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UNITED STATES DEPARTMENT OF LABOR
JAMES J. DAVIS, Secretary
BUREAU OF LABOR STATISTICS
ETHELBERT STEWART, Commissioner
BULLETIN OF THE UNITED STATES \
BUREAU OF L A B O R S T A T IS T I C S /
* * ’
# llO *
AA £
fIJJO
WORKMEN’S COMPENSATION AND INSURANCE SERIES
WORKMEN’S COMPENSATION LEGISLATION
OF THE UNITED STATES AND CANADA
AS OF JANUARY 1, 1929
WITH TEXT OF LEGISLATION
ENACTED IN 1927 AND 1928
NOVEMBER, 1929
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1929
For sale by the Superintendent of Documents, Washington, D. C.
Price 55 cents
ACK N O W LED G M EN T
This bulletin was prepared by Daniel F. Callahan and Charles F.
Sharkey, of the United States Bureau of Labor Statistics,
ii
CONTENTS
Page
Introduction - ______________________________________________________________
Part I.— Comparison of workmen’s compensation laws of the United
States:
Introduction__________________________________________________________
Progress of legislation_________________________________________________
Types of laws_________________________________________________________
Comparison of compensation and insurance systems_________________
Scope or coverage________________________________________________
Hazardous employments____________________________________
Numerical exemptions_______________________________________
Agriculture and domestic service____________________________
Public employment__________________________________________
Other exclusions_____________________________________________
Occupational diseases_____________________________________________
Election______________________________________ i ___________________
Suits for damages________________________________________________
Waiting time_____________________________________________________
Compensation scale _________ ____________________________________
Per cent of wages____________________________________________
Maximum term and amount________________________________
Weekly maximum and minimum____________________________
Partial disability_____________________________________________
Medical benefits______________ ___________________________________
Administration and settlement of claims_________________________
Accident reporting and prevention_______________________________
Nonresident alien dependents____________________________________
P art II.— Comparison of workmen's compensation laws of Canada:
Progress of legislation_________________________________________________
Canadian and United States laws compared__________________________
Comparison of compensation and insurance systems_____________ ___
Scope or coverage________________________________________________
Occupational diseases_____________________________________________
Waiting time_____________________________________________________
Compensation scale______________________________________________
Administration and settlement of claims_________________________
Accident reporting and prevention_______________________________
Nonresident alien dependents____________________________________
Part III.— Analysis of the principal features of the legislation of the
United States, 1927-28___________ __________________________________
Alaska_________________________________________________________________
Arizona________________________________________________________________
California____________________________________________=
_________________
Colorado_______________________________________________________________
Connecticut___________________________________________________________
Delaware______________________________________________________________
District of Columbia__________________________________________________
Hawaii________________________________________________________________
Idaho__________________________________________________________________
Illinois_________________________________________________________________
Indiana________________________________________________________________
Iowa___________________________________________________________________
Kansas________________________________________________________________
Louisiana______________________________________________________________
Maine_________________________________________________________________
Maryland______________________________________________________________
M assachusetts______ _______________ _________________ ________________
in
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5
7
10
10
12
12
12
13
13
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14
14
15
16
16
16
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IV
CONTENTS
Page
P art I II .— Analysis of the principal features of the legislation of the
United States, 1927-28— Continued.
Michigan______________________________________________________________
Minnesota.____________________________________________________________
Nebraska. _ ___________________________________________________________
Nevada________________________________________________________________
New Jersey____________________________________________________________
New Mexico___________________________________________________________
New York_____________________________________________________________
North Dakota_________________________________________________________
Oregon _______________________________________________________________
Pennsylvania___________________________________ ______________________
Philippine Islands_____ _______________________________________________
Porto Rico_____________________________________________________________
Rhode Island__________________________________________________________
South Dakota_________________________________________________________
Tennessee______________________________________________________________
Texas__________________________________________________________________
Vermont_______________________________________________________________
Virginia________________________________________________________________
Washington____________________________________________________________
Wisconsin________________________________________________ _____________
Wyoming______________________________________________________________
United States:
Civil employees___________________________________________________
Longshoremen and harbor workers______________________________
Part IV.— Analysis of the principal features of the legislation of Canada,
1927-28_____________________________________________________________
Alberta________________________________________________________________
British Columbia______________________________________________________
Nova Scotia___________________________________________________________
Ontario________________________________________________________________
Quebec________________________________________________________________
P art V.— Text of workmen’s compensation legislation of the United
States, 1927-28_____________________________________________________
Alaska_________________________________________________________________
Arizona------------------------------------------------------------------------------------------------California______________________________________________________________
Colorado_______________________________________________________________
Connecticut___________________________________________________________
Delaware______________________________________________________________
District of Columbia__________________________________________________
Hawaii_________________________________________________________________
Idaho__________________________________________________________________
Illinois_________________________________________________________________
Indiana__________________________________ ______________________________
Iowa___________________________________________________________________
Kansas_________________________________________________________________
Louisiana______________________________________________________________
Maine_________________________________________________________________
Maryland______________________________________________________________
Massachusetts_________________________________________________________
Michigan______________________________________________________________
Minnesota_____________________________________________________________
Nebraska______________________________________________________________
Nevada________________________________________________________________
New Jersey____________________________________________________________
New Mexico___________________________________________________________
New York_____________________________________________________________
North Dakota_________________________________________________________
Oregon_________________________________________________________________
Pennsylvania__________________________________________________________
Philippine Islands_____________________________________________________
Porto Rico_____________________________________________________________
Rhode Island__________________________________________________________
South Dakota.........................................................................................................
39
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141
150
165
168
V
CONTENTS
Page
P a r t V .— Text of workmen’s compensation
P
legislation of the United
States, 1927-28— Continued.
Tennessee__________________________________________________________ ___
Texas__________________________________________________________________
Vermont_______________________________________________________________
Virginia_____________________________________________________________ _
Washington___________________________________________________________
Wisconsin_____________________________________________________________
Wyoming_____________________________________________________________ _
United States:
Civil employees___________________ _______________________________
Longshoremen and harbor workers______________________________
a r t V I.— Text to workmen’s
compensation legislation of Canada,
1927-28_____________________________________________________________
Alberta________________________________________________________________
British Columbia______________________________________________________
Nova Scotia_____________________________________________________ ______
Ontario________________________________________________________________
Quebec________________________________________________________________
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233
BULLETIN OF THE
U. S. BUREAU OF LABOR STATISTICS
NO. 496
WASHINGTON
NOVEMBER, 1929
WORKMEN’ S COMPENSATION LEGISLATION OF THE UNITED STATES
AND CANADA AS OF JANUARY 1 ,1 9 2 9
INTRODUCTION
The present bulletin contains a discussion of the principal features
of the workmen’s compensation laws of the United States and Can
ada as of January 1, 1929. The material is presented in such form
as to make comparisons of the most important provisions as clear as
possible consistent with brevity.
Part I contains a discussion of the various laws in the United
States, with a chart as of January 1, 1929. Part II presents similar
material for Canada.
Parts I I I and IV contain an analysis of the principal features of
the legislation enacted during 1927 and 1928 in the United States
and Canada and Parts V and V I contain the text or abridgments of
legislation enacted during this period in the United States and Can
ada. Parts III, IV , V, and V I are essentially supplementary to
Bulletin No. 423 issued in 1926, which contains all the legislation in
force at the end of the year 1926.
Numerous changes have been made during 1927 and 1928. The
Congress of the United States enacted a longshoremen’s and harbor
workers’ compensation act and provided for the extension of the pro
visions of this act to the employers and employees of the District of
Columbia. The Philippines were added to the list of States and Ter
ritories having compensation legislation. The Legislatures of Alaska,
Kansas, Porto Rico, and Quebec enacted new workmen’s compensa
tion laws, and many important amendments were passed by the vari
ous other legislatures.
On account of the great length of many of the compensation laws
and the slight change affected by many of the amendments, it has
been thought sufficient in this supplemental bulletin to indicate minor
changes of phraseology and substance without a reproduction of the
entire text of the lengthy section or sections amended. This f acilitates
a comparison between the prior and the amended law, the effect of
the amendment being immediately evident. Where changes have been
more extensive it has been, of course, necessary to reproduce the
amended portion or portions.
1
PART I
COMPARISON OF WORKMEN’S COMPENSATION LAWS
OF THE UNITED STATES
3
COMPARISON OF THE LAWS
The adoption of workmen’s compensation for industrial injuries
in lieu of the rule of the employer’s liability for injuries due
to his negligence stands out in its effect on the status of the worker
as one of the most important legal-economic developments of modern
times, A right to relief based on the fact of employment, practically
automatic and certain, replaces the doubtful contest for a recovery
based on proof of the employer’s negligence and of the absence of the
common-law defenses.
Abroad, Germany in 1884 and Great Britain in 1897 and 1906
were influential in turning attention to the system of benefits for
injuries due to employment, not necessarily to a proved negligent act.
Laws of Maryland (1902, 1910) and Montana (1909) were results of
early efforts to enact State laws, but without adequate regard for
either legal or economic principles. The first official recognition of
the principle by the Congress of the United States was the Federal
act of 1908, providing limited benefits for designated classes of
employees of the United States; though acts of 1882 (Life Saving
Service) and 1900 (Postal Service) had made some provision of this
nature for the services indicated.
Concurrently with these dates the subject came to attract quite
general attention from State legislatures. Investigative commis
sions began to be provided for as early as 1903 (Massachusetts) and
1905 (Illinois), but no legislative results followed. Later commis
sions in both these States, and two and even three commissions in
others, indicate the degree of caution with which the approach was
made to the subject of compensation legislation. The following tables
show the progress of action, both in the appointment of commis
sions and in the enactment of laws :
T
able
1.—S T A T E S , E T C ., IN W H IC H C O M M IS S IO N S W E R E A P P O I N T E D
W H IC H C O M P E N S A T IO N LA W S W E R E E N A C T E D , B Y Y E A R S
State, etc.
Alabam a________ ____________
Alaska_____ ____ ______________
Arizona__ _________________
Arkansas________ ____________
California____________________
Colorado.
_ __________
Connecticut
Delaware
_
__________
District of Columbia:
Public em ployees________
Private employees_______
Georgia______________________
H aw aii______________________
Idaho_______________ _________
I l l i n o i s . . . . . ................................
Year
commis
sion was
appointed
Year
compen
sation
law was
enacted
1915
1919
1915
1912
1919
1911
1907
1911
1911
1915
1913
1917
1955
1919
1928
1920
1915
1917
1911
State, etc.
In d ia n a _____________________
Iowa__ _____________________
Kansas___ ___________________
K en tu cky___________________
L ou isia n a ___________________
M aine_______________________
M aryland...................................
Massachusetts_______________
M ichigan_____ _______________
Minnesota___________________
Missouri_____________________
M ontana____________________
AND
IN
Year
Year
commis com pen
sation
sion was
appointed law was
enacted
1913
1911
i 1915
1912
a 1913
1903
1911
3 1909
1910
U910
1915
1913
1911
/ 31914
\ 1916
1914
1915
1912
1911
1912
1913
f * 1919
1 1925
/ 3 1909
I 1915
5
6
T
W O R K M E N ’S COMPENSATION LAW S, UNITED STATES
able
l .- S T A T E S , E T C ., IN W H IC H C O M M IS S IO N S W E R E A P P O I N T E D A N D IN
W H IC H C O M P E N S A T IO N L A W S W E R E E N A C T E D , B Y Y E A R S —Continued
Year
commis
sion was
appointed
State, etc.
N ebraska..______ ____________
N evada___ ___________________
New Hampshire_____________
N ew Jersey......... .......................
N ew M e x i c o ..._____________
N ew Y ork___________________
North Dakota............................
Ohio____________ _____________
Oklahoma___________________
O regon..............._.......................
Pennsylvania.............................
Philippine Islands............... .
1911
1910
1909
1911
1910
»1911
1911
Porto R ico .................................
1913
Year
compen
sation
law was
enacted
1913
1911
1911
1911
1917
/ * 1910
\ 1913
1919
1911
1915
1913
1915
/ 1905
\ 1927
1916
1Voluntary.
2Law declared unconstitutional.
8Appointed b y the governor.
