following specified injuries, the compensation,
juries.
in lieu of any other compensation provided by this act, other
than that provided in section 16 (f), unless the employee is a
contributor to a hospital fund, as otherwise in this act provided,
shall be fifty per centum of the wages received at the time of the
injury, subject to a maximum compensation of ten dollars per
week and a minimum compensation of six dollars per week: Pro
vided, That if at the time of the injury the employee received
wages of less than six dollars per week, then he shall receive the
full amount of such wages per week, and shall be paid for the
following periods:
For the loss of—
One arm at or near shoulder______________________ 200 weeks
One arm .at the elbow____________________________ 180 weeks
One arm between wrist and elbow________________— 160 weeks
One hand—__ _______________________ ___________ 150 weeks
COMPENSATION LEGISLATION, 1914, 1915-— MONTANA*
2 51
One thumb and the metacarpal bone thereof_______ _ 60 weeks
One thumb at the proximal jo in ts_______ ___ ______ 30 weeks
One thumb at the second distal joint---------------------- 20 weeks
One first finger and the metacarpal bone thereof-,__ _30 weeks
One first finger at the proximal joint_____ ____ !____ 20 weeks
One first finger at the second joint_________________ 15 weeks
One first finger at the distal joint_________________ 10 weeks
One second finger and the metacarpal bone thereof__ 30 weeks
One second finger at the proximal joint_____________ 15 weeks
One second finger at the second joint-._____________ 10 weeks
One second finger at the distal joint________________ 5 weeks
One third finger and the metacarpal bone thereof____ 20 weeks
One third finger at the proximal joint______________ 12 weeks
One third finger at the second joint_________________ 8 weeks
One third finger at the distal joint:________________
4 weeks
One fourth finger and the metacarpal bone thereof___ 12 weeks
One fourth finger at the proximal joint______________
9 weeks
One fourth finger at the second joint_______________
6 weeks
One fourth finger at the distal joint-_________ - _____
3 weeks
One leg at or so near the hip joint as to preclude the
use of an artificial limb---------------------------------- — 180 weeks
One leg at or above the knee where stump remains suffi
cient to permit the use of an artificial limb— ______ 150 weeks
One leg between the knee and ankle--------------------------140 weeks
One foot at the ankle_________________- _______ ___ 125 weeks
One great toe with the metatarsal bone thereof__ ___ 30 weeks
One great toe at the proximal joint— — ------------------ 15 weeks
One great toe at the second joint___ _________________ 10 weeks
One toe other than the great toe with the metatarsal
bone thereof_______________________ ____________ 12 weeks
One toe other than the great toe at proximal joint____
6 weeks
One toe other than the great toe at second or distal
joint______________________________ .____________
3 weeks
One eye blind by enucleation_______________________ 120 weeks
Total blindness of one eye___________ - _____________ 100 weeks
The loss of both hands, or both arms, or both feet, or both legs,
or both eyes, or any two thereof, in the absence of conclusive
proof to the contrary shall constitute total disability permanent
in character.
(j) A workman in order to be entitled to compensation for Hernia,
hernia must clearly prove: (1) That the hernia is of recent origin,
( 2) that its appearance was accompanied by pain, (3) that it
was immediately preceded by some accidental strain suffered in
the course of the employment, and (4) that it did not exist prior
to the date of the alleged injury. If a workman, after estab
lishing his right to compensation for hernia as above provided,
elects to be operated upon, a special operating fee of not to ex
ceed fifty dollars shall be paid by the employer, the insurer, or the
board, as the case may be. In case such workman elects not to be
operated upon, and the hernia becomes strangulated in the future,
the results from such strangulation will not be compensated.
(k) For the purpose of section 16 (i) the complete paralysis of Paralysis,
an arm, hand, foot, or leg shall be considered the loss of such
member. For the purpose of section 16 (i) the complete paralysis
of both arms, both hands, both feet, or both legs, or any two of
them, shall be considered the loss of such members.
(1) Should a further accident occur to a workman who is al- Subsequent
ready receiving compensation hereunder, or who has been pre- inJuries*
viously the recipient of a payment or payments under this act,
his further compensation shall be adjusted according to the other
provisions of this act, and with regard to the combined effect of
his injuries and his past receipt of compensation.
(m) If aggravation, diminution, or termination of disability Revision of
takes place, or be discovered after the rate of compensation shallawards*
have been established, or compensation terminated in any case,
where the maximum payments for disabilities as provided in this
252
BULLETIN OF THE BUREAU OF LABOR STATISTICS*
act have not been reached, such changes may be adjusted for
future application of compensation in accordance with the pro
visions hereof, or in a proper case terminate the payments.
Pay m e n t s
(n) All payments of compensation, as provided in this act,
monthly.
shall be made monthly, except as otherwise provided herein.
Lump sums.
(o)
The monthly payments provided for in this set may be con
verted, in whole or in part, into a lump-sum payment, which lump
sum payment shall not exceed the estimated value of the present
worth of the deferred payments capitalized at the rate of five per
centum per annum. Such conversion can only be made upon the
written application of the injured workman, his beneficiary, or
major or minor dependents, as the case may be, and shall rest in
the discretion of the board both as to the amount of such lump
sum payment and the advisability of such conversion.
Sec. 17. (a ) No payments under this act shall be assignable,
P ay m e n ts
exempt.
subject to attachment or garnishment, or be held liable in any
way for any debts.
Preferences
(b) In case of bankruptcy, insolvency, liquidation, or the failure
of payments. of an employer or insurer to meet any obligations imposed by this
act, every liability which may be due under this act shall con
stitute a first lien upon any deposit made by such employer or
insurer, and if such deposit shall not be sufficient to secure the
payment of such liability in the manner and at the times pro
vided for in this act the deficiency shall be a lien upon all the
property of such employer or insurer within this State, and shall
be prorated with other lienable claims and shall have preference
over the claim of any creditor or creditors of such employer or
insurer except the claims of other lienors.
Waivers.
(c) No agreement by an employee to waive any rights under this
act for an injury to be received shall be valid.
Misrepresen
(d) Any employer who shall misrepresent to the board the
tations.
amount of a pay roll upon which the premiums or assessments
under compensation plan number three are to be levied, or upon
which fees for factory inspection, subsequent inspection, or re
inspection, as elsewhere provided in this act, are based, shall be
liable to the State in ten times the amount of difference between
the amount paid and the amount which should have been paid.
Such liability may be recovered in a civil action brought in the
name of the State. All sums collected under this section shall be
paid into the fund to which the original payments were or should
have been credited.
Interstate
(e) The provisions of this act shall not apply to any railroad
commerce.
engaged in interstate commerce, except that railroad construction
work shall be included in and subject to the provisions of this act*
Reports o f
(f) Every employer coming under the provisions of compensa-:
payments.
tion plan number one and every insurer coming under the provi
sion of compensation plan number two shall, on or before the fif
teenth day of each and every month, file with the industrial acci
dent board duplicate receipts for all payments made during the
previous month to injured workmen or their beneficiaries or de
pendents, and statements showing the amounts expended during
the previous month for medical, surgical, and hospital services and
for the burial of injured workmen.
Notice.
(g) No claims to recover compensation under this act for in
juries not resulting in death shall be maintained unless, within
sixty days* after the occurrence of the accident which is claimed
t<* have caused the injury, notice in writing, stating the name and
address of the person injured, the time and the place where the
accident occurred, and the nature of the injury, and signed by
the person injured, or some one in his behalf, shall be served
upon the employer or the insurer: Provided, however, That actual
knowledge of such accident and injury on the part of such em
ployer or his managing agent or superintendent in charge of the
work upon which the injured employee was engaged at the time of
the injury shall be equivalent to such service.
COMPENSATION LEGISLATION, 1914, 1915— MONTANA*
263
(h) Every employer of labor and every insurer is hereby re- Reports o f
quired to file with the board, under such rules and regulations as acc
*
the board may from time to time make, a full and complete report
of every accident to an employee arising out of or in the course
of his employment and resulting in loss of life or injury to such
person. Such reports shall be furnished to the board in such form
and such detail as the board shall from time to time prescribe,
and shall make specific answer to all questions required by the
board under its rules and regulations, except, in case he is unable
to answer any such questions, a good and sufficient reason shall
be given for such failure.
(i) No information furnished to the board by an employer or Information
an insurer shail be open to public inspection or made public confidential,
except on order of the board, or by the board or a member of the
board in the course of a hearing or proceeding. Any officer or
employee of the board who, in violation of the provisions of this
section, divulges any information shall be guilty of a misdemeanor.
( j ) Whenever it is necessary to estimate the sum of money to M o r t a l it y
set aside as a reserve in any case, the American Experience Table ab e*
of Mortality shall be used.
(k) It shall be unlawful for the employer to deduct or obtiain Deducting
any part of any premium required to be paid by this act from wages*
the wages or earnings of his workmen, or any of them, and the
making or attempt to make any such deduction shall be a misde^
meanor, except that nothing in this section shall be construed as
prohibiting contributions by employees to a hospital fund, as else
where in this act provided.
Sec. 18. (a) All hearings and investigations before the board, Hearings by
or any member thereof, shall be governed by this act and by rules board,
of practice and procedure to be adopted by the board, and in the
conduct thereof neither the board nor any member thereof shall
be bound by the technical rules of evidence. No informality iii
any proceedings or in the manner of taking testimony shall in
validate any order, decision, award, rule, or regulation made,
approved, or confirmed by the board.