T a b l e 2 ,—N U M B E R
Year
1903_____
1905.............
1907..............
1908............ .
1909
..............
1910
1911..............
Commis
sions
formed or
provided
for
1
1
2
3
8
12
Rhode Island_________ .______
South D akota______ _________
Tennessee___________________
T exas.........................................
U tah____ ______ _____________
Verm ont......................................
Virginia......................................
W ashington................................
West Virginia
Wisconsin
_ _____
W yom ing____________________
United States:
Public employees...............
Longshoremen___________
0)
21
1
1
10
1912
1917
1919
1913
1917
1915
1918
1911
1913
1911
1915
1913
1911
1915
1913
1916
3 1910
3 1911
1909
/ 1908
\ 1916
1927
1910
4 Rejected on referendum.
42 laws, 1 (compulsory) declared unconstitutional.
O F W O R K M E N ’ S C O M P E N S A T IO N
BY YEARS
States,
etc., en
acting
original
law
Year
Year
com pen
commis
sation
sion was
appointed law was
enacted
State, etc.
Year
1912..............
1913________
1914_______
1915..............
1916
1917________
1918........... .
i Philippine Islands.
Commis
sions
formed or
provided
for
1
7
3
1
States,
etc., en
acting
original
law
4
7
2
9
1
5
1
C O M M IS S IO N S A N D L A W S ,
Year
Commis States,
sions
etc., en
form ed or acting
provided original
law
for
1919..........
1920..............
1927..............
1928 _____
1
4
1
2
1
Total___
40
50
3 United States.
The 40 commissions above accounted for operated in 32 jurisdic
tions, while laws have been enacted by the legislatures of 43 States,
the Territories of Alaska and Hawaii, the Philippine Islands, and
Porto Rico, and by Congress for the civil employees of the Federal
Government, for the District of Columbia, and for longshoremen and
harbor workers. Not every law has been preceded by a commission,
therefore; but every commission except that of Arkansas, appointed
in 1919, has been followed by the enactment of a law, though in some
cases so remotely as to suggest a lack of any real connection between
the two events. Indeed, the United States commission considered
only a statute relating to railroad employees, as to whom no law has
yet been enacted. The year 1911 was marked by the creation of the
largest number of commissions as well as by the enactment of the
largest number of laws. But one investigative commission has been
appointed since 1916— that of Arkansas— said to be to remove con
stitutional objections to a pending bill; only five have been created
since 1913, and it is obvious that the day of their usefulness is ended,
either as an aid in determining the desirability of compensation
legislation or of working out deviations from accepted standards so
as to meet supposed local peculiarities.
PROGRESS OF LEGISLATION
7
PROGRESS OF LEGISLATION
Reference to the foregoing tables discloses both the progress and
extent of compensation legislation. All laws now on the statute
books have either followed the investigations of commissions or have
been enacted under conditions making the results of such commissions
available to those interested.
The first of the laws of this class is the elective compensation law
of New York, 1910, followed at the same session by a compulsory
law for hazardous occupations. The latter law was declared uncon
stitutional after a very brief term of existence, but after an amend
ment to the constitution a new law was passed which has been sus
tained by both the State and the Federal courts.
Of the 10 laws enacted in 1911, 7 provided for simple compensa
tion, 3 containing also provisions for insurance; while in 1912, three
States enacted compensation laws and one an insurance law; in 1913
seven States were added to the list, in five of which compensation
only was provided for, while in two there is also a system of insurance.
In 1914 compensation laws were enacted in two States, though in
one (Kentucky) the law was declared unconstitutional before the
time for it to take effect. Of the 10 new laws enacted in 1915 (1
taking the place of the unconstitutional statute of Montana), 9 pro
vided for compensation merely, while 1 established an insurance
system. A new compensation law was passed in Kentucky in 1916,
in lieu of the earlier law declared unconstitutional; this and a law of
Porto Rico which requires the insurance of the liabilities fixed by it
are the only new laws of the year, though important amendments
were made in Louisiana and New York. Indeed, practically every
year is marked by amendments whose tendency is in general to
strengthen the laws and enlarge their scope.
The extension of compensation legislation to five additional States
in 1917, one in 1918, four in 1919, besides the inclusion of public
employees of the District of Columbia, one in 1920, and the extension
of compensation to longshoremen in 1927 and to private employment
in the District of Columbia in 1928, marks the present bounds of com
pensation legislation. Of these, two of the laws of 1918, one in 1919,
and the Arizona law of 1925, provide for a State insurance system,
though in only one of them is this system exclusive. The Missouri
enactment of 1919 was rejected by a referendum vote, as was one of
1923. A new enactment (1925) was voted on November 2, 1926;
it was adopted, coming into effect November 2, 1926.
The table below shows in chronological order the States, etc.,1
that have enacted compensation laws.
1 In the discussion that follows the word “ State” will be used to include all jurisdictions, Territorial
and other.
8
W O R K M E N ’S COMPENSATION LAW S. UNITED STATES
T a b l b 3 .—S T A T E S H A V IN G C O M P E N S A T IO N L A W S , W IT H T H E
E N A C T M E N T A N D C O M IN G IN T O E F F E C T
State
United States i . . .
W ashington..........
Kansas...... ............
N e v a d a ...............
N ew Jersey...........
California_______
N ew Hampshire..
W isconsin_______
U lin o is ............
O hio____________
Massachusetts___
M ichigan________
Rhode Island.......
Arizona_________
West Virginia___
Oregon........ ..........
T e x a s .......... ........
Iow a____________
Nebraska________
Minnesota_______
Connecticut.........
N ew Y ork 2..........
M aryland.............
Louisiana...........
W yom ing_______
Indiana.................
Approved
M a y 30,1908
M ar. 14,1911
.do.
Mar. 24.1911
A pr. 4.1911
A pr. 8.1911
Apr. 15.1911
M a y 3.1911
June 10.1911
June 15.1911
July 28.1911
M ar. 20.1912
Apr. 29.1912
June 8.1912
Feb. 22.1913
Feb. 25.1913
Apr. 16.1913
A pr. 18.1913
Apr. 21.1913
A pr. 24.1913
M a y 29.1913
Dec. 16.1913
A pr. 16.1914
June 18.1914
Feb. 27.1915
Mar. 8,1915
Effective
Aug.
Oct.
Jan.
July
July
Sept.
Jan.
M ay
M ay
Jan.
July
Sept.
Oct.
Sept.
Oct.
July
Sept.
July
July
Oct.
Jan.
July
N ov.
Jan.
Apr.
Sept.
1,1908
1.1911
1.1912
1.1911
4.1911
1.1911
1.1912
3.1911
1.1912
1.1912
1.1912
1.1912
1.1912
1.1912
1.1913
1.1914
1.1913
1.1914
17,1913
1.1913
1.1914
1.1914
1.1914
1.1915
1.1915
1.1915
DATE
OP T H E IR
State
Approved
Effective
Montana 2__________
Oklahoma..................
V erm ont.....................
Maine...................... .
Colorado_____ ______
Hawaii_______ ______
Alaska______________
Pennsylvania_______
Kentucky 2. . . ............
Porto R ic o ......... .......
South Dakota........ .
New M exico________
U tah______ _______
Idaho_______________
Delaware____ ______
Virginia......................
North Dakota______
Tennessee__________
Dist. of Columbia 1. .
A labam a....................
Georgia____ ____ ____
M issouri3...................
United States:
Longshoremen____
Philippines_________
Dist. of Columbia___
Mar. 8,1915
M ar. 22,1915
Apr. 1,1915
do.
Apr. 10.1915
Apr. 28.1915
Apr. 29.1915
June 2,1915
Mar. 23.1916
Apr. 13.1916
Mar. 10.1917
Mar. 13.1917
Mar. 15.1917
M ar. 16.1917
Apr. 2,1917
Mar. 21.1918
Mar. 5,1919
Apr. 15.1919
July 11.1919
Aug. 23.1919
Aug. 17.1920
Apr. 30,1925
July 1.1915
Sept. 1.1915
July 1.1915
Jan.
1.1916
Aug. 1.1915
July 1.1915
July 28,1915
Jan.
1,1916
Aug. 1.1916
July 1.1916
June 1.1917
June 8.1917
July 1.1917
Jan.
1.1918
D o.
Jan.
1,1919
July 1,1919
D o.
D o.
Jan.
1,1920
Mar. 1,1921
N ov. 2,1926
Mar. 4,1927
Dec. 10,1927
M a y 17,1928
July 1,1927
June 10,1928
July 1,1928
1 Public employees only.
2 Earlier laws of M ontana (1909), N ew York (1910), and Kentucky (1914), were declared unconstitutional.
8 The law of Missouri was suspended awaiting the results of a referendum.
The dates given above are the dates of the actual inception of com
pensation methods in the various jurisdictions. As indicated by the
footnotes, earlier laws were enacted in a few States, but were never
really operative. The existing laws of a number of jurisdictions,
widely differing in some instances from those enacted at the dates
given above, are of more recent enactment; but the operation of a
compensation law has been continuous since the original act became
effective. There are, therefore, at present but five States in the south
eastern portion of the Union that are without compensation laws.2
Efforts have been made, and are continuing, to secure legislation in
some, at least, of these States.
Important fields of legislation lie outside of State control, however,
and Congress has delayed action in areas exclusively within its juris
diction. A group of workers that are dependent on Congress for
relief are those engaged in maritime employments, The longshore
men and harbor workers generally are localized, but for at least a
part of the time are within maritime jurisdiction. Two attempts
have been made to amend the Judicial Code so as to permit the ap
plication of local compensation laws, but the Supreme Court has held
both acts unconstitutional as attempting to remit to the divergent
statutes of the States a subject that requires uniform treatment at
the hands of Congress alone. In the meantime the acts of 1915 and
1920, relative to seamen, were passed, but each was promptly held not
to apply to longshoremen. (The Eoquiam (1918), 253 Fed. 627, 165
C .C . A.253.) This construction prevailed for a number of years, until
a decision of the Supreme Court on October 18,1926, to the effect that
the act of 1920, relating to seamen, is applicable to longshoremen.
(International Stevedoring Co. v. Haverty, 272 U. S. 50.) This
2 N orth Carolina, South Carolina, Florida, Mississippi, and Arkansas. T h e N orth Carolina Legislature
passed a compensation act at its session in 1929, since this article was written.
PROGRESS OF LEGISLATION
9
decision relates to longshoremen only, and not to the very extensive
group of harbor workers, repair men, etc., who are also subject at
times to maritime jurisdiction.
In 1926 a bill to compensate longshoremen and harbor workers
generally was considered by both Houses of Congress, passing the
Senate June 3, 1926. It remained in the hands of the House Judi
ciary Committee until January 14, 1927, when the measure was re
ported out in an amended form. Subsequent amendments were made,
and the bill became a law March 4, 1927, in effect July 1, 1927, as the
exclusive remedy for the classes of maritime workers (crews and mas
ters of vessels being excluded) covered by the act. # This act compen
sates occupational diseases as well as accidental injuries, pays 66%$
per cent of wages as benefits (subject to a weekly maximum of $25),
and is administered by deputy commissioners appointed by the
United States Employees’ Compensation Commission, which formu
lates rules for the administration of the act.
In the exercise of its function as legislature for the District of
Columbia, Congress passed an act approved May 17, 1928, and
effective July 1, 1928, extending the longshoremen’s and harbor
workers’ compensation act to private employments in the District
of Columbia.
Employees in interstate commerce are also dependent on Congress
for remedial legislation, which thus far consists only in a liberaliza
tion of the employers’ liability rule by acts of 1908 and 1910. Origi
nally applicable only to carriers by railroad, an act of 1915, amended
in 1920 (41 Stat. 988, 1007), extends to injured seamen the same
rights and remedies as are granted to railroad employees by these
acts. As above stated, a Federal commission made an extensive
study in 1911-12, of the subject of compensation for injured railroad
employees, reporting a bill which passed both Houses, but with amend
ments that were not agreed upon when the Congress expired. Occa
sional movements for a law have been made since 1912, but no bill
has ever been reported out.
Besides the statutory enactments noted above, there have been con
stitutional provisions made in a number of States, adopted with a
view to the removal or forestalling of objections to compensation
legislation on grounds of constitutionality. Thus the constitution of
Arizona, adopted on the admission of that State into the Union in
1910 (amended 1925), provides specifically for the enactment of a
compensation law. Amendments in favor of such legislation were
adopted in 1911 in California, in 1912 in Ohio (again amended in
1923), in 1913 in New York and Vermont, in 1914 in Wyoming, and
in 1915 in Pennsylvania. In Oklahoma alone, of all the States where
the question has been submitted to the people, was such an amend
ment rejected. #This took place on August 1, 1916, the amendment
failing along with eight others submitted at the time. Of this it
has been said that the questions passed upon were rejected as a
whole on account of other facts than the attitude of the public
toward this particular subject.
The importance of such amendments to the Constitution as pre
liminary to the enactment of compulsory laws ha§ been greatly dis
counted by reason of decisions of the Supreme Court of the United
States upholding compensation laws of various types and form as
not in conflict with constitutional provisions; so that in the absence
10
W O K K M E N ’S COMPENSATION LAW S, UNITED STATES
of specific limitations in the State constitution no bar appears to the
enactment of a compensation law compulsory in form and of general
application. However, in but two States (California and Illinois)
thus far has an original elective law been supplanted by a compulsory
one.
TYPES OF LAW S
The rapid growth of compensation legislation, involving, as it has,
the almost simultaneous enactment of laws in a number of States,
has operated to prevent the adoption of any one form of law as a
type, so that, although a single fundamental principle underlies the
entire group of laws of this class, its expression and application pre
sent great diversity of details in the different States. This extends
not only to the primary factors of the scope of the laws and the
amount of compensation payable under them but also to the matter
of making the laws compulsory or voluntary in their acceptance, the
securing or not securing the payments of the benefits, the mode of
securing where it is required, methods of administration, of election
or rejection, etc.
No fixed form of analysis or summary presentation can give in
complete detail the provisions of the laws under consideration. They
relate not only to the compensation of accidents but to accident
reporting, safety provisions, the enforcement of safety laws, the
establishment of insurance systems, premium rates, investments, the
scaling down of payments in cases of certain forms of negligence or
their increase under certain conditions, procedure in arbitration, forms
of appeal, and a great variety of subjects on which it would be impos
sible to generalize, and which can be discovered only by a reading of
the individual statutes. The adoption by a few States of laws gener
ally similar can be clearly recognized, but it is obvious that at the
present time it can not be said that any one type of law is predomi
nantly approved. However, it seems none the less certain that the
welfare of both employer and employee, as well as the public interest
generally, would be served by the general adoption of uniform laws,
just and certain in their operations, and not dependent for their
acceptance on the personal views or interests of individuals or groups
of individuals.
It is encouraging to note in this connection that though there is
such diversity and a manifest disposition on the part of some admin
istrative and legislative bodies to regard variations as warranted by
local conditions, if not absolutely desirable, there are certain discov
erable tendencies to move in a common direction and thus approach
a common end. In several States amendments have been made at
every session of the legislature since the original enactment. The
following comparison of compensation and insurance systems will
give an idea of the scope, coverage, and effect of these laws.
COMPARISON OF COMPENSATION AND INSURANCE
SYSTEMS
All the States of the Union had workmen’s compensation acts at
the beginning of Ihe year 1929 except five (Arkansas, Florida, Mis
sissippi, North Carolina, and South Carolina). In addition to these
43 State acts, this article covers the four territorial acts (those of
Alaska, Hawaii, Philippines, and Porto Rico), the act for the Dis
trict of Columbia, for longshoremen, and for the United States civil
COMPARISON OF COMPENSATION AND INSURANCE SYSTEMS
H
employees. These 50 acts will be referred to as “ State” acts for
convenience, though they apply to districts, Territories, or subject
matter not within the control of the States.
Insurance of the employer's liability to pay compensation is recog
nized as an essential feature of the system in most of the States. This
may be effected through private insurance (stock or mutual com
panies), self-insurance (proof of solvency, with or without the giving
of a bond or other security), or by insurance in State funds, which
may be exclusive or competitive.
The following table shows for each compensation State, whether
compensation is compulsory or elective, and the forms of insurance
provided for by the various laws. This table relates only to private
employments; for while public employments are covered in whole
or in part in most States, and compulsorily in some where the law
is elective as to private employments, the subject is of less general
interest and complexity.
T a b l e 4 .— C O M P E N S A T IO N A N D I N S U R A N C E S Y S T E M S
State
Compensation
compulsory or
elective
Insurance required in—
State fund: Exclu
sive or competitive
Alabama........ ......._................ ................... _ Elective—...........
.Alaska_________________________________ ____ d o ____________
Compulsory 1. ...... Competitive
California____ ___________________ _ . . ___ _do____________ __ do__ ________
Colorado_________________________ ____ Elective__________ ___ d o . __________
Connecticut _____ ___________________ ___ d o _____________
Delaware
. . _______________________ ____ d o ____________
District of Colum bia___ ________ *_____ Com pulsory..........
Georgia____________ __________________ Elective____ ______
Hawaii________________________________ Compulsory______
Idaho
__
_ ______ ___ d o ___________ _ Competitive
Illinois________________________________ ___ d o ______ _______
I n d ia n a ___ ______
_ _ ____________ Elective 2................
Iowa
_ ________ __ ________________ ___ d o _____________
Kansas
_ _ _
_ ______________ ____ d o__..................
____ d o _____ _______
K e n tu ck y .____ _____________________
Louisiana________________________________ ___ do _______ __ _
__
__ __ __ __ _______________ ___ d o ___ __
Maine
Maryland _ _ _ _
_
_____________ Com pulsory______ Competitive
M assachusetts_____ __________________ Elective___ _______
Michigan
__ __
__ _
__________ ___ d o _________ ____ Competitive _
Minnesota_____ ___________ ___________ ___ do ____________
Missouri____ __________________________ _ __ d o____________
M o n ta n a .___ __
___________________ ____ d o ____________ C om petitive_____
N e b ra sk a .________ ___ ______ _________ ____ d o___________
N evada________________________________ ___ d o _____________ Exclusive________
New Hampshire_______________________ ___ d o ____________
New Jersey_____________________ ____ _ ___ d o ______ _______
New Mexico....... .......... ............................. ___ d o _____________
New York_______________________ ____ _ Compulsory______ C om petitive__
North Dakota_________________________ ___ d o _____________ Exclusive__ ___
Ohio......................... ..................... .......... . ____ d o _______ _____ ____ d o _____ _______
Oklahoma...................... ............................ C om p u lsory_____
Oregon____________ ___________________ E le ctiv e ................ Exclusive________
Pennsylvania______ ______________ _ _
d o ____________ Com petitive_____
Philippine Islands_____________________ Com pulsory_____
Porto R ico ________ ____________________ ___ d o ____________ C om petitive_____
Rhode Island___________ _______________ Elective......... .........
South Dakota..................... ......................... ____ d o _____ _______
Tennessee______________ _______________ ___ d o _____________ Competitive 4____
Texas__________________________________ ____ d o ____________
U tah___________________ _______________ Com pulsory_____ C om petitive_____
Verm ont_______________________________ Elective..................
V irginia........................ ........... ................. ____ do ...................
W ashington___________ _______________ Com pulsory.......... Exclusive________
West Virginia______________ ___________ Elective__________ ___ d o ____________
W isconsin........ .......... ............ ..................... ____ d o ____________
W yom ing.......... ..................... ................... Com pulsory.......... E xclu sive.. ______
United States longshoremen’s act......... ........d o ......................
Private companies or
b y self-insurance
Either.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Private companies.
Either.
Do.
Do.
Do.
Do.
Self-insurance.
Either.
Do.
Do.
Self-insurance.8
Either.
Do.
Do.
Do.
Do.
Do.
Do.
Private companies.
Either.
Do.
Do.
Self-insurance.3
Either.
Do.
1 As to employers.
2 Compulsory as to coal mining,
s Employers accepting the act must furnish proof of solvency or give bond; no other provision as to
insurance.
* Coal mining only.
46675°— 29------ 2
12
W O R K M E N ’S COMPENSATION LAW S, UNITED STATES
Of the 49 compensation acts listed in Table 4 (the United States
civil employees’ act is not listed), 17 are compulsory and 32 are
elective. A State fund insurance system exists in 19 of the States
listed (the Tennessee fund is limited to coal mining only). Of the
19 States having State fund insurance systems, 7 are exclusive, whereas
in 12 the State fund competes with private insurance companies.
The somewhat anomalous provisions of the Idaho statute seem to
contemplate an exclusive State fund, but with an option for selfinsurance and the deposit of a surety bond or guaranty contract as
one means of satisfying the industrial accident #board as to the
security of payments. The reports of the board indicate, however,
that the system is competitive in practice, and that approved private
companies are admitted to do business in the State.
A sort of State mutual system, supervised by the State but man
aged by the employers, is provided for in three States (Kentucky,
Massachusetts, and Texas), but these are in effect only private
competing organizations.
SCOPE OR COVERAGE
No law undertakes to cover all employments. Various exemp
tions are made, the most important numerically being the exclusion
of agriculture and domestic service. Interstate commerce is exempt
because it is subject to the exclusive action of Congress, though its
law creates liability and does not provide compensation. Laws that
apply only to “ hazardous” or “ extrahazardous” employments ex
clude others, thereby distinguished as “ nonhazardous.” Casual em
ployments are usually exempted, and those not for gain frequently.
Hazardous employments.— States whose laws apply only to haz
ardous employment are 12 in number— Illinois, Kansas, Louisiana,
Maryland, Missouri (when there are less than 10 employees), Mon
tana, New Hampshire, New Mexico, Oklahoma, Oregon, Washington,
and Wyoming. Enumeration is made in the laws, but it is not com
plete in several, a blanket clause being used in some, while in others
the commission or board may make additions. The principal in
dustrial employments, with the exception of interstate transporta
tion, are uniformly included in these lists.
Numerical exemptions.— Employers of less than a stipulated num
ber of employees are exempt from the operation of the laws of 23
States. Voluntary acceptance is generally provided for, as is the
case in regard to employments not classed as hazardous. The follow
ing table shows the list of States in which the number of employees
determines coverage:
T
able
5 . —S T A T E S
M A K IN G
N U M E R IC A L E X E M P T IO N S , B Y
M ENTS
M IN IM U M
R E Q U IR E
Employers are exempt who have less than—
2 em ploy
ees
3 em ploy
ees
Oklahoma.
Arizona.
Kentucky.
Ohio.
Texas.
Utah.
Wisconsin.
4 employees
5 employees
Colorado.
Alaska.
N ew Mexico. Connecticut.
N ew Y ork .1 Delaware.
Kansas.
N ew H am p
shire.
Tennessee.
1
6 employees
Maine.
Rhode Is
land.
10 em
ployees
Georgia.
1 Numerical exemption applies only in case of iionhazardous employments.
11 em
ployees
16 em
ployees
M issouri.1 Alabama.
Vermont.
Virginia.
COMPARISON OF COMPENSATION AND INSURANCE SYSTEMS
13
Agriculture and domestic service.— The exclusion of agriculture is
universal among the compensation laws of the United States except
in Hawaii and New Jersey; and of domestic service except in New
Jersey. In California employers and employees engaged in farm
work are presumed to have accepted the act unless either rejects
the act prior to an injury. Voluntary acceptance of the laws in these
occupations is quite generally provided for, though in some cases it
appears that their exclusion is intended to be absolute. Threshing
grain, etc., is specifically included in Kentucky, Minnesota, and
South Dakota (by a separate act).
Public employment.— Employees in the service of the State and its
subdivisions and municipalities are included generally in 30 States;
in several of these the inclusion is compulsory where the law is elec
tive as to private undertakings. The jurisdictions are: Arizona (if
receiving not over $2,400), California, Colorado, Connecticut, District
of Columbia, Hawaii, Idaho, Illinois, Indiana, Louisiana, Maine,
Michigan, Montana, Nebraska, Nevada, New Jersey (if receiving not
over $1,200), New York, North Dakota, Ohio, Oregon, Pennsylvania,
Philippine Islands (if receiving not over 800 pesos), Porto Rico,
Rhode Island, South Dakota, Utah, Virginia, West Virginia, Wis
consin, and the United States.