(b) The board, or any member thereof, or any party to the
action or proceeding may, in any investigation or hearing before
the board, cause the deposition of witnesses residing within or
without the State to be taken in the manner prescribed by law
for like depositions in civil actions in the district courts of this
State, and to that end may compel the attendance of witnesses
and the production of books, documents, papers, and accounts*
(c) The board is hereby vested with full power, authority, and Powers,
jurisdiction to do and perform any and all things, whether herein
specifically designated or in addition thereto, which are neces
sary or convenient in the exercise of any power, authority, or
jurisdiction conferred upon it under this act.
(d) The board and each member thereof shall have power to
issue writs of summons, warrants of attachment, warrants of com
mitment, and all necessary process in proceedings for contempt in
like manner and to the same extent as courts of record. The proc
ess issued by the board, or any member thereof, shall extend to
all parts of the State and may be served by any persons authorized
to serve process of courts of record, or by any person designated
for that purpose by the board, or any member thereof.
The person executing any such process shall receive such com
pensation as may be allowed by the board, not to exceed the fees
now prescribed by law for similar service and such fees shall be
paid in the same manner as provided herein for the fees of wit
nesses.
(e) The board and each member thereof, its secretary and ref
erees, shall have the power to administer oaths, certify to all offi
cial acts, and to issue subpoenas for the attendance of witnesses
and the production of papers, books, accounts, documents, and testi
mony in any injury [inquiry], investigation, hearing, or proceeding
in any part of the State. Each witness who shall appear by order
of the board, or any member thereof, shall be entitled to receive, if
254
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
demanded, for bis attendance the same fees and mileage allowed
by law to a witness in civil cases in the district court, which
amount shall be paid by the party at whose request such witness
is subpoenaed, unless otherwise ordered by the board. When any
witness who has not been required to attend at the request of
any party is subpoenaed by the board his fees and mileage may
be paid from the funds appropriated for the use of the board in
the same manner as other expense[s] of the board are paid. Any
witness subpoenaed, except one whose fees and mileage may be
paid from the funds of the board, may at the time of service de
mand the fee to which he is entitled for travel to and from the place
at which he is required to appear, and one day’s attendance. If
such witness demands such fees at the time of service and they are
not at that time paid or tendered, he shall not be required to
attend before the board, or a member thereof or referee, as directed
in the subpoena.
Aid bycourts, (f) The district court in and for the county in which any in
quiry, investigation, hearing, or proceeding may be held by the
board, or any member thereof, shall have the power to compel
the attendance of witnesses, the giving of testimony, and the pro
duction of papers, books, accounts, and documents as required by
any subpoena issued by the board or any member thereof. The
board, or any member thereof, before whom the testimony is to be
given or produced, in case of the refusal of any witness to attend
or testify or produce any papers required by such subpoena, may
report to the district court in and for the county, in which the
proceeding is pending, by petition, setting forth that due notice
has been given of the time and place fixed for the attendance of
said witness or the production of said papers, and that the wit
ness has been summoned in the manner prescribed in this act,
and that the witness has failed and refused to attend, or produce
the papers required by the subpoena before the board, or any
member thereof, in the case or proceeding named in the notice
and subpoena, or has refused to answer questions propounded to
him in the course of such proceedings, and ask an order of said
court compelling the witness to attend and testify or produce said
papers before the board. The court, upon the petition of the board,
or any member of the board, shall enter an order directing the
witness to appear before the court at the time and place to be
fixed by the court in such order not more than ten days from
the date of the order, and then and there show cause why he had
not attended or testified or produced such papers before the board.
A copy of said order shall be served upon said witness. If it shall
appear to the court that said subpoena was regularly issued by the
board, or a member thereof, and regularly served, the court shall
thereupon enter an order that said witness appear at the time and
place fixed in said order and testify or produce the required papers,
and upon failure to obey said order, said witness shall be dealt
with as for contempt of court. The remedy provided in this sec
tion is cumulative and shall not be construed to impair or interfere
with the power of the board, or a member thereof, to enforce the
attendance of witnesses and the production of papers and to
punish for contempt in the same manner and to the same extent as
courts of record.
Copiesasevi- (g) Copies of official documents and orders filed or deposited
nce*
according to law in the office of the board, certified by a member
of the board or by the secretary under the official seal of the board
to be true copies of the original, shall be evidence in like manner
as the originals.
Costs.
(h) The costs and disbursements, incurred in any proceeding
or hearing before the board, or a member thereof, may be appor
tioned between the parties on the same or adverse sides in the
discretion of the board.
Records to be Sec. 19. The books, records, and pay rolls of the employer,
open.
pertinent to the administration of this act, shall always be open
to inspection by the board or any duly authorized employee thereof,
C0MPJ5NSATION" LEGISX-AISON, 1914,1915— MONTANA,
25&
for the purpose of ascertaining the correctness o f the pay roll,
the number of men employed, and such other information as may
be. necessary for the board and its management under this act.
Refusal on the part of the employer to submit said books, records,
and pay rolls for such inspection shall subject the offending em
ployer to a penalty of one hundred dollars for each offense, to be
collected by civil action in the name of the State and paid into the
industrial administration fund.
Sec. 20 (a) All proceedings to determine disputes or contro Proceedings.
versies arising under this act shall be instituted before the board
and not elsewhere, and heard and determined by them, except as
otherwise in this act provided, and the board is hereby vested with
full power, authority, and jurisdiction to try and finally deter
mine all such matters, subject only to review in the manner and
within the time in this act provided.
(b) All orders, rules, and regulations, findings, decisions, and Orders, etc.
awards of the board in conformity with law shall be in force and
shall be prima facie lawful; and all such orders, rules, and regula
tions, findings, decisions, and awards shall be conclusively pre
sumed to be reasonable and lawful, until and unless they are
modified or set aside by the board or upon review.
(c) After a final hearing by the board it shall, within thirty Awards.
days, make and file its findings upon all facts involved in the con
troversy and its award, which shall state its determination as
to the right of the parties.
(d) The board in its award may fix and determine the total F o r m s / o f
amount of compensation to be paid and specify the manner of awards.
payment, or may fix and determine the weekly disability indem
nity to be paid, and order payment thereof during the continu
ance o f such disability: Providing, however, That the payment of
such award and indemnity shall be in the same manner as that of
undisputed awards and indemnities coming within the particular
plan provided for in this act to which said award and indemnity
belong.
(e) If in any proceeding it is proved that an accident has hap N o m i n a l
pened for which the employer would be liable to pay compensation award.
if disability has resulted therefrom, but it is not proved that an
incapacity has resulted, the board may, instead of dismissing the
application, award a nominal disability indemnity if it appears
that disability is likely to result at a future time.
(f) The board shall have continuing jurisdiction over all its Reviews.
orders, decisions, and awards, and may at any time, upon notice
and after opportunity to be heard is given to the parties in in
terest, rescind, alter, or amend any such order, decision, or award
made by it upon good cause appearing therefor. Any order, de
cision, or award rescinding, altering, or amending a prior order,
decision, or award shall have the same affect-[effect] as original
orders or awards.
(g) A full and complete record shall be kept of all proceedings Records.
and hearings had before the board, or any member thereof, of any
formal hearing had, and all testimony produced before the board
or any member thereof, shall be taken down by a stenographic
reporter appointed by the board, and the parties shall be entitled
to be heard in person or by attorney. In cases of an action to
review any order or decision of the board, a transcript of such
testimony, together with all exhibits, and of the pleadings, records,
and proceedings in the cause, shall constitute the record of the
board.
(h) No orders or decisions o f the board shall be subjeet to R eview o f or
collateral attack, and may be reviewed or modified only in the ders.
manner provided herein.
Sec. 21. (a) At any time within twenty days after the service Rehearings.
of any order or decision of the board any party or parties ag
grieved thereby may apply for a rehearing upon one or more o f
the following grounds and upon no other grounds:
1. That the board acted without or in excess of its powers.
2. That the order, decision, or award was procured by fraud.
256
Appeals.
BULLETIN OP THE BUBEAU OP LABOR STATISTICS.
3. That the evidence does not justify the findings.
4. That the applicant has discovered new evidence, material to
him, and which he could not, with reasonable diligence, have dis
covered and produced at the hearing.
5. That the findings do not support the order, decision, or
award.
6. That the order, decision, or award is unreasonable.
(b) Nothing contained in section 21 (a) shall, however, be con
strued to limit the right of the board, at any time after the date
of its award, and from time to time after due notice and upon
the application of any party interested, to review, diminish, or in
crease within the limits provided by this act any compensation
awarded upon the grounds that the disability of the person in
whose favor such award was made has either increased or dimin
ished or terminated.
(c) The application for rehearing shall set forth specifically
and in full detail the grounds upon which the applicant considers
said order, decision, award, rule, or regulation to be unjust or
unlawful, and shall in other respects conform to such rules and
regulations as the board may prescribe.
(d) The board shall have full power and authority to make
and prescribe rules to govern the procedure upon rehearing, and
any matter before it and any order made after such rehearing
abrogating or changing the original order shall have the same
force and effect as an original order and shall not affect any
right, or enforcement of any right, arising from or by virtue
of the original order.