In 14 States there is a partial inclusion of public employees (Ala
bama, Delaware, Georgia, Iowa, Kansas, Kentucky, Maryland,
Massachusetts, Minnesota, New Mexico, Oklahoma, Vermont,
Washington, and Wyoming).
Public employees are excluded in five States (Alaska, Missouri,
New Hampshire, Tennessee, and Texas), though in Missouri and
Tennessee the law authorizes an affirmative acceptance of its pro
visions by the State, its counties, and municipal corporations.
Other exclusions.— Employees whose employment is but casual and
(sometimes “ or” ) not in the usual course of the employer’s trade or
business are quite generally excluded, while outworkers are men
tioned in a few laws. Exclusion of employees receiving above a
designated wage or salary is provided in a few States, as follows:
Hawaii ($36 per week), Missouri ($3,600 per year), North Dakota
(executive officers receiving more than $2,400 per year), Philippines
($21 per week), Rhode Island ($3,000 per year), and Vermont ($2,000
per year).
The abrogation of the common-law defenses in suits against non
electing employers does not apply to logging operations under the
law of Maine. Clerical and other occupations not subject to the
hazards of the employment are excluded in a few States.
OCCUPATIONAL D ISEASES
No law as originally enacted made specific provision for com
pensating occupational diseases. The dominant idea of accident has
given way by degrees, however, until at the present time compen
sation, either for occupational diseases generally or for designated
diseases of this class, is allowed under 17 of the 50 laws analyzed.
The Federal civil employees’ compensation act and that of North
Dakota include under the term “ injury” any “ disease proximately
caused by the employment,” while that of California compensates
for “ any injury or disease arising out of the employment.” The
14
W O R K M E N ’S COMPENSATION LAW S, UNITED STATES
other laws are generally more restrictive in their terms. The States
recognizing occupational diseases as entitled to compensation are
California, Connecticut, District of Columbia, Hawaii, Illinois (in
certain employments by separate act), Alassachusetts (by court
decision), Minnesota (list), New Jersey (list), New York (list),
North Dakota, Ohio (list), Porto Rico (list), Philippines, Wisconsin,
and the United States under the Federal employees’ compensa
tion act and the longshoremen’s act. The law of Kentucky also,
by recent amendment, includes “ injuries or death due to the inhala
tion in mines of noxious gases or smoke, commonly known as ‘ bad
air/ and also shall include the injuries or death due to the inhalation
of any kind of gas.”
ELECTION
In 22 a of the 32 elective States, election is presumed in the absence
of active rejection, this presumption affecting both employer and
employee.6 In 10 States the employer must take positive action, but
if he acts the employee’s acceptance is presumed, except in Ken
tucky, where he must sign an acceptance. In 7 of these (Kentucky,
Maine, Michigan, Montana, Nevada, New Hampshire, and Rhode
Island) acceptances are filed with designated State authorities, while
in the other 3 (Massachusetts^ Texas, and West Virginia) the act of
insuring signifies election.
Inducement to election is offered by the abrogation of the commonlaw defenses where the employer rejects the law and by continuing
them in effect where a rejecting employee sues an employer who has
accepted it. Exceptions to this are the laws of New Jersey and
Pennsylvania, which abrogate the defenses absolutely, without regard
to the acceptance or rejection of the act.
SUITS FOR DAM AGES
Actions for damages are generally forbidden where both parties
have accepted the act, but in New Hampshire (an elective State)
the employee may, after his injury, choose which remedy he will
pursue. Where under an elective law the employer has accepted the
act, a rejecting employee may sue, but the employer retains the common-law defenses, except in New Jersey and Pennsylvania. Upon
failure of an employer to provide the insurance required by the act
or his default in premiums, the employee may, in 28 States,3 bring
action for damages with the common-law defenses removed. Suit
may be brought also in 9 States4 if there is “ intent” or “ deliberate
intent” on the part of the employer to injure, or if the injury is due
to his gross negligence or willful misconduct. No suits are permitted
in 16 States.5
« Alabama, Alaska, Colorado, Connecticut, Delaware, Georgia, Indiana, Iowa, Kansas, Louisiana,
Minnesota, Missouri, Nebraska, N ew Jersey, N ew M exico, Oregon, Pennsylvania, South Dakota,
Tennessee, Verm ont, Virginia, and W isconsin.
b States having com pulsory laws as: Arizona, California, District of Columbia, Hawaii, Idaho, Illinois,
M aryland, N ew York, N orth Dakota, Ohio, Oklahoma, Philippines, Porto R ico, Utah, W ashington,
W yom ing, and U nited States (Federal em ployees’ and longshoremen’s acts).
a Arizona, California, Connecticut, Delaware, District of Columbia, Indiana, Iowa, K entucky, M ary
land, Michigan, Montana, Nebraska, Nevada, N ew York, N orth Dakota, Ohio, Oklahoma, Oregon.
Pennsylvania, Porto Rico, Rhode Island, South Dakota, Tennessee, Utah, Washington, West Virginia,
W yom ing, United States (longshoremen’s act).
4 Arizona, Kentucky, Maryland, Oregon, Porto Rico, Texas, Utah, Washington, and W est Virginia.
6 Alabama, Alaska, Colorado, Hawaii, Idaho, Illinois, Kansas, Louisiana, Maine, Massachusetts, Minne*
sota, N ew Jersey, N ew Mexico, Vermont, Virginia, and Wisconsin.
COMPARISON OF COMPENSATION AND INSURANCE SYSTEMS
15
W A ITIN G TIME
Most laws require a minimum duration of disability as a condi
tion to the payment of compensation benefits. This does not
apply to medical and hospital relief, which is to be provided at
once. Two States require no waiting time. Conflicting provisions
of the South Dakota statute call for 10 days’ waiting time on the one
hand, and for compensation from date of injury on certification of
disability on the other. In practice the latter provision is said to
prevail.
In several States the waiting time is compensated for if the dis
ability continues for a specified term; or a part may be taken up in
each of certain consecutive weeks until all is compensated for,
The following table shows the waiting time required in each State;
also the number of weeks of disability required for the payment of
compensation from date of injury, shown in the figure in parentheses
following the name of the State. A waiting period of one week is
the most common, being provided for by the laws of 35 States.
T a b l e 6 .—W A IT IN G T I M E R E Q U IR E D B Y E A C H S T A T E , A N D T E R M R E Q U IR E D F O R
FULL P A Y M E N T
N o waiting
tim e
Oregon.
Sou tii
D a k o ta .1
3 days
5 days
Maryland.
Missouri (4).
Utah.
Washington.
United States:
Civil em ploy
ees.
Oklahoma.
1 week
10 days
Colorado.
Alaska (8).
Arizona (2).
New Mexico.
California.
Virginia (6).
Connecticut (4).
District of Columbia (7).
Georgia.
Hawaii.2
Idaho.3
Illinois (4).
Indiana.
Kansas.
Kentucky.
Louisiana (6).
Maine.
Massachusetts (4).
Michigan (6).
Minnesota (4).
Nebraska (6).
Nevada (1).
New Hampshire (1).
N ew Jersey (7).
N ew York (7).
N orth Dakota (1).
Ohio.
Pennsylvania.
Philippine Islands.
Porto Rico.
Rhode Island (4).
Tennessee (6).
Texas (4).
Vermont.
West Virginia.
Wisconsin (3).
W yom ing (3).
United States: Long
shoremen (7).
2 weeks
Alabama (4).
Delaware (4).
Iowa.4
Montana (6).
3 B y administrative construction of conflicting provisions.
2 From first day of disability in case of partial disability, but no adjudication until after 2 weeks.
8 One-third taken up in each of fifth, sixth, and seventh weeks of disability.
4 From date of injury in case of permanent partial disability; in other cases, one-third is taken up in
each of fifth, sixth, and seventh weeks of disability.
16
W O R K M E N ’S COMPENSATION LAW S, UNITED STATES
COMPENSATION SCALE
The amounts actually payable under the acts are determined by
three factors— the rate (usually a percentage of the wages), term, and
(in most States) a fixed maximum weekly or total payment, or both.
Per cent of wages.— In all but two States (Washington and W yo
ming) the amount of compensation is based upon wages. A few
States, however, provide fixed lump sums or pensions for certain
injuries, but apply the percentage system to all others. In most of
the States the prescribed percentage remains uniform for all injuries.
A few States have varying percentages for different types of injuries,
and in several the percentage varies with conjugal condition and
number of children.
Using as a basis the rates for temporary total disability, it appears
that 50 per cent of the employees’ wages is allowed in compensation
in 15 States [Alabama (60 per cent if two or more children), Colorado,
Connecticut, Delaware, Georgia, Illinois (65 per cent if three or more
children), Montana, New Hampshire, New Mexico, Oregon (40 to
66% per cent, according to number of dependents), Porto Rico,
Rhode Island, Tennessee, Vermont, and Virginia]; 55 per cent in 3
States [Idaho (increased 5 per cent for each child, total payments
not over $16 weekly), Indiana, and South Dakota]; 60 per cent in 7
States (Hawaii, Iowa, Kansas, Nevada, Philippine Islands, Texas,
and Utah); 65 per cent in 7 States (Alaska, Arizona, California, Ken
tucky, Louisiana, Pennsylvania, and Wisconsin); and 66% per cent
in 16 States (District of Columbia, Maine, Maryland, Massachusetts,
Michigan, Minnesota, Missouri, Nebraska, New Jersey, New York,
North Dakota, Ohio, Oklahoma, West Virginia, and the Federal
statutes for civil employees and for longshoremen).
Maximum term and amount.— It is obvious that the reduction of a
workman’s income by one-half or even by one-third, the most liberal
percentage provision, leaves a large proportion of his loss uncom
pensated. But the burden on the employer is restricted further (and
transferred necessarily to the injured employee and his family), since
the term of payment is not fixed by the period of disability in most
States, but by an arbitrary maximum; death benefits likewise rarely
continue for the period of their probable need.
The table following shows for the various States the maximum
period and amount of benefits in case of death, permanent total dis
ability, and partial disability. The limitations are in many cases
more restrictive for temporary total disability than for permanent
total disability, though, where the latter is compensated for life,
the former is as a rule compensated during its continuance. In a
few cases the rates for temporary disability are higher than for
permanent disability. The provisions as to partial disability here
reproduced are distinct from those contained in the schedules found
in most laws.
COMPARISON OF COMPENSATION AND INSURANCE SYSTEMS
17
T a b l e 7.—M A X I M U M P E R IO D S A N D M A X I M U M A M O U N T S OF C O M P E N S A T IO N P A Y
A B L E IN C ASE
D IS A B IL IT Y
OF D E A T H ,
PERM ANENT
Death
TOTAL
D IS A B IL IT Y , A N D
P A R T IA L
Permanent total
disability
Partial disability
Weeks
Amount
Weeks
550
$5,000
9,000
State
Weeks
Alabama_____________________
District of Columbia.
Georgia- ____________________
H a w a ii..___________________ _
Idaho __________ ___________
Illinois
_ _____________
Indiana _______________________
Iowa__ ______________________
K an s.-is..........
........... ....
Amount
300
$5,000
9.000
Death or remarriage.
5.000
312
3,750
Life.
Life.
Life.
312
2 285
Death or remarriage.3
300
5.000
312
5.000
520
475
Life.
350
312
Life.
Life.
500
400
416
400
300
300
4,550
5,000
4.000
4, 000
7, 500
5,000
5,000
520
285
During disability.
300
312
6,000
5,000
150
416
300
225
415
300
M ichigan____________________
Minnesota __________________ Death or remarriage.3
300
Missouri _____________________
400
Montana _
_____________ 350
Nebraska. ___________________
Nevada
____ ____________ Death or remarriage.
500
Life.
^ 300
500
Life.
Life.
9,000
10,000
N ew H am pshire_____ ________
N ew Jersey
_______
N ew M exico______________ ___
New York __________________
North Dakota________________
3,000
6 300
300
Death or remarriage,
Death or remarriage 6
300
400
520
Life.
Life.
Ohio
_________________
Oklahoma
___________ _____
Oregon
_______________
Pennsylvania________________
Philippine Islands.___________
6,500
416
N ot cove red.
Death or remarriage.
®300
208
1,500
Life.
500
Life.
500
208
Porto R ico _________________
Rhode Island_______ _________
South Dakota________________
T enn essee_________ __________
Texas
4.000
4.000
5.000
6,400
3,000
3,000
500
Life.
550
401
312
5,000
Utah ............_.............................
3.500
260
Verm ont_________ ____________
300
4.500
Virginia _____________________
Death or remarriage,
Washington ____ ________
West Virginia_____________ __ Death or remarriage.
Life.
260
500
Life.
Life.
5.600
Wisconsin __________________
5.600
W yom ing. _________________
United States:
Civil employees_______ __ Death or remarriage.
Death or remarriage.3
___________Longshoremen
1,000
__________
300
400
360
1 For life if 70 per cent or more disabled.
2 T o orphans or abandoned children, under 16.
8 M axim um , $7,500.
$7,200
5,000
3,120
6,000
335
300
300
416
500
300
During disability.
i 240
During disability.
416
400
500
Life.
500
K en tu cky........... ..................... .
______________
Louisiana _
M a in e ___ _ ________________
M aryland
Massachusetts_______________
A m ount
6, 000
5,000
4,500
335
300
300
During disability.
15,000
6,500
1,500
During disability.
300
104
300
208
4,000
4,500
3,750
4,500
4,000
4,680
3,760
1,500
2,000
300
312
300
300
312
260
300
5,000
3,000
340
During disability.
8,000
Life.
Life.
4,000
500
300
100
150
300
260
300
500
150
During disability.
During disability.
3.000
5.000
3.000
5.000
7,500
7,500
1,500
During disability.
During disability.
7,500
4 Then 25 per cent of annual earnings for life.
5 T o minor dependents under 16.
6 M axim um , $15,000.
There is quite apparent a tendency to recognize the greater eco
nomic loss in case of a permanent total disability than in case of
death. Death benefits continue under 11 laws6 for life or until re
marriage, while under 21 acts 7 life benefits are paid for permanent
« Arizona, District of Columbia, Minnesota, Nevada, N ew Y ork, N orth Dakota, Oregon, Washington,
W est Virginia, United States (civil em ployees' and longshoremen’s acts).
7 Arizona, California, Colorado, District of Columbia, Idaho, Illinois, M aryland, M innesota, Missouri,
Nebraska, Nevada, N ew York, N orth Dakota, Ohio, Oregon, South Dakota, Utah, W ashington, West
Virginia, United States (civil employees’ and longshoremen’s acts).
18
W O R K M E N ’S COMPENSATION LAW S, UNITED STATES
total disability. The significance of the latter provision is qualified
in a few States by the limitation on the total amount payable, as
$3,000 in South Dakota, and $5,000 in Maryland. The District of
Columbia and the longshoremen’s act have a maximum of $7,500.
The $10,000 fixed in Minnesota would be exhausted in 500 weeks at
the maximum allowed rate of $20 per week. A comparative liberality
in term of payment is affected by the maximum amount payable.
Except in two States,8 death benefits are a percentage of the em
ployees’ wages; in six there is the requirement that the total shall
not exceed three or four years’ earnings.9 Minimum periods are 208
weeks (Philippines), 260 weeks (Vermont), and 285 weeks (Delaware).
Thirteen States 10 pay for 300 weeks, seven 11 for from 312 to 360
weeks, and six 12 from 400 to 500 weeks. In Delaware, New Jersey,
and Pennsylvania payments to certain minors continue to the age of
16, regardless of the expiration of the period fixed.
Weekly maximum and minimum.— Another leveling feature of
most laws is the establishment of a weekly maximum and minimum.
The former may prevent the higher paid employee from securing the
full proportion of his earnings that the percentage provision would
indicate, while the minimum named is often affected by the quali
fication that if the wages received are less than such minimum the
amount of the actual wages shall be paid as a-benefit. The result
of the various restrictions has been computed as placing upon the
injured worker about 50 per cent of the burden of industrial acci
dents in the most favorable States and from 65 to 80 per cent in
those less favorable.
In most cases the actual maximum and minimum payments are
named, but in a few it is the basic wage that is noted, payments
being computable therefrom. No maximum or minimum provision
is fixed in two States (Alaska and Arizona). Fixed amounts depend
ing on the number of dependents are payable in Washington. Under
the provisions for temporary total disability the Philippines have a
maximum of $9 a week. Three States 13 have a maximum of $12,
twelve 14 of $15, five 15 of $16, one 16 of $16.50, six 17 of $18, while
fifteen 18 permit amounts above $18 per week. Monthly maximums
are prescribed in Nevada ($72), Oregon ($97), Wyoming ($90), and
by the Federal civil employees’ law ($116.66).
Partial disability.— Temporary partial disability is usually com
pensated for by the payment of a fixed percentage of the wage loss,
the term and amount, both weekly and total, being limited. The
term and maximum amount fixed by the various statutes are pre
sented in the table on page 17.
8 Alaska and W yom ing. See also W ashington.
®Three years in California, Kansas, New Hampshire; four years in Illinois, South Dakota, Wisconsin.
Alabama, Georgia, Indiana, Iowa, Louisiana, Maine, Michigan, Missouri, N ew Jersey, New
M exico, Pennsylvania, Rhode Island, and Virginia.
Colorado, Connecticut, Hawaii, and Utah, 312 weeks; Kentucky, 335; Nebraska, 350; Texas, 360.
12 Idaho, Montana, Tennessee, 400 weeks; M aryland and Ohio, 416; Massachusetts, 500.
13 Colorado, New Mexico, Virginia.
h Alabama, Delaware, Georgia, Iowa, Kentucky, Montana, Nebraska, N ew Hampshire, Pennsylvania,
Porto Rico, South Dakota, and Vermont.
I5 Idaho, Rhode Island, Tennessee, Utah, West Virginia,
is Indiana.
17 Kansas, Maine, Maryland, Massachusetts, Michigan, and Oklahoma.
18 Ohio, $18.75; Illinois, $19; Wisconsin, $19.50; Hawaii, Louisiana, Minnesota, Missouri, N ew Jersey,
North Dakota, and Texas, $20; California, $20.83; Connecticut, $21; New York, the District of Columbia,
and the longshoremen’s act, $25.
COMPARISON OF COMPENSATION AND INSURANCE SYSTEMS
19
Permanent partial disabilities are dealt with in two ways— one by
paying a percentage of the wage loss, the other by payments for fixed
periods for specified injuries. The two methods exist side by side in
most States, all the laws but that of New Hampshire and the Federal
civil employees’ statute having schedules of greater or less fullness,
while injuries not included therein are compensated on a percentage
basis. In all but three States the schedule payments are weekly
amounts based on wages; while in these three (Alaska, Washington,
and Wyoming) the payments are fixed sums. In Wisconsin weekly
periods are fixed only for “ lesser permanent partial” injuries, major
injuries being compensated on the basis of percentage of permanent
total disability.
Schedule provisions may provide for payments in addition to the
period of total disability (healing period) or they may cover the
entire allowance for the injury other than medical aid. Such pay
ments are exclusive in 23 States,19 and are in addition to the healing
period in 25.20 In Massachusetts compensation is paid for the term
of total disability, and also for partial disability after the schedule
period; the same is true in Rhode Island, subject to a maximum term
of 300 weeks. In Maine the schedule payment is in lieu of temporary
total disability payments, but subsequent partial disability is compen
sated to extend not more than 300 weeks from the date of the injury.
In New York and under the District of Columbia act and the long
shoremen’s act the schedule payments are normally in lieu of all other
payments, but if the period of temporary total disability is protracted beyond designated periods the schedule period is extended
correspondingly. In Georgia a uniform period of 10 weeks is allowed
as healing time.
The following table shows the number of weeks’ payments pro
vided by the laws of the several States for the injuries specified:
T a b l e 8 —N U M B E R
OF W E E K S F O R W H IC H C O M P E N S A T IO N IS
S P E C IF IE D IN JU R IE S IN T H E S E V E R A L S T A T E S
PAYABLE
FOR
Loss of—
State
Arm
(at Hand
shoul
der)
Ala.a_ __ _ 200
Ariz.*>..........
280
Calif.0 ____ c 246
C olo.b_........ 208
Conn.6____
208
194
Del.«__.
D .C .d
312
G aA .
200
H aw aii6. _ _ 312
Idaho *____
200
150
217
«186
104
175
158
244
150
244
150
In M id Ring Lit
Sight Hear Hear
Other of
dle
ing, ing,
fin tle Leg (at Foot Great
T h u m b dex
1
1
both
toe
toe
fin fin ger fin
hip)
ear
ears
eye
ger
ger
ger
60 35
65 39
e 42 c34
35 18
60 38
60 35
75 46
60 35
60 46
30 20
30
30
c 25
13
30
20
22
c25
7
25
30
30
30
30
15
20
25
20
25
12
15
17
c16
9
20
15
15
15
15
9
175 125
217 179
c 206 c 166
208 104
208 156
194 135
288 205
175 125
288 205
180 125
30
30
c 34
18
38
10
11
4
13
30
38
30
38
15
10
16
10
16
6
100
108
^125
104
156
113
160
100
128
100
87
150
260
'I B '"
52
139
156
52
200
150
312
115
60
35
« Paym ents under this schedule are exclusive of or in lieu of all other paym ents.
b Payments under this schedule are in addition to paym ents for temporary total disability during the
healing period.
c Compensation varies with occupation and age. Figures given are for laborer, 45 years of age.
d In lieu of other paym ents unless period of temporary total disability exceeds fixed periods for each class
of injury.
• Payments under this schedule are in addition to payments for temporary total disability during the
healing period. 99 per cent of specific schedule to be paid employee. Em ployer must pay 2 per cent
additional to specific indem nity fund.
19 Alabama, Alaska, California, Delaware, District of Columbia, Indiana, Iowa, Kansas, Kentucky-,
Louisiana, M aine, Michigan, Missouri, Montana, New York, Oklahoma, Pennsylvania, Philippines,
Tennessee, Texas, West Virginia, Wisconsin, United States (longshoremen’s act).
20 Arizona, Colorado, Connecticut, Georgia, Hawaii, Idaho, Illinois, M aryland, Massachusetts, M inne
sota, Nebraska, Nevada, New Jersey, N ew Mexico, North Dakota, Ohio, Oregon, Porto R ico, R hode
Island, South Dakota, Utah, Vermont, Virginia, Washington, and W yom ing.
20
T able
W O R K M E N ’S COMPENSATION LAW S, UNITED STATES
8 .—N U M B E R OF W E E K S F O R W H IC H
C O M P E N S A T IO N IS P A Y A B L E
S P E C IF IE D IN JU R IE S IN T H E S E V E R A L S T A T E S — Continued
FOR
Loss of—
State
111.*
I n d .® .........
Iowa®__-__.
Kans.®........
Ky.®
L a .® „..........
M e ./
Md.*>___ _
M ass.17.
Mich.®
M inn.*____
Mo.®______
Mont,®____
N e b r A ___
N ev .5..........
N . J.V
N . M ex.fo„__
N. Y J
N . Dak,&__.
Ohio*5_____
Okla.®
Oreg.*>_____
Pa.®.............
P. I.®__........
R . l .o ..........
S. Dak.*>___
Tenn.3........
Tex.®______
U tah*
V t.»_____ _
V a.6.............