(e) An application for rehearing or the appeal hereinafter pro
vided shall not excuse any employer, employee, or other person
from complying with or obeying any order or requirement of the
board or operate in any manner to stay or postpone the enforce
ment of an order or requirement thereof, except as the board or
the court may direct.
gE0# 22. (a) Within thirty days after the application for a re
hearing is denied, or, if the application is granted, within thirty
days after the rendition of the decision on the rehearing, and
within twenty days after notice thereof, any party affected
thereby may appeal to the district court of the judicial district
of the State of Montana, including the county in said State
wherein the employer may have his place of residence, or if such
employer be a corporation may have its principal office or place
of business, or if said appeal be prosecuted by an injured work
man or his dependents, such appeal may be taken to the district
court wherein is located the county within which such workman
was injured, which said appeal shall be for the purpose of hav
ing the lawfulness of the original order, decision, or award, or the
order, decision, or award on rehearing inquired into and deter
mined.
(b)
Said appeal shall be taken by serving a written notice of
said appeal upon the chairman of such industrial accident com
mission, or upon any other member thereof, which said service
shall be made by the delivery of a copy of such notice to such
chairman or member, and filing the original with the clerk of the
court to which said appeal is taken. A copy of such notice must
also be served upon the adversary party, if there be any, by mail
ing the same to said adversary party to such address of such
party as said party shall have left with the board. If such party
shall have left no address with the board, then no service upon such
party shall be required. The order of filing and service of said
notice is immaterial. Immediately upon service upon said board
of said notice the said board shall certify to said district court
the entire record and proceedings, including all testimony and evi
dence taken by said board, with the clerk of said district court.
Immediately upon the return of such certified record the district
court shall fix a day for the hearing of said cause, and shall cause
notice to be served upon the board and upon the appellant, and also
upon the adversary party, if there be any. The court may, upon
COMPENSATION LEGISLATION,
1914, 1915— M ONTANA,
257
the hearing, for good cause shown, permit additional evidence to
be introduced, but in the absence of such permission from the
court the cause shall be heard on the record of the board as cer
tified to the court by it. The trial of the matter shall be de novo,
and upon such trial the court shall determine whether or not the
board regularly pursued its authority, and whether or not the find
ings of the board ought to be sustained, and whether or not such
findings are reasonable under all the circumstances of the case.
(c) The board and each party to the action or proceeding before
the board shall have the right to appear in the proceeding, and it
shall be the duty of the board to so appear. If the court shall find
from such trial as aforesaid that the findings and conclusions of
the board are not in accordance with either the facts or the law,
or that they ought to be other or different than those made by the
board, or that any finding and conclusion or any order, rule, or re
quirement of the board is unreasonable, the court shall set aside
such finding, conclusion, order, judgment, decree, rule, or require
ment of said board, or shall modify or change the same as law
and justice shall require, and the court shall also make and enter
any finding, conclusion, order, or judgment that shall be required
or shall be legal and proper in the premises.
(d) Either the board or the appellant or any adversary party, Appeal to su*
if there be one, may appeal to the Supreme Court of the State preme court,
of Montana from any final order, judgment, or decree of the said
district court, which said appeal shall be taken in like manner as
appeals are now taken in other civil actions to the said supreme
court, and upon such appeal the said supreme court shall make
such orders in reference to a stay of proceedings as it finds to be
just in the premises, and may stay the operation of any order,
judgment, or decree of said district court without requiring any
bond or undertaking from the applicant for such stay. When
any such cause is so appealed it shall have precedence upon the
calendar of the said supreme court, and shall be tried anew by
said supreme court upon the record made in said district court
and before said board, and judgment and decree shall be entered
therein as expeditiously as possible.
Sec. 23. (a) There is hereby appropriated out of the State Appropriatreasury the sum of fifty thousand ($50,000) dollars, or so much tion*
thereof as may be necessary, to be known as the industrial ad
ministration fund, out of which the salaries, traveling and office
expenses of the board shall be paid, and all other expenses inci
dent to the administration of this act.
(b)
There is hereby appropriated out of the industrial accident
fund such sums as may be necessary to pay the compensation
provided for in this act.
Sec. 24. (a) Whenever this act, or any part or section thereof, Construction
is interpreted by a court, it shall be liberally construed by such of act
court.
(b) If any section, subsection, subdivision, sentence, clause,
paragraph, or phrase of this act is for any reason held to be un
constitutional or void, such decision shall not affect the validity of
the remaining portions of this act, so long as sufficient remains
of the act to render the same operative and reasonably affective
[effective] for carrying out the main purpose and intention of the
legislature in enacting the same as such purpose and intention
may be disclosed by the act.
(c) The moneys coming into the industrial accident fund shall Disposition
be held in trust for the purpose for which such fund is created, o£ £unds*
and if this act shall be hereafter repealed, such moneys shall be
subject to such disposition as may be provided by the legislature
repealing this act; in default of such legislative provision, dis
tribution thereof shall be in accordance with the justice of the
matter, due regard being had to obligations of compensation in
curred and existing.
(d) This act shall not affect any action pending or any cause Prior causes,
of action existing on the thirtieth day of June, 1915.
70446—Bull. 185—15----- 17
258
BULLETIN OP THE BUREAU OF LABOR STATISTICS.
A n n u a l re- Sec. 25. (a) The board shall, not later than the first day of
ports.
October of each year, make a report to the governor covering its
entire operations and proceedings for the preceding fiscal year,
with such suggestions or recommendations as it may deem of
value for public information. A reasonable number of copies of
such report shall be printed for general distribution.
Act in effect
(b) This act shall take effect and be in force from and after
its passage and approval, except as to its compensation provisions,
which shall not take effect until the first day of July, 1915.
P art II.
COMPENSATION PLAN NUMBER ONE.
Election of Section 30. (a) Any employer in the industries, trades, works,
rect eSayments occupations, or employments in this act specified as hazardous, by
*filing his election to become subject to and be bound by compensa
tion plan number one, upon furnishing satisfactory proof to the
board of his solvency and financial ability to pay the compensa
tion and benefits in this act provided for, and to discharge ail
liabilities which are reasonably likely to be incurred by him during
the fiscal year for which such election is effective, may, by order
of the said board, make such payments directly to his employees
as they may become entitled to receive the same under the terms
and conditions of this act.
Proof of sol(b) Every such employer now or hereafter engaged in the
vency.
State of Montana in the industries, trades, works, occupations,
or employments herein mentioned, and who shall have elected to
be bound by such compensation plan number one, shall file such
proof of his solvency within the time and in such form as may be
prescribed by the rules or orders of the board.
If such employer making such election shall be found by the
board to have the requisite financial ability to pay the compensa
tion and benefits in this act provided for, then the board shall
grant to such employer permission to carry on his said business
for the fiscal year within which such election is made and such
proof filed, or the remaining portion of such fiscal year, and to
make such payments directly to his employees as they may be
come entitled to receive the same. Every employer, so long as
he continues in his said employment, and so long as he continues
to be bound by such compensation plan number one, shall, at least
thirty days before the expiration of each fiscal year, renew his
application to be permitted to continue to make such payments as
aforesaid directly to his employees for the next ensuing fiscai
year and under like circumstances as those mentioned for the
granting of such permission upon such first application, the board
may renew the same from year to year.
Additional
(c) The board may at any time require from any employer actproof.
|ng under compensation plan number one additional proof of sol
vency and financial ability to pay the compensation provided by
this act, and may at any time, upon notice to such employer of
not less than ten or more than twenty days, after and upon a full
hearing, revoke any order or approval theretofore made.
Security re(d) If said industrial accident board shall find that such emquired, w&en. pioyer has not financial responsibility for the payment of the com
pensation herein provided to be paid which might reasonably be
expected to be chargeable to such employer during the fiscal year
to be covered by such permission, said industrial accident board
must so find, and must require such employer, before granting
to him such permission, or before continuing or engaging in such
employment, subject to the provisions of compensation plan num
ber one, to give security for such payment, which security must be
in such an amount as said board shall find it reasonable and neces
sary to meet all liabilities of such employer which may reason
ably and ordinarily be expected to accrue during such fiscal year.
Said security must be deposited with the treasurer of the board
and may be a certain estimated per centum of said employer’s last
COMPENSATION LEGISLATION, 1914, 1915— MONTANA.
259
preceding annual pay roll, or a certain per centum of the estab
lished amount of his annual pay roll for said fiscal year, or said
security may be in the form of a bond or undertaking executed
to said industrial accident board in the amount to be fixed by it
with two or more sufficient sureties, which undertaking must be
conditioned that such employer will well and truly pay, or cause
to be paid, all such sums and amounts for which the employer
shall become liable under the terms of this act to his employees
during said fiscal year, or such security may consist of any State,
county, municipal, or school district bonds, or the bonds or evi
dence of indebtedness of any individuals or corporations which
the board may deem solvent; and every such deposit and the
character and amount of such securities shall at all times be sub
ject to approval, revision, or change by the board as in its judg
ment may be required, and upon proof of the final payment of the
liability for which such securities are given such securities, or
any remaining part thereof, shall be returned to the depositor.
The treasurer of the board and his bondsmen shall be liable for the
value and safe-keeping of all such deposits or securities, and shall
at any time upon demand of the bondsmen or the depositor or the
board account for the same and the earnings thereof.