W . V a.°___
Wis.®_____ _
U . S.i
Arm
(at Hand Thu m b
shoul
der)
225
250
225
210
200
200
150
200
50
200
200
232
200
225
260
230
150
312
234
200
250
416
215
208
100
200
200
200
200
170
200
240
312
170
200
150
150
150
150
125
150
h 50
150
175
175
150
175
217
175
110
244
195
150
200
329
175
160
80
Sight Hear Hear
In M id Ring Lit
ing, ing,
dex dle fin tle Leg (at Foot Great Other of
toe
toe
1
1
both
fin fin ger fin
hip)
ger
ger
eye
ear
ears
ger
70
60
40
60
60
50
50
50
12
60
40
40
30
37
45
30
30
30
12
35
35
35
25
30
30
20
25
25
12
30
25
30
20
20
20
20
20
15
15
15
20
18
20
12
20
20
15
15
12
15
60
60
30
60
65
35
45
20
35
39
30
35
15
30
30
30
15
30
24%
30
20
35
12
20
22
15
22
9
15
17
20
10
25
15%
20
30
39
30
25
13
20
35
20
20
10
20
20
21
12
15
20
20
15
25
15
12
15
13H
15
15
26
15
10
9
15
15
15
9
10
15
20
16
15
150
150
150
150
140
150
200
65
30
75
45
60
60
104
60
40
25
50
60
60
30
40
60
80
244
75
40
20
46
29K
35
35
69
35
30
18
35
35
45
20
25
35
40
35
46
30
30
30
15
20
30
28
25
30
190
200
200
200
200
175
150
175
50
175
135
150
125
125
125
125
125
150
50
125
35
60
25
30
30
20
25
25
12
30
12
20
15
10
10
10
10
10
12
10
120
150
100
110
100
100
100
100
50
100
200
207
200
215
217
175
140
288
234
175
150
150
125
150
173
30
40
15
30
30
10
14
6
10
11
125
100
205
136H
125
30
15
38
im
30
30
43
240
150
277
150
130
70
125
125
125
125
120
125
140
10
8
16
m
10
10
17
288
205
38
175
381
215
190
100
160
175
200
180
170
175
25
1.5
30
30
30
15
20
30
40
25
10
5
10
10
10
6
10
8
16
8
16
50
25
100
150
100
50
100
100
118
100
125
108
52
44
50
87
156
168
120
100
260
100
100
160
100
100
100
173
125
84
80
40
35
60
29H
160
135
150
156
100
100
100
100
100
100
132
160
150
416
‘ ~40’ ’ " ” 208
150
150
43
50
170
52
200
®Payments under this schedule are exclusive of or in lieu of all other payments.
Payments under this schedule are in addition to paym ents for temporary total disability during the
healing period.
c Compensation varies with occupation and age. Figures given are for laborer, 45 years of age.
d In lieu of other payments unless period of temporary total disability exceeds fixed periods for each class
of injury.
* Payments under this schedule are in addition to paym ents for temporary total disability during the
healing period. 99 per cent of specific schedule to be paid employee. E m ployer must pay 2 per cent
additional to specific indem nity fund.
f Payments cover total disability. Partial disability based upon wage loss m ay be compensated at end
of periods given for not over 300 weeks in all.
* Paym ents under this schedule are in addition to paym ents for temporary total and permanent partial
disability.
h Right hand, 75 weeks.
* Longshoremen. In lieu of other payments unless period of temporary total disability exceeds fixed
period for each class of injury.
MEDICAL BENEFITS
All compensation States now provide medical benefits. Under 14
laws21 neither time nor amount is limited. The period is without
limit in 8 other States which limit the amount, while the time but
not the amount is limited in 11 States. However, time or amount
or both may be increased in the discretion of the commission in 19
States, so that there are but 8 States22 in which both items are abso
lutely restricted.
21 California, Connecticut, District of Columbia, Hawaii, Idaho, Illinois, Nebraska, N ew Y ork, N orth
Dakota, Porto Rico, Philippines, Washington, and United States (civil employees’ and longshore
m en’s acts).
32 Alabama, Colorado, Montana, N ew Mexico, Rhode Island, South Dakota, Tennessee, and Verm ont;
COMPARISON OF COMPENSATION AND INSURANCE SYSTEMS
21
The provision is generally without cost to the workman, but in
Alaska the employer may deduct $2.50 per month, in Arizona and
Nevada, one-half the cost, Aot over $1 per month, and in Washing
ton one-half the cost, from the employee’s wages to maintain a
medical fund.
The following table presents the facts in more detail:
T
able
9 .—
M A X IM U M
State
Alabama__ ________
A la s k a ____________
Arizona ___________
California_________
Colorado___________
Connecticut_______
D e la w a re .________
District of Colum
bia. ____________
Georgia____________
H aw aii...__________
Idaho _____________
Illinois _________ _
Indiana____________
Iow a. ____________
K a n s a s _______ ____
K entucky___ ______
Louisiana________...
Mai no_____________
M aryland_________
Massachusetts_____
M ichigan__________
Minnesota_________
M issouri..... ..............
M ontana__________
Nebraska__________
P E R IO D S A N D A M O U N T S OF M E D IC A L
V A R IO U S C O M P E N S A T IO N L A W S
Maximum
period
Maximum
amount
60 days_______
1 y e a r..............
90 days 1______
Unlimited____
60 days_______
U nlimited____
30 days _____
$100
2 Unlimited.
2 Unlimited.
Unlimited.
200
Unlimited.
1 100
U nlim ited____
30 d a y s 1______
Unlimited
____ d o ....... .......
U nlim ited__ _
30 days *______
4 weeks_______
60 days.............
90 days 1______
Unlimited____
30 days 1_____
U nlimited____
2 weeks 1_____
90 days__.........
........do.1. ..........
60 days 1_____
6 months.........
U nlimited____
Unlimited.
100
Unlimited.
Unlimited.
Unlimited.
Unlimited.
1 100
1 100
1 100
250
1 100
500
Unlimited.
Unlimited.
Unlimited.
250
500
Unlimited.
State
S E R V IC E
Maximum
period
N evada. __ ____ 6 months 1____
New Hampshire___ 14 days_______
N ew Jersey________ U nlim ited____
N ew M exico_______ 10 days.............
New Y ork_________ U nlimited____
N orth Dakota.......... ____ d o ________
____
Ohio. ____________ ........do
Oklahoma................. 60 davs L
Oregon____________ Unlim ited____
Pennsylvania______ 30 days___ ____
Philippines............... U nlim ited____
Porto R ico_________ ........ d o ________
Rhode Island______ 8 weeks. _ ___
South Dakota_____ 12 weeks______
Tennessee_________ 30 days_______
Texas______________ 4 weeks
___
U tah______________ Unlimited____
Vermont ________
2 weeks__ ____
Virginia. ___________ 60 days_______
W ashington_______ Unlimited 3__
West Virginia__ _ ___ d o ________
W isconsin_________ 90 days 1______
W yom ing__________ Unlim ited____
United States:
Civil employees. ____ d o ________
Longshoremen. _ ........d o___.........
UNDER
Maxim um
amount
2 Unlimited.
Unlimited.
1 $100
150
Unlimited.
Unlimited.
1 200
1 100
1 250
1 100
Unlimited.
Unlimited.
150
200
100
Unlimited,
1 500
3 50
Unlimited.
Unlimited.
800
Unlimited.
300
Unlimited.
Unlimited.
1Additional service in special cases or at discretion of commission.
2 Employees contribute.
sAlso hospital first 30 days, maximum, $150.
ADM INISTRATION AN D SETTLEMENT OF CLAIMS
The desirability of an administrative agency charged specifically
with the supervision of the compensation laws is recognized by all
but seven States 23 having such laws. In these States the agree
ments between the parties may be without supervision, or there may
be provision for approval by the court. Summary procedure is
generally directed, but a jury trial may be demanded in certain cases.
Appeals to courts, usually limited to questions of law, are provided
for in practically all jurisdictions.
ACCIDENT REPORTING AN D PREVENTION
Nothing is more striking in connection with the subject of accident
reporting than its lack of uniformity. The importance of complete
reports, showing causes, nature, severity, and costs has been too little
recognized, even among those charged with the administration of the
laws; while the employer has been too prone to minimize or disregard
the occurrence of accidents except as an unfortunate incident and a
possible source of an action for damages. The necessity of securing
23 Alabama (limited supervision b y compensation commissioner), Alaska, Louisiana, N ew Hampshire,
N ew Mexico, Tennessee, and W yom ing (fund is supervised b y State treasurer).
22
W O R K M E N ’S COMPENSATION LAW S, UNITED STATES
complete data for purposes of safety engineering, as well as for the
determination of fair and adequate insurance rates is, however, gain
ing recognition, but much yet remains to be done before actually
comparable reports from the various States are available.
Only 26 States24 call for reports of all accidents, while 11 require
reports of those causing disability of one day25 or more than one
day.26 Other periods prescribed are; More than two days, Penn
sylvania; one week, Georgia (or requiring medical, etc., aid) and
Rhode Island; more than one week, Illinois; 10 days, Colorado; and
over two weeks, Alabama. In four States 27 reports are to be made
as directed or required by the authorities. The States28 whose
compensation laws contain no provisions for reports of accidents
have other laws on the subject, limited, however, to coal mines,
except in Louisiana, which requires reports of accidents causing
disability of two weeks or more where women and children are em
ployed. In Tennessee, besides the reports by coal operators in the
State fund, mine operators generally and employers in mills, factories,
etc., must report, the former to the chief mine inspector and the
latter to the division of workmen’s compensation.
Existing deficiencies in the compensation laws in regard to e v i
dent reporting and prevention are offset to some extent by the lact
that most States, particularly those of industrial importance, hare
inspection agencies for factories, mines, etc., which are charged with
duties of prevention, chiefly by way of enforcing safety statutes,
though some may also prescribe standards. Though some develop
ment appears in the direction of combining compensation adminis
tration with the enforcement of labor laws generally, the present
situation is one of distributed rather than consolidated responsibility.
However, the agency that administers compensation laws is also
given certain powers as to safety devices, at least of inspection, in 18
States 2^
NONRESIDENT A LIE N DEPENDENTS
The reopening of the question of discriminatory treatment of
alien nonresident dependents came with the enactment of compensa
tion laws. The rule had become almost universal under the liability
system, that they should have the same status as residents or citizens
of the States; but of the 22 State compensation laws on the statute
books at the close of the year 1913 nearly one-third (7) made dis
criminations unfavorable to such claimants, while in 1916, of 35
States nearly one-half (17) effected discriminations. A t the pres
ent time, of 50 laws analyzed, 32 have provisions more or less dis
criminatory, so that an increasing tendency in the directon of less
favorable treatment is recognizable. This may be by way of exclusion
(5 States50), reduced benefits (18 States31), permitting commutations
24 Arizona, California (involving time loss or medical aid), Delaware, District of Columbia, Maine,
M aryland, Massachusetts. Michigan, Missouri, Montana, Nevada, N ew Jersey, N orth Dakota, Ohio,
Oklahoma, Oregon, Porto Rico, South Dakota, Tennessee (in coal mines in State fund), Utah, Virginia,
W ashington, Wisconsin, W yom ing, and United States (civil em ployees’ and longshoremen’s acts).
25 Connecticut, Hawaii, Idaho, Minnesota, Philippines, and Vermont (or requiring medical aid).
26 Indiana, Iowa, Kentucky, New York, and Texas.
27 Kansas, Nebraska, New Hampshire, and West Virginia.
28 Alaska, Louisiana, and New Mexico.
20 Arizona, California, Colorado, Hawaii, Idaho, Indiana, M aryland, Montana, N ew Jersey, N ew York,
N orth Dakota, Ohio, Oregon, Pennsylvania, Utah, Vermont, West Virginia, and Wisconsin.
30 Alabama, Hawaii, New Mexico, Philippines, and South Dakota.
31 Alaska, Arizona, Colorado, Delaware, Georgia, Idaho, Iowa, Kansas, Kentucky, Maine, Michigan,
Montana, Nevada, Pennsylvania, Utah* Virginia, Washington, and W yom ing.
COMPARISON OF COMPENSATION AND INSURANCE SYSTEMS
23
to lump sums in reduced amounts (6 States 32), restricting possible
beneficiaries to persons of designated relationship, a provision that
may exist alone or in connection with reduced benefits (12 States33),
or the presumption of dependency may be destroyed (California), or
excluding payments to beneficiaries in countries with which the
United States does not maintain diplomatic relations (Washington).
In 7 States,34 nonresident aliens are placed on the same footing as
residents, while in 1 1 35 they are not mentioned. In 4 of these latter
(Indiana, Massachusetts, North Dakota, and Rhode Island) they
have been included by administrative or court action, as is the case
with the Federal employees' statute.
A number of States except residents of Canada from their dis
criminatory provisions, or declare such provisions subject to conflict
ing terms of any treaty, or deny all benefits to aliens whose national
laws would exclude citizens of the United States in like circum
stances.
A conspectus of the items discussed in the foregoing pages is given
in the accompanying chart.
The text of the laws appears on pages 53 to 216.
82 District of Columbia, Maryland, Nebraska, N ew York, Oklahoma, and U nited States (longshore
m en’s act).
83 Delaware, District of Columbia, Kentucky, Maryland, Nebraska, N ew York, Oregon, Pennsylvania,
Washington, W est Virginia, W yom ing, and U nited States (longshoremen’s act).
** Connecticut, Illinois, Minnesota, Ohio, Tennessee, Texas, and Wisconsin.
ss Indiana, Louisiana, Massachusetts, Missouri, N ew Hampshire, N ew Jersey, North Dakota, Porto
R ico, Rhode Island, Vermont, and U nited States (civil employees).
PART II
COMPARISON OF WORKMEN’S COMPENSATION LAWS
OF CANADA
25
PROGRESS OF LEGISLATION
Compensation legislation in Canada has an earlier origin than in
the United States, due undoubtedly to the influence of Great Britain.
The British act of 1897, extended in 1900, and replaced by an act of
1906 is of a type quite distinct from that adopted by any State
of the United States. However, it very naturally furnished a model
for the earlier legislation of the Provinces which first took action of
this kind. Following is a list of the Provinces having laws of this
type, arranged in chronological order ,of the enactment of the original
law:
British Columbia---------------- -------------------------------------------------------- 1902
Alberta________________________________________ _________________ 1908
Quebec_____________________________________________ ____________ 1909
Manitoba____________________ ___________________________________ 1910
•Nova Scotia_____________________________________________________ 1910
Ontario______________________________...______________________ _— 1914
Yukon Territory--------------------------------------------------- ------------------- - 1917
New B runswick______ :____________________________________ _____ 1918
The act of British Columbia of 1902 continued in force until 1916,
and that of Alberta of 1908 was not superseded until 1918. New
laws were enacted in Nova Scotia and Manitoba in 1915 and 1916,
respectively, again in Manitoba in 1920, and a revision and consolida
tion in Quebec in 1926 and again in 1928.
Arbitrators and judges of courts were the recourse for the settle
ment of disputes under the older laws, and the very limited recoveries
provided fell far short of the liberality of the law of Ontario, for
instance, which Province first came into line in 1914 with a law
patterned after the United States type rather than that of Great
Britain. Some of the Provinces appointed commissions to investi
gate the workings of statutes in the States before revising existing
legislation or enacting new laws. This has been influential in estab
lishing throughout the two adjacent countries a system of legislation
comparable in many aspects. The later laws are administered by
special boards in most instances, Yukon Territory being the exception.
Prince Edward Island and Saskatchewan are as yet without any
compensation legislation, the so-called compensation law of the
latter Province being in fact a liability statute.
An act of the Dominion Parliament of 1918 provides that em
ployees of the Federal Government killed or injured in their work
shall come under the compensation law of the Province in which
the accident occurred.
C AN AD IAN AND UNITED STATES LAW S COMPARED
An analysis of the Canadian laws shows a number of striking
characteristics and of deviations from the type of compensation act
prevalent in the United States. Some of the more important of
these are the following:
1.
In Canada there is a noticeable uniformity among most of the
compensation laws. This uniformity applies to the scop© of the
46675°— 29-------8
27
28
PART II. COMPARISON, LAW S OF CANADA
acts, benefits, injuries covered, administration, and procedure. In
the compensation acts of the United States many variations are in
evidence.
2. In Canada all of the laws are compulsory as to the employers
coming within the scope of the act. In the United States only 18,
including the United States civil employees’ act, are compulsory
while 32 are elective.
3. In Canada the scope of the law in each Province (Yukon Terri
tory excepted) is limited to enumerated employments, though the lists
are quite inclusive. There is some diversity in the number of such
employments, but the principal hazardous industries are covered,
including manufacturing, mining, construction, and transportation.
In the United States only 12 States limit their scope to the so-called
hazardous industries, while 88 States cover industries generally.
4. In Canada occupational diseases are compensable in every
Province except Quebec and Yukon Territory. Such diseases, how
ever, are limited to those enumerated in the statutory schedule. In
the United States only IT of the 50 laws include occupational dis
eases.
5. In Canada all of the Provinces except Quebec and Yukon Terri
tory have exclusive State insurance funds. In Ontario, however,
employers under schedule 2 (municipalities, railroad, express, tele
phone, telegraph, and navigation) are permitted self-insurance. In
Nova Scotia employers under schedule III insure fishing industry
risks with private companies. In the United States only 7 of the 50
compensation laws have exclusive State funds, while 12 have com
petitive State funds.
6. In Canada probably the most significant characteristic of com
pensation legislation is the assumption of liability on the part of
the Province having insurance funds for the solvency of such funds,
any temporary deficit being made up from other provincial funds.
Under no law of any State of the United States is such liability
assumed.
7. In Canada the workmen’s compensation boards have exclusive
and final jurisdiction over all compensation matters, no appeal to
the courts being permitted except in New Brunswick and Nova
Scotia. In these two Provinces appeal may be had to the supreme
court upon questions of law, but only with the permission of the
judge of said court. In none of the American States does the admin
istrative commission have final decision, appeals to courts being al
lowed on questions of law in every jurisdiction, and of fact in some.
8. In Canada members of the workmen’s compensation boards
hold office during good behavior, except that in Alberta and in British
Columbia the term of office is 10 years. In most of the Provinces,
however, they are subject to compulsory retirement at the age of 75.
Each board is authorized to appoint its officers and employees and to
fix their salaries. The term of office of such employees is subject to
the pleasure of the board. In the United States the term of office of
compensation commissioners is usually 3, 4, or 5 years.
9. As regards liberality, the benefits of the Canadian laws are
about on a par with the more liberal of the American acts. The
scale of benefits averages perhaps somewhat lower, but the periods
for which benefits are paid are as a rule longer. In Canada, except
COMPARISON OF COMPENSATION
AND
IN SU RAN CE
SYSTEM S
29
in Yukon, compensation is paid during disability or until the death
or remarriage of the widow, while in most of the States the compen
sation periods terminate at the end of 300, 400, or 500 weeks, though
some pay during life. In none of the Provinces (Yukon Territory
excepted) is the waiting period over 1 week, and in most of the laws
compensation, wThen payable, begins from the date of the injury,
whereas in the United States three States have a waiting period of 10
days, while four have 2 weeks. The early Canadian laws did not
provide for medical benefits, but all except that of Yukon Territory
have now made provision therefor; in the United States all the laws
require medical service.
COMPARISON OF COMPENSATION AN D INSURANCE
SYSTEMS
All the Canadian compensation laws are compulsory as to em
ployers coming within their scope. All except that of Yukon Terri
tory require private employers to insure, and an exclusive provincial
fund exists in every Province except Quebec and Yukon Territory;
though in Ontario municipalities and common carriers (Schedule 2)
may act as self-insurers and in Nova Scotia a separate system exists
for the fishing industry. These funds are administered by work
men’s compensation boards, which classify the industries according
to hazard, fix rates, collect premiums, act on claims, and pay benefits.
The boards are distinctively compensation boards and do not have
the administration of other labor laws, as is the case in a number of
the States, though they do have certain powers for accident preven
tion and the inspection of premises for safety. As already noted,
their powers of decision are complete, and in case of deficits in funds
advances may be made from other provincial funds until assessments
can be made to restore solvency,
SCOPE OR COVERAGE
The scope or coverage of the Canadian laws is of a more restricted
form than that of most of those of the United States. In all of the
Provinces (Yukon Territory excepted) the employments covered are
limited to enumerated industries. Most of the laws exclude agricul
ture and domestic service, outworkers, nonhazardous public employ
ments, and casual employees employed otherwise than for the pur
pose of the employer’s business. Alberta also excludes certain classes
of railroad employees, reported by the commission as amounting to
about 55 per cent of the total. The law of Yukon Territory does not
apply when the employer has less than five workmen and of Quebec
when less than seven workmen; and the power given the boards
to extend or reduce the scope of the laws by classifications, regula
tions, etc., has been exercised, notably in Ontario, to exclude various
classes of small employers. Public employments are generally in
cluded only to the extent that the nature of the work is such as to fall
within the enumeration of industries covered. Exempted employ
ments usually are given the privilege of coming under the act if
either the employer or employee so desires.
I f the workman is injured while outside the Province, most of
the laws grant compensation if the place of business of the employer
30
PART II. COMPARISON. LAWS OF CANADA
and the usual place of employment of the workman are within
the Province. In Manitoba, however, this rule applies only to work
men on railroads and steamships, and in Quebec only if the law of
the place of injury does not provide compensation; no mention is
made of the subject in the law of Yukon Territory.
OCCUPATIONAL DISEASES
The influence of the compensation act of Great Britain is nowhere
more clearly seen than in the provisions of the laws relating to in
juries covered. As to accidental injuries, every law except that of
Quebec uses the phrase “ personal injury by accident arising out of
and in the course of the employment, unless it is attributable solely
to the serious and willful misconduct of the workman,” found in the
British act. All but three 1 also follow this act in allowing compen
sation for injuries due to willful and serious misconduct if they
result in death or serious disability. In addition, New Brunswick
excludes injuries if intentionally self-inflicted, due to intoxication,
or caused by a fortuitous event not connected with the industry, while
Yukon Territory excludes those caused by intoxication.
In the matter of occupational diseases the list formulated by the
British act of 1906 was followed exactly by some laws, even though
additions had already been made to the original list. Others ac
cepted some of the additions made, and later laws following the
method of enumeration show the influence of the British tendency
to extend the list, but none carries the full list now found in the
British law, partly, no doubt, on account of differing industrial
conditions. Occupational diseases are not compensated in Quebec
and Yukon, while in New Brunswick the quest on of enumeration
rests with the board, which has prepared a list corresponding with a
major part of the standard items under the British law.
W A ITIN G TIME
In but one Province (Yukon Territory) is the waiting time in
excess of seven days; in three it is but three days. The length of
waiting time in each Province and the rule as to retroaction in case
of disability continuing for prescribed periods are as follows:
Province
____
Alberta
British Columbia.
Manitoba
_____ ____
New Brunswick __
Nova Scotia__
O n tario ___
______
Quebec. __
________
Yukon Territory________
Waiting period
3 days.
3 days.
3 days.
7 days.
6 days.
6 days.
7 days.
13 days.
None if disability lasts more than 14 days.
None
None
None
None
if
if
if
if
disability
disability
disability
disability
lasts
lasts
lasts
lasts
over 6 days.
over 6 days.
6 weeks or more.
over 13 days.
COMPENSATION SCALE
The Canadian compensation acts differ from most of the acts in the
United States in that they provide specific monthly payments for
^■New B ru n sw ick , Quebec, and Y u kon T e rr ito ry .
COMPARISON
OF COMPENSATION AND
INSURANCE
SYSTEM S
31
widows, dependent widowers, and children instead of percentages of
the wages of the decedent. In Quebec, however, a percentage is used,
and in Yukon Territory a lump sum of $2,500 is paid dependents.
This in effect establishes a uniform relief on the apparent assumption
of a standardized necessary support, tending to reduce to uniformity
the conditions of the families of the higher and lower paid work
men, In three Provinces (New Brunswick, Nova Scotia, and On
tario) the wage rate is effective in restricting amounts, not more than
a fixed rate (55 per cent of the wages in the first two and 66% per
cent in Ontario) being allowed as aggregate benefits. As regards
disability, all laws use the percentage basis for disabilities, except
that of Yukon Territory, where a lump sum is paid for permanent
total disability, and fixed amounts for specified permanent partial
disabilities.
Medical, surgical, and hospital aid is uniformly provided except in
Yukon, artificial members and appliances as needed being also pro
vided for in British Columbia, Manitoba, Ontario, and Quebec. In
Nova Scotia treatment is limited to 30 days.
Burial expenses are to be met in all fatal cases except in Yukon,
where a lump sum is paid as a death benefit to dependents; if there
are no dependents, expenses of last sickness and burial are provided
for up to $500.