(e) Upon the failure of said employer to pay any compensation Failure to
provided for in this act upon the terms and in the amounts and Sente pay ”
at the times when the same shall become due and payable, it shall
be the duty of such State accident board, upon demand of the per
son to whom compensation is due, to apply any deposits made
with the board to the payment of the same, and it shall be its
duty to take the proper steps to convert any securities on deposit
with the said board, or sufficient thereof, into cash and to pay
the same upon the liabilities of said employer accruing under the
terms of this act, and it shall be its duty, in so far as the same
shall be necessary, to collect and enforce the collection of the
liability of all sureties upon any bonds which may be given by the
said employer to insure the payment of his said liability. And to
these ends and for these purposes the board shall be deemed to
be the owner of said deposit and security and the obligee in said
bond in trust for the said purposes and may proceed in its own
name to recover upon such bonds or foreclose and liquidate said
securities.
( f ) Within thirty days after the happening of an accident where Deposits,
death or the nature of the injury renders the amount of future
payments certain, or reasonably certain, the employer shall make
a deposit or give security as herein defined with the treasurer of
the board for the protection and guaranty of the payment of
such liability in such sum as the board may direct: Provided,
however, That if sufficient securities are already on deposit with
the said board or if the said board shall have determined that the
employer has sufficient financial responsibility to meet said lia
bility o f the said employer, together with other liabilities already
accrued, no such additional deposit or security shall be demanded.
(g) Any employer against whom liability may exist for com- How empioypensation under this act may, with the approval of the board, be
** dls*
relieved therefrom by ( 1) depositing the present value or the
*
estimated present value of the total unpaid compensation for
which such liability exists, assuming interest at five per centum
per annum, with the treasurer of the board; or (2 ) purchasing
an annuity within the limitations provided by law in any insur
ance company granting annuities and authorized to transact busi
ness in this State, subject to the approval of the board.
P art III.
compensation plan number two .
Section 35. (a) Any employer in the industries, trades, works,
occupations, or employments in this act specified as hazardous,, by
filing his election to become subject to and bound by compensation
Insurance,
260
BULLETIN OP THE BUREAU OF LABOR STATISTICS.
plan number two, may insure his liability to pay the compensation
and benefits herein provided for in any insurance company author
ized to transact such business in this State.
, Statements
(b) Any employer electing to become subject to and bound by
to De niea.
compensation plan number two shall file with the board written
acceptance of the provisions of compensation plan number two,
together with a statement, upon forms provided by the. board, of
the nature of his employment, the character and location of his
works, the number of men employed during the preceding year, or
any part of the preceding year, and the probable number of men
to be employed during the first fiscal year to be covered by such
election; and the board shall thereupon determine the amount
of insurance which will be reasonably necessary to secure the com
pensation with which the said employer may reasonably be ex
pected to become chargeable during such fiscal year. And there
upon the said employer shall file the policy or policies of insur
ance herein provided for with the board, which policy or policies
shall insure in the amounts so fixed by the board against any and
all liability of the employer to pay the compensation and benefits
provided for in this act. The amount of such insurance shall be
fixed by the board for each ensuing fiscal year during which said
employer shall engage in his said employment, and shall remain
subject to the provisions of compensation plan number two, and
for the purpose of fixing such amount of said insurance, the said
board may make all reasonable and necessary investigation, and
the said employer shall furnish to such board all information
which it may require.
Provisions of
(c) All policies insuring the payment of compensation under
policies.
this act must contain a clause to the effect that as between the
employee and the insurer the notice to or knowledge of the oc
currence of the injury on the part of the insured shall be deemed
notice or knowledge, as the case may be, on the part of the in
surer ; that jurisdiction of the insured for the purpose of this act
shall be jurisdiction of the insurer; and that the insurer shall in
ail things be bound by and subject to the awards, orders, judg
ments, or decrees rendered against such insured.
Direct pay(d) No such policy shall be issued unless it contains the agreements.
ment of the insurer that it will promptly pay to the person en
titled to compensation all the installments of compensation or
other payments in this act provided for, and that the obligation
shall not be affected by any default of the insured after the in
jury, or by any default in the giving of any notice required by
such policy or by this act, or otherwise. Such agreement shall be
construed to be a direct promise by the insurer to the person
entitled to compensation.
Require(e) Every policy for the insurance of the compensation herein
Doiicies aS
provided for or against liability therefor shall be deemed to be
*
made subject to the provisions of this act. No insurer shall enter
into any such policy of insurance unless its form shall have been
approved by the board and as otherwise provided by law.
Renewals.
(f) Every renewal of such policy shall be made and delivered
to said board at least thirty days prior to the expiration of the
expiring policy.
Deposits.
(g) Within thirty days of the happening of an accident where
death or the nature of the injury renders the amount of future
payments certain or reasonably certain, the insurer shall make a
deposit as herein defined with the treasurer of the board for the
protection and guaranty of the payment of such liability in such
sum as the board may direct.
How insurer
(h ) Any insurer against whom liability may exist for comcharced6 dis’ pensation under this act may, with the approval of the board, bo
relieved therefrom by ( 1) depositing the present value or the esti
mated present value of the total unpaid compensation for which
such liability exists, assuming interest at five per centum per
annum, with the treasurer of the board; or (2) by purchasing an
annuity within the limitations provided by law in any insurance
COMPENSATION LEGISLATION,
1914, 1915— M ONTANA.
261
company granting annuities and authorized to transact business in
this State, subject to the approval of the board.
(i)
No policy of insurance issued under the provisions of com- Cancellation,
pensation plan number two shall be canceled within the time
limited for its expiration, except upon thirty days* notice to the
employer in favor of whom such policy is issued, and to the board,
unless such policy sought to be canceled shall have been sooner
replaced by other insurance.
(j) Every insurance company transacting business under this Reports o f
act shall, at the time and in the manner prescribed by the board, accidents,
make and file with the board such reports of accidents as the
board may require.
(k) Every policy or contract insuring against liability for com- Provision for
pensation under compensation plan number two must contain a direct liability,
clause to the effect that the insurer shall be directly and pri
marily liable to and will pay directly to the employee, or in case
of death, to his beneficiaries or major or minor dependents, the
compensation, if any, for which the employer is liable. Every
such policy shall at all times be subject to the approval, change,
or revision by the board, and shall contain the clauses, agree
ments, and promises required by this act.
(1) Any deposit made under the provisions of compensation
plan number two shall be held in trust by the treasurer of the
board as security for the payment of the liability for which the
deposit was made. Such deposit may be reduced from time to time
with the permission of the board, as the payment of the liability
of the insurer may reduce the amount required to be on deposit.
Such deposit may be changed or renewed when desired by the de
positor by withdrawing the same, or any part thereof, and sub
stituting other deposits therefor; upon proof of the final payment
of the liability for which such deposit was made any deposit
remaining shall be returned to the depositor. All earnings made
by such deposit shall be first applied upon any liability of the
depositors, and if no such liability exists then such earnings shall
upon demand be delivered to such depositor. The treasurer of the
board and his bondsmen shall be liable for the value and safe
keeping of such deposit, and shall at any time upon demand of
his bondsmen, the depositor, or the board aecount for the same and
the earnings thereof.
P art IV.
COMPENSATION PLAN NUMBER THREE.
Section 40. (a) Every employer, subject to the provisions of com- Classified prepensation plan number three, shall, in the manner and at the times mium rates,
herein specified, pay into the State treasury, in accordance with
the following schedule, a sum equal to the percentage of his total
annual pay roll specified in this section, which said schedule is
subdivided into classes, and the percentage of payments of pre
miums or assessments to be required from each of said classes is
as follows:
Class one.—Broom or brush manufacturing, without sawmill;
theater stage employees; moving-picture operators; electrotyping;
engraving; lithographing; photo-engraving; stereotyping; emboss
ing ; bookbinding; printing; jewelry manufacturing; not otherwise
specified; sixty-five one-hundredths of one per centum.
Class two.—~Cloth, textile, and wool manufacturing, not other
wise specified; wharf employees, other than stevedores and long
shoremen; eight-tenths of one per centum.
Class three.—Manufacturing alcohol, drugs, other than am
monia; candy, crackers, saddles, harness, leather novelties, mat
tresses, not including spring or wire, paint, varnish, wagons,
buggies, carriages, sleighs, cutters; operation of tugs and steam
boats; manufacturing roofing paper and articles of paper not
otherwise specified, paper boxes, automobiles, motor trucks, hard
ware; working in rubber, not otherwise specified; manufacturing
262
BULLETIN OP TH E BUREAU OF LABOR STATISTICS.
boots and shoes; manufacturing articles of and working in leather
not otherwise specified; one and three-tenths per centum.
Class four.—Manufacturing cheese, condensed milk; operating
creameries, manufacturing spices and condiments; paper hanging
kalsomining; whitewashing; making willow baskets; setting tiles
mantels and marble work, inside work only; making grease, lard
soap, tallow; inside plumbing work; installing heating systems
painting and decorating, inside work only; metal ceiling work
one and four-tenths per centum.
Class five.—Manufacturing glass; operating breweries, bottling
works, grain warehouses, grain elevators; manufacturing articles
of brass, copper, lead, and zinc; operating machine shops, not
otherwise specified; lathing, plastering; canneries of meat, fruit,
vegetables, or fish, not including can manufacturing; cutting stone
or paving blocks, other than in quarries, with or without ma
chinery; installing electrical apparatus inside; installing firealarm apparatus inside; covering boilers or steam pipes; concrete
laying in floors, street paving, or sidewalks, not otherwise speci
fied; laying asphalt and other paving not otherwise specified;
including shop and yard; manufacturing canoes and rowboats;
well drilling; constructing and repairing of paving of bricks or
blocks; one and five-tenths per centum.
Class six.—Operating of laundries with power, dyeing, bleaching,
and cleaning works; manufacturing of furniture, show cases, office
and store furniture and fixtures; cabinetmaking; manufacture
of wire mattresses, bed springs, wooden coffins, caskets, rough
wooden boxes for coffins; building hothouses, working in food
stuffs, fruits, edible oils or vegetables, not otherwise classified;
operating flour mills, chop mills, feed mills; one and six-tenths per
centum.
Class seven.—Manufacturing wood fiber ware; installing auto
matic sprinklers or ventilating systems; setting glass; erecting fire
proof doors and shutters inside of buildings; operating tanneries,
sugar factories; beveling glass; manufacturing peat fuel; building
wooden stairs; manufacturing brick, including kilns and buildings
and diggings in pits, briquettes; brooms with sawmills, earthen
ware, fire clay, porcelain ware, pottery, tile, terra cotta; brush
making with sawmills; one and eight-tenths per centum.
Class eight.—Manufacturing of ammonia; operating water
works, gas works; grading, either of streets or otherwise, or
road making, without blasting; construction of plank road, plank
street, or plank sidewalk; operating creosoting works; pile treat
ing works; treating ties or other timber products; plumbing, both
at and away from the shop, including house connections, without
blasting; construction of waterworks, gas works, and coke ovens,
including laying of mains and connections, without blasting; one
and nine-tenths per centum.
Class nine.—Manufacturing artificial ice; operating refrigerator
plants, cold-storage plants, foundries, packing houses, including
slaughtering; manufacturing agricultural implements, threshing
machinery, traction engines, harvesting machinery; manufactur
ing asphalt; operating steam heating and power plants; manu
facturing gas or gasoline engines; operating ferries; stone crush
ing, not at quarries; boat or ship building, other than canoes or
rowboats, without scaffolds; laying hot flooring composition, not
otherwise specified; operating stockyards; two per centum.
Class ten.—Operating paper mills, pulp mills; longshoring;
stevedoring; manufacturing fertilizers; operating garbage works;
incinerators, crematories, lime kilns, or burners, no quarrying;
installing boilers, steam engines, dynamos, machinery, not other
wise specified; putting up belts for machinery; manufacturing
barrels, kegs, pails, staves, tubs, excelsior, veneer, packing cases,
sash, doors, and blinds; operation and maintenance of interurban
railways without third rail; two and two-tenths per centum.
Class eleven.—Millwrighting, not otherwise specified; manu
facturing building material, not otherwise specified; working in
building material, not otherwise specified; two and one-quarter
per centum.
COMPENSATION LEGISLATION, 1914, 1915— MONTANA.
Class twelve.—Operation of smelters; manufacturing of metal
lic coffins; manufacturing of iron or steel; boat or ship rigging;
planing mills; independent; cement manufacturing; operating
blast furnaces; two and three-tenths per centum.
Class thirteen.—Street or road making, with blasting; manu
facturing wood baskets, kindling wood, window and door screens,
cordage, and rope; manufacturing and refining o il; placing wires
in conduits; two and four-tenths per centum.
Class fourteen.—Concentrating and amalgamating of ores;
woodworking, not otherwise specified; operating gravel bunkers;
hauling gravel; operating gravel pits; operating wood saws; paint
ing, exterior work; operating boiler works; making steam shovels;
boilers; shipwrighting; operating sawmills, lath mills; bridgework factories; operation of and work in mines, other than coal;
two and five-tenths per centum.
Class fifteen.—Operating rolling mills; manufacturing tanks,
not otherwise specified; erecting and repairing advertising signs;
harvesting and storing of ice, including.loading on cars; making
and repairing of locomotives and railroad cars; cutting stone at
stoneyards connected with quarries; boat or ship building with
scaffolds; logging operations, with or without machinery; boom
ing or driving logs, ties, or other timber products; operating shin
gle mills; operating quarries; two and three-quarters per centum.
Class sixteen.—Operating dredges; construction of telephone
and telegraph systems; construction of dams and reservoirs, elec
tric light and power plants, waterworks, and water systems; in
stalling furnaces; constructing blast furnaces; sewer building,
maximum depth of excavation at any point seven feet; operation
and maintenance of steam railways, including logging railways;
operating coal mines; three per centum.
Class seventeen.—Operating dry docks, including floating dry
docks; ornamental metal work within building; electric railway
construction, without rock work or blasting; railroad construction,
including street and cable railways, without rock work or blast
ing; building canals, without rock work or blasting; installing
freight or passenger elevators; operation of telephone and tele
graph systems; making dredges; constructing dry docks; three
and one-quarter per centum.
Class eighteen.—Carpenters not otherwise specified; construct
ing grain elevators, not metal framed; stump pulling with donkey
engines; steam, electric, and cable railway construction, with rock
work or blasting; construction of logging railways, with rock work
or blasting; operation and maintenance of electric railways using
third rail, and street railways, all systems, including electric and
cable; operation and maintenance of electric light and power
plants, including transmission systems and extensions of lines;
electric systems, not otherwise specified; three and one-half per
centum.
Class nineteen.—Pile driving; clearing land with blasting; gal
vanized iron or tin works; marble works; fireproofing of build
ings, by means of wire netting and concreting; cellar excavation,
with or without blasting; three and three-quarters per centum.
Class twenty.—Constructing breakwaters, marine railways and
jetties; installation and repair of electrical apparatus, not other
wise specified, outside work only; stamping of metal or tin; build
ing trestles and tunnels other than mining; shaft sinking, not
otherwise specified; four per centum.
Class twenty-one.—Moving safes, boilers, machinery; construc
tion of tanks, water towers, windmills, not metal frame; plumbers
making house connections with blasting; roof work; slate work;
stonework; stone setting; brickwork construction, not otherwise
specified; construction of canals, with rockwork or blasting; bridge
building, wooden; construction of floating docks; constructing
chimneys of metal or concrete; four and one-half per centum.
Class twenty-two.—Excavations, not otherwise specified; laying
of mains and connections, with blasting; sewer building, where
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BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
maximum depth of excavation at any point exceeds seven feet;
blasting, not otherwise specified; manufacturing fireworks; five
per centum.
Class twenty-three.—Erecting fire escapes, fireproof doors and
shutters outside of buildings; building concrete structures, not
otherwise specified; concrete or cement work not otherwise speci
fied ; six per centum.
Class twenty-four.—Constructing iron or steel frame structures
or parts; constructing and repairing steel frames and structures;
subaqueous work; caisson works; six and one-half per centum.
Class twenty-five.—House moving, house wrecking; construction
or repair of steeples; construction of brick chimneys; six and
three-quarters per centum.
Class twenty-six.—Manufacturing powder, dynamite, and other
explosives, not otherwise specified; ten per centum.
Class twenty-seven.—Any employer and his employees engaged
in nonhazardous work or employment, by their joint election, filed
with and approved by the board, may accept the provisions of com
pensation plan number three. In such event such employer and
employees shall be known as class twenty-seven, the rate of assess
ment in which shall be one-half of one per centum.
Separable oc(b) If a single establishment or work comprises several occucupations.
pations listed in section 40 (a) in different classifications, the
assessment shall be computed according to the pay roll of each
occupation if clearly separable, otherwise an average rate of as
sessment shall be charged for the entire establishment, taking into
consideration the number of employees and the relative hazards.
Revision o f
(c) The classification of hazardous occupations in section 40 (a)
rates.
and the rates of premium or assessment therein fixed are advisory
only, and the board is hereby given full power and authority to re
arrange, revise, add to, take from, change, modify, increase, or
decrease any classification or rate named in section 40 (a) as in its
judgment or experience may be necessary or expedient: Provided,
That no change in the classification or rates prescribed in sec
tion 40 (a) shall be made effective prior to the end of the first
fiscal year, and thereafter any changes so made shall not become
effective until thirty days after the date of the order or decision
of the board making such change except that in case of new in
dustries, or industries not enumerated in section 40 (a), the board
shall have the right to make an immediate classification thereof
and establish a rate therefor.
Common
(d) It is the intent and purpose of compensation plan number
fund*
three that each industry, trade, occupation, or employment com
ing under the provisions of said plan shall be liable and pay for
all injuries happening to employees coming under the provisions
of said plan, and that all funds collected by assessments as herein
provided shall be paid into one common fund to be known as the
industrial accident fund, which fund shall be devoted exclusively
to the payment of all valid claims for injuries happening in each
industry, trade, occupation, or employment coming under the proSeparate ac-visions of compensation plan number three: Provided, That ac
counts.
counts shall be kept with each industry, trade, occupation, or em
ployment in according [accordance] with the foregoing classifica
tion or otherwise, as the board may direct, both as to receipts and
disbursements, for the purpose of providing information and sta
tistics necessary for determining any changes in such rates or
classifications.
Initial pay- (e) There shall be collected from all classes as initial payment
ments.
into the industrial accident fund, on or before the fifteenth day of
July, 1915, one-fourth of the premium of assessment for that
fiscal year and one-twelfth thereof at the first of each month be
ginning with October first, 1915: Provided, That if such fund
shall have a sufficient balance on hand at the end of the first
three months, or any month thereafter, to meet the requirements
of the industrial accident fund, no assessment shall be called for
such month.
COMPENSATION LEGISLATION,
1914, 1916— M ONTANA.
265
( f ) The first payment shall be collected upon the pay roll of Collection,
the months of April, May, and June, 1915. At the end of each
calendar year an adjustment of the account shall be made upon
the basis of the actual pay roll. Any shortage shall be made good
within thirty days thereafter. Every employer who shall enter
into business at any intermediate day shall make his payments in
the same manner and upon the same basis before commencing op
erations ; the amount of such payments shall be calculated upon
his estimated pay roll, and an adjustment shall be made on or
before February first in the year following, in the manner above
provided.
(g) Any employer who is in default in the observance of any Employers in
order of the board, issued pursuant to the provisions of sections de a
40 (a) to 40 (f), inclusive, shall, in addition to any other penalty
provided by this act, be charged an advance of twenty-five per
centum over the established rate, and such advanced rate shall
continue and be in force until such employer shall have ceased
to be in such default.
(h) Any change in classification of risks or premium rates, or E q u a liz a any change caused by change in the class of work, occurring dur- tions.
ing the calendar year, shall be equalized by the board within
thirty days after the end of such year in proportion to its dura
tion in accordance with the schedules provided in this act.
(i) If at the end of any year it shall be seen that the contribu- Deficiencies,
tion to the industrial accident fund by any class of industry shall
be less than the drain upon such fund on account of that class,
the deficiency shall be made good to the fund on the first day of
February of the following year by the employers of that class in
proportion to their respective payments for the previous year.
(j) Upon the happening of an accident where death or the Segregation
nature of the injury renders the amounts of future payments cer- of funds,
tain or reasonably certain, the board shall forthwith cause the
treasurer of the board to set apart out of the industrial accident
fund a sum of money, to be calculated on the basis of the maxi
mum sum required to pay the compensation accruing on account
of such injury, which will meet such required payments, not
exceeding, however, the sum of four thousand dollars for any one
case.
(k) The treasurer of the board shall invest such reserve in Investment
bonds of the United States, bonds of the State of Montana, or o£ reserves*
bonds of any county, city, or school district in the State of Mon
tana, or any other security which may be approved by said board,
and out of the same and its earnings shall be paid the monthly in
stallments and any lump sum then or thereafter arranged for the
case. Any deficiency shall be made good out of and any balance
or overplus shall revert to the industrial accident fund.
(1)
The treasurer of the board shall keep an accurate account Accounts,
of all such segregations of the industrial accident fund, and upon
direction of the board shall divert from the main fund any sums
necessary to .meet monthly payments, pending the conversion into
cash of any security, and in such case shall repay the same out of
the cash realized from the security.
(m) If any employer shall default in any payment to the in- D efa u lted
dustrial accident fund, the sum due may be collected by an action payments,
at law in the name of the State, and such right of action shall be
cumulative.
(n) For any injury happening to any of his workmen during Injuries durdefault in any payment to the industrial accident fund, the de-ing default*
faulting employer as to such injury shall be considered as having
elected not to come under the provisions of this act, except that
he shall be and remain liable to pay to the industrial accident
fund the amount of such default, together with the penalty pre
scribed by section 40 (g).
(o) The person entitled to sue under the provisions of section Options.
40 (n) shall have the option of proceeding by suit or taking
under this act. If such person take under this act, the cause of
action against the employer shall be assigned to the State for the
266
BULLETIN OP THE BUREAU OP LABOR STATISTICS.
benefit of the industrial accident fund. If such person shall elect
to proceed against the defaulting employer, such election shall con
stitute a waiver of any right to compensation under the provisions
of this act.
A ssig n ed (p) Any cause of action assigned to the State under the pre
causes.
ceding section may be prosecuted or compromised by the board,
in its discretion.
Claims.
(q) Where a workman is entitled to compensation under com
pensation plan number three, he shall file with the board his ap
plication therefor, together with the certificate of the physician
who attended him, and it shall be the duty of such physician to
lend all necessary assistance in making application for compensa
tion and such proof of other matters as may be required by the
rules of the board without charge to the workman.
Physician’ s
(r) For a proper compliance with the provisions of the prefees*
ceding section the physician, after approval by the board, shall
be paid out of the industrial administration fund one and one-half
dollars for each case.
Deathclaims, (s) Where death results from the injury the parties entitled
to compensation under compensation plan number three, or some
one in their behalf, shall make application for the same to the
board. The application must be accompanied with proof of death
and proof of relationship, showing the parties entitled to com
pensation, certificate of the attending physician, if any, and such
other proof as may be required by the rules of the board.
Computing (t) In computing the pay roll the entire compensation received
pay rou.
by every workman employed in the hazardous occupations enumer
ated in this act shall be included, whether it be in the form of
salary, wage, piecework, overtime, or any allowance in the way of
profit-sharing premium or otherwise, and whether payable in
money, board, or otherwise.
Disburse- (u) Disbursements out of the industrial accident fund shall be
ments.
made by the treasurer of the board as the board may order. If
at any time there shall not be sufficient money in the accident
fund with which to pay any warrants drawn thereon, the em
ployer, on account of whose workmen the warrant was drawn, shall
pay the same, and upon his next contribution to such fund he
shall be credited with the amount so paid with interest thereon at
the rate of six per centum per annum from the date of such pay
ment to the date upon which the next assessment becomes pay
able, and if the amount of the credit exceeds the amount of such
assessment, he shall have a warrant upon such fund for the ex
cess, and if said warrant be not paid for want of funds it shall be
credited to such employer and be applied upon succeeding assess
ments.
interest earn- (v) All earnings made by the industrial accident fund by reason
gS’ etc*
of interest paid for the deposit thereof or otherwise shall be
credited to and become a part of said fund, and the making of
profit, either directly or indirectly, by the treasurer of the board*
or any other person, out of the use of the accident fund shall con
stitute a felony, and on conviction thereof shall subject the person
making such profit to imprisonment in the State penitentiary for
a term not exceeding two years, or a fine not exceeding five thou
sand dollars, or both such fine and imprisonment, and the treasurer
of the board shall be liable upon his official bond for all profits
realized for any unlawful use of the said fund.
P art V .
s a f e t y p r o v is io n s .
Safe place.
Section 50. (a ) No employer shall construct, maintain, or oper
ate, or cause to be constructed, maintained, or operated any place
o f employment that is not safe.
R em o v in g
(b) No employee shall remove, displace, damage, destroy, or
safety devices, carry off any safety device or safeguard furnished and provided
for use in any employment or place of employment, or interfere
COMPENSATION LEGISLATION, 1914, 1915— MONTANA.
267
in any way with the use thereof by any other person, or interfere
with the nse of any method or process adopted for protection of
any employee in such employment or place of employment, or
fail or neglect to do anything reasonably necessary to protect the
life and safety of himself and other employees.
(c) The board is vested with full power and jurisdiction over Power of
and shall have such supervision of every employment and place board:
of employment in this State as may be necessary adequately to
enforce and administer all laws and all lawful orders requiring
such employment and place of employment to be safe and requiring Place;
the protection of the life and safety of every employee in such
employment or place of employment.
(d) The board shall have power, in addition to other powers Safety deherein granted, by general or special orders, rules, or regulations Standardsa
or otherwise:
1. To declare and prescribe what safety devices, safeguards, or
other means or methods of protection as are well adapted to
render employees and places of employment safe.
2. To fix such reasonable standards and to prescribe, modify,
and enforce such reasonable orders for the adoption, installation,
use, maintenance, and operation of safety devices, safeguards, and
other means and methods of protection as may be necessary for the
protection of the life and safety of employees.
3. To fix and order such reasonable standards for the construc
tion, repair, and maintenance of places of employment as shall
render them safe.
4. To require the performance of any act necessary for the pro
tection of life and safety of employees.
5. To declare and prescribe the general form of industrial acci- A ccid ent re
dent reports, the accidents to be reported and the information to ports.
be furnished in connection therewith, and the time within which
such reports shall be filed. Nothing in this act contained shall
be construed to prevent the board from requiring supplemental
accident reports: Provided, however, That where by the laws of
the State of Montana the manner or method of carrying on any
business, or the rules or regulations in relation thereto, or the
character or kind of safety devices has been prescribed, no other
or additional requirements shall be made by the board, but it
shall be the duty of the board to see that the employer lives up
to and obeys said laws.
(e) Upon the fixing of a time and place for the holding of a Notice of
hearing for the purpose of considering and issuing a general hearings,
safety order or orders, the board shall cause a notice of such hear
ing to be published in one or more daily newspapers of general
circulation, published and circulated in the State. No defect or
inaccuracy in such notice or in the publication thereof shall in
validate any general order issued by the board after a hearing
has been had.
Sec. 51. (a) After July 1, 1915, every place of employment of Inspections.
a work or occupation defined by sections 4 (a), 4 (b), 4 (c), 4 (d),
4 (e), and 5 of this act to be hazardous shall be inspected at least
once during each year by an inspector or examiner appointed by
the board. Such inspection shall be for the purpose of determin
ing the condition and operation of such places of employment as
regards the safety of employees working therein, and the use of
safeguards, safety appliances, and reasouably safe tools and appli
ances.
(b) A report of such inspection shall be filed in the office of the Reports.
board, and a copy thereof given the employer.
(c) Each place of employment inspected as provided in section C ertificates.
51 (a) and found in a satisfactory condition shall receive from
the board, upon payment of the inspection fees hereinafter pro
vided for, a certificate to that effect, which certificate must be
prominently displayed, under glass, in one of the principal places
of the establishment so inspected.
268
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
(d) If after such inspection and report thereof to the board it
shall be found that any such place of employment is not con
structed, maintained, or operated as provided in this act, the
board shall order the installation, use, maintenance, and operation,
within such reasonable time as the board may direct, of such
safety devices, safeguards, and other means and methods of pro
tection as may be necessary to reasonably insure the safety of
the workmen employed therein, subject to the provisions of sec
tion 51 (e).
Closing place
(e) If after such inspection the board or any inspector or exo f work.
aminer thereof shall find such place of employment in such an
unsafe condition as to constitute an immediate menace to the
safety of the workmen employed therein, the board, or any in
spector or examiner thereof, may order any such place of em
ployment closed, or the work therein to cease, until such safety
devices, safeguards, and other means and methods or changes or
removals as may be ordered by the board, or any inspector or ex
aminer thereof, shall have been installed, repaired, changed, or
removed, and such place of employment put in such condition aa
will reasonably insure the safety of the workmen employed
therein.
Fees.
Sec. 52. (a) For each annual inspection made under the pro
visions of this section the employer shall pay, at the time of such
inspection, a fee of five cents for each one thousand dollars or
fraction thereof of his annual pay roll for the preceding year:
Provided, That no inspection fee under this section shall be less
than five dollars.
(b)
The fees for any subsequent or reinspection made during
any year in which an annual inspection shall have been made
shall be:
Where the annual pay roll for the preceding year shall have
been not more than twenty-five thousand ($25,000) dollars, five
($5) dollars.
Where the annual pay roll for the preceding year shall have
been more than twenty-five thousand ($25,000) dollars but not
more than one hundred thousand ($100,000) dollars, ten ($10)
dollars.
Where the annual pay roll for the preceding year shall have
been more than one hundred thousand ($100,000) dollars but not
more than five hundred thousand ($500,000) dollars, twenty ($20)
dollars.
Where the annual pay roll for the preceding year shall have
been more than five hundred thousand ($500,000) dollars but not
more than one million ($1,000,000) dollars, forty ($40) dollars.
Where the annual pay roll for the preceding year shall have
been more than one million ($1,000,000) dollars, fifty ($50)
dollars.
Funds go to
(c) All fees received by the board for inspection or for subsetrcasurer.
quent or reinspection, and all fines imposed or collected for a vio
lation of the safety provisions of this act, shall be paid monthly
to the State treasurer, who shall credit such payments to the
industrial administration fund.
O rders of
Sec. 53. (a) Whenever the board shall find that any employboard.
ment or place of employment is not safe, or that the practice or
means or methods of operation or processes employed or used in
connection therewith are unsafe, or do not afford adequate protec
tion to the life and safety of employees in such employments and
places of employment, the board shall make and enter and serve
such order relative thereto as may be necessary to render such
employment or place of employment safe and protect the life
and safety of the employees in such employments and places of
employment, and may in said order direct that such additions,
repairs, improvements, or changes be made; and such safety de
vices and safeguards be furnished, provided, and used as are
reasonably required to render such employment or places of em
ployment safe, in the manner and within the time specified in such
order.
Orders.
COMPENSATION LEGISLATION, 1914, 1915— MONTANA.
269
( b ) T h e b o a rd m ay, u pon a p p lica tion o f any em p loy er o r oth er
Tim e fo r
p e rso n a ffe cte d th ereby, g ra n t su ch tim e a s m a y rea son a b ly b e comP ncen e ce ssa ry f o r com p lia n ce w ith a n y ord er, a n d a n y p erson a ffe cte d
by such order may petition the board for an extension of time,
which the board shall grant if it finds such an extension of time
necessary.
(c) Whenever the board shall learn or have reason to believe investiga,that any employment or place of employment is not safe or is tions.
injurious to the welfare of any employee it may summarily in
vestigate the same, with or without notice or hearings, and enter
and serve such order as may be necessary relative thereto.
(d) Every employer, employee, and other person shall obey and Compliance,
comply with each and every requirement of every order, decision,
direction, rule, or regulation made or prescribed by the board,
and shall do everything necessary or proper in order to secure
compliance with and observance of every such order, decision, rule,
or regulation.
(e) Nothing contained in this act shall be construed to deprive p o w e r s o f
any other public corporation, board, or department of any power other boards,
or jurisdiction over or relative to any place of employment: Pro-etc*
vided, That whenever the board shall by order fix a standard of
safety for employments or places of employment such order shall,
upon the filing by the board of a copy thereof with the secretary
or clerk of any such public corporation to which or within whose
jurisdiction it may apply, establish a minimum requirement con
cerning the matters covered by such order, and shall be construed
in connection with any local order relative to the same matter and
to amend or modify any requirement in such local order not up
to the standard of the order of the board.
(f) Every order of the board, general or special, its rules or p r e S u m p regulations, findings or decisions, shall be admissible in evidence tions as to orin any prosecution for, or suit to prevent, the violation of any of ders.
the provisions of this act, and shall be presumed to be reasonable.
This presumption is, however, a rebuttable presumption.
(g) The board may investigate the cause of all industrial ac- i n v e s t i g a cidents occurring in any employment or place of employment, or tions o f accidirectly or indirectly arising from or connected therewith, result- dents.
ing in personal injury or death; and the board shall have the
power to make such orders or recommendations with respect to
such accidents as may be just and reasonable: Provided, That
neither the order nor the recommendation of the board, nor any
accident report filed with the board, shall be admitted as evidence
in any action for damages, or any proceeding to recover com
pensation, based on or arising out of such injury or death.
(h) If by reason of poor or careless management or otherwise increase o f
any place of employment be unduly dangerous, in comparison prem ium rates,
with other like places of employment, and the employer operating
the same shall not have complied with the safety provisions of
this act, and such employer shall be under compensation plan
number three, the board, in addition to any other penalty pro
vided by this act, shall advance the rate upon such place of em
ployment fifty per centum, and such advanced rate shall continue
and be in force until such place of employment shall have ceased
to be unduly dangerous in comparison with other like places of
employment, and such employer shall have obtained a certificate
of the inspector or examiner provided for herein.
Sec. 54. Every employer, employee, or other person who either V iolations,
individually or acting as an officer, agent, or employee of a cor
poration or other person violates any safety provisions contained
in this act, or any part of any such provision, or who shall fail
or refuse to comply with any such provision or any part thereof,
or who directly or indirectly knowingly induces another so to do, is
guilty of a misdemeanor.
Sec. 55. (a) Whenever in this act the inspection of mines is Inspection o f
referred to, such inspection shall be made by the inspector 0f mines*
mines or his deputy, and nothing in this act contained shall be
270
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
construed as modifying or limiting in any way the duties required
to be performed by the inspector of mines as may be otherwise
provided by law: Provided, however, That the inspector of mines
shall collect and account for the fees herein prescribed for inspec
tion or subsequent or reinspection.
No rule, regulation, or requirement relating to the operation
of mines within the State of Montana made by said board shall be
lawful or valid unless the same shall be concurred in and approved
by the State mine inspector, and shall have been within the power
of the said State mine inspector to make in the first instance.
Orders.
(b) A copy of any order, direction, or requirement of the in
spector of mines shall be filed with the board and shall thereupon
become and have all the force and effect of an order of the board,
subject only to review by the court as in this act provided.
Repealer.
Sec. 56. All acts and parts of acts in conflict herewith are
hereby repealed.
Act in effect Sec. 57. This act shall be in full force and effect from and after
its passage and approval.
Approved March 8, 1915.
NEVADA.
ACTS OF 1913.
Chapter 111.—Compensation of workmen, for injuries.
Section 1 (as amended by chapter 190, Acts of 1915). (a) Ex E lection pre
cept as by this act otherwise provided, it shall be conclusively sumed, when.
presumed that every employer, as defined by this act, has elected
to provide, secure, and pay compensation according to the terms,
conditions, and provisions of this act for any and all personal in
juries by accident sustained by an employee arising out of and in
the course of the employment; and in such cases the employer
shall be relieved from other liability for recovery of damages or Effect.
other compensation for such personal injury unless by the terms
of this act otherwise provided.
(b) Where the State, county, municipal corporation, school State, e t c . ,
district, cities under special charter and commission form of gov employees.
ernment, or contractors under the State, county, municipal cor
poration, school district, or cities under special charter or com
mission form of government is the employer, the terms, condi
tions, and provisions of this act for the payment of compensa
tion and amount thereof for such injury sustained by an employee
of such employer shall be exclusive, compulsory, and obligatory
upon both employer and employee.
(c) If an employer having the right under the provisions of E m p l o y e r s
g sys
this act to elect to reject the terms, conditions, and provisions rejectin
tem.
thereof, and in such cases exercises the right in the manner and
form by this act provided, such employer shall not escape liability
for personal injury sustained by an employee of such employer
when the injury sustained arises out of and in the usual course of
the employment, because:
(1) The employee assumed the risks inherent or incidental to Defenses ab
or arising out of his or her employment, or the risks arising from rogated.
the failure of the employer to provide and maintain a reasonably
safe place to work, or the risks arising from the failure of the em
ployer to furnish reasonably safe tools or appliances, or because
the employer exercised reasonable care in selecting reasonably
competent employees in the business;
(2) That the injury was caused by the negligence of a coem
ployee ;
(3) That the employee was negligent, unless and except it shall
appear that such negligence was willful and with intent to cause
the injury, or the result of intoxication on the part of the injured
party;
(4) In actions by an employee against an employer for per P r e s u m p
t i o n s as to
sonal injuries sustained arising out of and in the course of the negligence.
employment where the employer has elected to reject the provi
sions of this act, it shall be presumed that the injury to the em
ployee was the first result, and growing out of the negligence of
the employer, and that such negligence was the proximate cause
of the injury; and in such case the burden of proof shall rest upon
the employer to rebut the presumption of negligence.
Every such employer shall be conclusively presumed to have E lection pre
elected to provide, secure, and pay compensation to employees for sumed.
injuries sustained arising out of and in the course of the employ
ment according to the provisions of this act, unless and until
notice in writing of an election to the contrary shall have been
given to the employee by posting the same in some conspicuous
271
272
BULLETIN OP THE BUREAU OF LABOR STATISTICS.
place at the place where the business is carried on, and also by
filing notice with [the] Nevada Industrial Commission, with return
thereon by affidavit, showing the date notice was posted, as by
this act provided, substantially in the following form :
employee’ s notice to eeject.
N otice to
T o the employees of the undersigned, and the Nevada Industrial
Commission:
re- You and each of you are hereby notified that the undersigned
rejects the terms, conditions, and provisions to provide, secure,
and pay compensation to employees of the undersigned for in
juries received as provided in the act of the Legislature of the
State of Nevada known as the Nevada industrial insurance act,
and elects to pay damages for personal injuries received by such
employees under the common law and the statutes of this State
modified by subdivisions 1, 2, 3, and 4 of section 1 of said Nevada
industrial insurance act and acts amendatory thereto.
( S i g n e d ) ------------------ .
State of Nevada, county o f -------- , ss.
The undersigned, being duly sworn, deposes and says that a
true, correct, and verbatim copy of the foregoing notice was on
the------day o f --------- , 19----- , posted a t -------- (state fully place
where posted).
Subscribed and sworn to before me by -------- this ------ day
------------- ------9 Notary Public.
The employer shall keep such notice posted in some conspicuous
place which shall apply to the employees subsequently employed
by the employer with the same force and effect and to the same
extent and in like manner as employees in the employ at the time
the notice was given.
Construe- Where neither the employer nor the employee has given notice
tracts ° f con’
an election to reject the terms of this act every contract of hire,
express or implied, shall be construed as an implied agreement
between them, and a part of the contract on the part of the em
ployer to provide, secure, and pay, and on the part of the employee
to accept, compensation in the manner as by this act provided for
all personal injuries sustained arising out of and in the course of
the employment.
in ju ries not
Sec. 2. No compensation under this act shall be allowed for an
compensated, injury caused:
(a)
By the employee’s willful intention to injure himself or
to willfully injure another, nor shall compensation be paid to an
injured employee if injury is sustained while intoxicated.
Remedy exsEC. 3. (a) The rights and remedies provided in this act for
elusive.
an empXoyee on account of an injury shall be exclusive of all
other rights and remedies of such employee, his personal or legal
representatives, dependents or next of kin, at common law or
otherwise on account of such injury; all employees affected by this
act shall be conclusively presumed to have elected to take comE iection bypensation in accordance with the terms, conditions, and proempioyees.
visions of this act until notice in writing shall have been served
upon his employer, and also on the Nevada Industrial Commis
sion, with return thereon by affidavit showing the date upon which
notice was served upon the employer.
Suits.
(b) In the event that such employee elects to reject the terms,
conditions, and provisions of this act, the rights and remedies
thereof shall not apply where an employee brings an action or
takes proceedings to recover damages or compensation for injuries
received growing out of and in the course of his employment, ex
cept as otherwise provided by this act; and in such actions where
the employee has rejected the terms of this act the employer
shall have the right to plead and rely upon any and all defenses,
including those at common law, and the rules and defenses of
COMPENSATION LEGISLATION, 1914, 1915— NEVADA,
273
contributory negligence, assumption of risk and fellow servant
shall apply and be available to the employer unless otherwise pro
vided in this act: Provided, however, That if an employee sustains
an injury as the result of the employer’s failure to furnish or
fails to exercise reasonable care to keep or maintain any safety
device required by statute or rule, or violate any of the statutory
provisions or rules and regulations now or hereafter in force
relating to safety of employees, the doctrine of assumed risk in Assumed
such case growing out of the negligence of the employer shall not risks,
apply or be available as defensive matter to such offending party.
The notice required to be given by an employee shall be substan
tially in the following form:
em pl o y e e s ’
n otice to r e je c t
term s
op t h i s
act.
To (name of employer) and the Nevada Industrial Commission:
You and each of you are hereby notified that the undersigned Employee’ s
elects to reject the terms, conditions, and provisions of an act reJection*
for the payment of compensation as provided by the industrial
insurance act of the State of Nevada and acts amendatory
thereto, and elects to rely upon the common law as modified by
section 3 of the said act for the right to recover for personal
injury which I may receive, if any, growing out of and arising
from the employment while in line of duty for my employer
above named.
Dated this----- day o f --------- , 19—.
(Signed)
-------- --------- .
State of Nevada, County o f -------- , ss.
The undersigned, being first duly sworn, deposes and says that
the written notice was on the — day o f ----- , 19—, served on the
within-named employer of the undersigned by delivering t o -------(name of person served) -------- a true, correct, and verbatim
copy thereof.
Subscribed and sworn (or affirmed) to before me by the said
------------------ th is-------day o f -------, 19—.
------------------ , Notary Public.
S ec . 4 (as amended by chapter 190, Acts of 1915). (a) When Termofeleethe employer or employee has given notice, in compliance withtionthis act, electing to reject the terms thereof, such election shall
continue and be in force until such employer or employee shall
thereafter elect to come under the provisions of this act as pro
vided in subsection (b) of this section.
(b)
When an employer or employee rejects the terms, con- waiver,
ditions, or provisions of this act, such party may at any time
thereafter elect to waive the same by giving notice in writing
in the same manner required of the party in electing to reject
the provisions of this act, and which shall become effective when
filed with the Nevada Industrial Commission.
S e c . 5. Where the employer and employee elect to reject the
R ejection by
terms, conditions, and provisions of this act, the liability of the both parties,
employer shall be the same as though the employee had not re
jected the terms, conditions, and provisions thereof.
S ec . 6. An employer having come under this act, who there- P r i o r p r e after elects to reject the terms, conditions, and provisions thereof, m i « m p a y *
shall not be relieved from the payment of premiums to Nevada me
Industrial Commission prior to the time his notice of rejection
becomes effective; and said premiums may be recovered in an
action at law as hereinafter in this act provided.
S ec . 7. W h e n an em p loyee com in g u n d er th e p r o v is io n s o f th is
L iability o f
a c t re ce iv e s an in ju r y f o r w h ich com p en sa tion is p a y a b le u n d er third persons,
th is a ct, a n d w h ich in ju r y w a s ca u sed u n d er circu m sta n ces cre a t
in g a le g a l lia b ility in som e p erson oth e r th a n th e em p loyer, t o
p a y d a m a ges in re sp ect t h e r e o f :
(a)
The employee or beneficiary may take proceedings against
that person to recover damages, but the amount of the compen7044°—Bull. 185—15----- 18
274
BULLETIN OP THE BUREAU OF LABOR STATISTICS.
sation to which he is entitled under this act shall be reduced by
the amount of the damages recovered.
(b)
If the employee or beneficiary in such case receives com
pensation under this act, the Nevada Industrial Commission, by
whom the compensation was paid, shall be entitled to indemnity
from the person so liable to pay damages as aforesaid, and shall
be subrogated to the rights of the employee to recover therefor.
C ontractors,
(c) No contractor or subcontractor shall be entitled to receive
compensation under this act, but shall be deemed to be an em
ployer.
industrial
S e c . 8 (as amended by chapter 190, Acts of 1915). (a) The adcomm ission.
ministration of this act on and after April 1, 1915, is hereby im
posed upon a commission to be known as the “ Nevada Industrial
Commission,” and said commission, to consist of three commis
sioners, is hereby created. The governor, attorney general, and
Koard of ap- inspector of mines shall constitute an industrial commission board
pointment.
for the appointment of such commissioners. Vacancies shall be
filled in the same manner for unexpired terms. No more than
two of the commission shall be members of the same political
party at the date of any appointment. Bach commissioner shall
hold office for the term of four years from and after date of his
appointment, and until his successor shall be appointed and shall
have qualified. One commissioner shall be designated by the gov
ernor to be, and upon being so designated shall be, chairman of
the commission. A decision on any question arising under the
act concurred in by two of the commissioners shall be the decision
of the commission.
Removal o f
(b) The industrial commission board may remove any commembers.
missioner for inefficiency, neglect of duty, or misconduct in office,
giving him a copy of the charges against him and an opportunity
of being publicly heard in person or by counsel in his own defense
upon not less than ten days* notice. If such commissioner shall be
removed, the industrial commission .board shall file in the office
of the secretary of state a complete statement of all charges made
against such commissioner, and the findings thereon, together with
a complete record of the proceedings.
Salaries.
(c ) Each comm
@FedFRASER