Compensation proper in case of death is usually a fixed sum
monthly to the .surviving consort ($30 in Manitoba, New Brunswick,
and Nova. Scotia, $35 in Alberta and British Columbia, and $40 in
Ontario), with additional sums for children under the age of 16.
This sum is $7.50 in British Columbia, New Brunswick, and Nova
Scotia, $10 in Ontario, and in Alberta and Manitoba $12 for the
eldest, $10 for the second, $9 for the third, and $8 for each other
child. Restrictions are that the aggregate shall not exceed 55 per
cent of the wages in New Brunswick and Nova Scotia, 66% per cent
in Ontario, and $65 per month in British Columbia, while no limit
is set in Alberta and Manitoba. As already noted the law of Quebec
grants percentages of wages— 30 per cent to a consort and 10 per cent
additional to each child, not over 60 per cent in all, while in Yukon
a lump sum of $2,500 is payable simply if there are dependents.
Benefits to a widow continue until death or remarriage; in the
latter event, she receives a lump sum of $480 in Alberta, two years’
benefits in Manitoba, New Brunswick, and Ontario, same not to
exceed $480 in British Columbia, 12 months’ benefits in Quebec, and
$20 monthly for 25 months or an equivalent lump sum in Nova
Scotia.
For total disability the provision^ of the laws show a tendency to
vary quite suggestive of the practice in the United States. The
payments continue during disability except in Yukon, and are 55
per cent of the wages in New Brunswick and Nova Scotia, 62y2 per
cent in British Columbia, and 66% per cent in Alberta, Manitoba,
Ontario, and Quebec. The minimum is $5 weekly in British Co
lumbia and Nova Scotia, $6 in New Brunswick and Quebec, $10 in
Alberta, $12.50 in Ontario, and $15 ($12.50 if disability is temporary)
in Manitoba. This minimum is reduced in six Provinces to the
actual wage in case it is les^ than the sum named. A limitation on
the wage used as a basis of computation fixes the maximum— $2,000
32
PART II. COMPARISON, LAW S OF CANADA
per annum in British Columbia, Manitoba, and Ontario; $1,200 in
Nova Scotia; and $125 per month in New Brunswick. In Yukon, if
the disability is permanent, $3,000 is paid as a lump sum; if tem
porary, 50 per cent of the earnings payable weekly for not more
than six months.
AD M IN ISTR ATIO N AND SETTLEM ENT OF CLAIMS
With the exception of Yukon Territory, the Canadian laws provide
for administration by special boards, with full and usually final
powers of determination of all matters arising in connection with the
subject of compensation.
ACCIDENT REPORTING A N D PREVENTION
In all jurisdictions except Yukon Territory employers are re
quired to report accidents befalling their employees to the work
men’s compensation boards. The common qualification is that they
must be disabling or cause inability to earn full wages (New
Brunswick, Nova Scotia, Ontario, Quebec), though some require
the reporting simply of “ an accident ” (Alberta, British Columbia,
Manitoba).
Inasmuch as the administration of the compensation acts is prac
tically the sole function of the boards, there is little tendency to
charge them with the duty of accident prevention. Provisions there
for are found, however, in Alberta, British Columbia, and Quebec,
while in Ontario the board may inspect for compliance with safety
laws.
NONRESIDENT A LIE N DEPENDENTS
The tendency to avoid or restrict compensation payments to non
resident dependents is hardly so evident in Canada as in the United
States. However, special provision is made in all laws but that of
Quebec, the most common disposition of the matter being to allow
compensation if by the law of the country of residence it would be
allowed to a dependent of a citizen of the Province in question
killed in employment in the foreign country. This is in effect the
provision of the laws of Manitoba, New Brunswick, Nova Scotia,
and Ontario. Except in New Brunswick, it is further provided
that benefits will be limited in amount to the scale established by
the foreign law; while in British Columbia compensation is allowed
without reference to comity but may be reduced to correspond to
any existing difference in cost of living.
The appended chart presents in conspectus the items discussed
above. The same headings are used as in presenting the State laws,
though except for exactness in comparability two might have been
omitted— the one headed “ Suits for damages ’’— such proceedings
being uniformly forbidden except in Yukon, where an option is
given a workman whose injury is due to the negligence of the em
ployer, and that headed “ Special contracts,” no substitute schemes
being allowed in any Province; even the purpose of uniformity
would not justify the reproduction of the columns relating to elec
tion when all the laws are compulsory.
The text of the laws appears on pages 219 to 243.
PART III
ANALYSIS OF THE PRINCIPAL FEATURES OF THE
LEGISLATION OF THE UNITED STATES
1927 AND 1928
[This analysis is merely supplementary to the analysis found in Bulletin
No. 423. All of the amendments found in the text are not analyzed. Only
the most important changes in the law are here considered.
For actual
changes it is necessary to consult text in Part V.]
33
ANALYSIS OF THE LEGISLATION
A LA SK A
Date of reenactment.— New act, 1927, chapter 77; in effect August 7, 1927.
Injuries compensated.— Personal injury causing disability for more than one
week, or death, arising out of and in the course of employment, not due to the
employee’s willful intention to injure himself or another or to his intoxication.
Industries covered.— All private employments in which five or more persons
are employed, unless election to the contrary is made; domestic service, agri
culture, dairying, and the operation of railroads as common carriers excepted.
Persons compensated.— Private employment: All employees in industries cov
ered; independent contractors excluded, Public employment not included.
Compensation for death:
(а) If married, $4,500 to widow, $900 additional for each child under 16
years of age, or child wholly dependent by reason of mental or
physical incompetency, or unborn or posthumous child, and to de
pendent parent or parents, if any; if no widow, $4,500 to any minor
orphan, and $900 additional for each child under 16; no total to
exceed $9,000.
(б) I f unmarried, and dependent parent or parents, $1,800 to each.
(c ) I f no dependents, funeral expenses not to exceed $195, and other ex
penses, if any, to same amount.
Compensation for disability:
(a) Reasonably necessary medical and hospital treatment and necessary
transportation for not more than one year, for which employer may
deduct $2.50 per month from wages of each employee for separate
fund.
( ft) Permanent total disability: $5,400 to* workman alone; $7,200 if mar
ried, $900 additional for each child under 16, posthumous child, or
child over 16 dependent by reason of physical or mental incompe
tency; total not to exceed $9,000. I f no* wife or children, but one
dependent parent, $6,300; two* parents, $7,200.
(o) Temporary total disability: 65 per cent of weekly wages during its
continuance.
(d) Permanent partial disability: Fixed sums for specified injuries in lieu
of other payments, varying with marital condition and number of
children; maximum, $7,200.
Revision of benefits.— Readjustment must be made if within two years an
injury develops or proves to be such as to warrant higher award from that
previously made.
Insurance.— No provision.
Security of payment s.-— Attachment may be had pending result of action, or
employer may deposit cash or bond with court. Payments are not assignable
and are exempt from execution. Lien for full amount upon employer’s property
if notice filed within four months after injury.
Settlement of disputes.— By courts, either with or without jury trial.
ARIZONA
Amendment.— Acts of 1927, fourth special session, chapter 8.
CALIFORNIA
Amendments.— Acts of 1927, chapters 440, 589, 653, 702, 760, 761, 762, 834.
Industries covered.— Employers and employees engaged in farm work are
conclusively presumed to have accepted the act unless either of them rejects the
act prior to an injury. Convicts working on the State roads are expressly
excluded from the act.
35
36
PART III. ANALYSIS OF LAWS, UNITED STATES, 1 9 2 7 -2 8
Insurance.— The State fund is now authorized to insure employers under
Federal longshoremen’s act.
COLORADO
Amendments.— Acts of 1927, chapters 197, 198, 199.
Injuries covered.—-Members of a volunteer fire department of a city or vil
lage are now excluded.
Insurance.— Provisions relating to the State fund were amended making the
fund provide the salaries of its employees, enlarging the list of legal invest
ments for the fund, and making changes in procedure.
CONNECTICUT
Amendments.— Acts of 1927, chapters 188, 185, 304, and 307.
Injuries compensated.— “Arising out of and in the course of ” and “ occupa
tional disease ” are newly defined. Hernia awards are further restricted.
Compensation, for death:
(a) Burial expenses are now $200 instead of $100.
(d) Maximum weekly compensation is now $21 instead of $18.
Compensation, for disability:
Periods for some specific injuries have been changed.
DELA W A R E
Amendments.— Acts of 1927, chapters 192, 193.
Persons compensated.— The coverage now probably includes employees and
certain officials of the State and New Castle County. (See note with text.)
DISTRICT OF COLUMBIA
Date of enactment.— May 17, 1928; in effect July 1, 1928. 45 Stat. 600.
Injuries compensated,— Accidental injury arising out of and in the course of
employment, causing disability for more than one week o r death, including such
occupational diseases as arise naturally out of the employment, and injuries due
to the willful act of third persons on account of the employment; but excluding
injuries due solely to the intoxication of the injured employee, or his willful
intention to injure himself or another, and injuries compensable under State
law.
Industries, covered.— Any employer carrying on any employment in the District
of Columbia.
Persons compensated.— All employees of employers covered except (1) a
master or member of a crew of any vessel; (2) railroad employees engaged in
interstate or foreign commerce or commerce within the District of Columbia;
(3) employees covered by the Federal employees’ compensation act; (4) em
ployees engaged in agriculture, domestic service, any employment that is casual
and not in the usual course of trade, business, occupation, or profession of the
employer.
Compensation for death:
(a) Reasonable funeral expenses, not exceeding $200.
(b) To a widow or dependent widower alone, 35 per cent of wages, with 10
per cent additional for each child under 18; orphans or dependent
grandchildren or brothers or sisters under 18 receive 15 per cent
each; and dependent parents or grandparents, 25 per cent during
dependency. In no case may the total payments exceed 66% per
cent of the wages.
(c) Payments to a widow or widower cease on death or remarriage or when
dependence of widower ceases, with two years’ compensation in one
sum on remarriage. On such death or remarriage, payments to chil
dren under 18 are increased to 15 per cent each. Payments to minor
dependents terminate at 18, and to parents and grandparents when
dependence ceases.
(&) If there are no dependents, $1,000 must be paid to special funds.
No wages in excess of $37.50 per week may be considered in computing deatfy
benefits, nor may the minimum basis be less than $12, but no weekly
benefit may exceed the actual wage.
ANALYSIS OF LAWS---- ILLINOIS
37
Compensation for disability:
(a) Medical, surgical, nurse, and hospital service and treatment, including
crutches and apparatus, for such period as the nature of the injury
or process of recovery may require, costs to be subject to regulation
by the deputy commissioner.
(&) For total disability, 66% per cent of the wages, during its continuance;
if due to second injury, employer pays only for proportionate results,
balance from special fund.
(o) For partial disability, two-thirds of the wage loss, for not more than
five years, if temporary; for specific injuries, maimings, etc., 66%
per cent of the wages for designated periods, subject to extension in
case of prolonged healing time; lump sum for serious facial or
bead disfigurement; also allowance from special fund for mainte
nance during vocational rehabilitation.
Payments may not be more than $25 per week nor less than $8, unless wages
are less, then full wages.
Periodical payments may be commuted to a lump sum in any case in
which the deputy commissioner determines that it is for the best
interests of the beneficiary.
No total compensation benefit under this act may exceed $7,500.
(This
includes funeral benefits, but not medical, etc., treatment.)
Revision of benefits.— A deputy commissioner, on his own initiative or on
application of a party in interest on the ground of a change in condition, may
review an order at any time during the term of an award; prior payments are
not affected.
Insurance.— Insurance in an approved company or proof of adequate financial
ability to meet payments is required of all employers under the act.
Security of payments.— Final awards are enforceable by proceedings in the
district court having jurisdiction of the place in which the injury occurred.
Payments are not assignable, are exempt from claims of creditors, and have
the same preference against the assets of the employer or insurer as is allowed
in case of unpaid wages, without limit as to amount.
Settlement of disputes.-—By deputy commissioners, with review by Federal
district courts on questions of law.
H A W A II
Amendments.— Acts of 1927, act No. 207.
Compensation for disability:
(c) In cases of permanent partial disability of minors, the compensation
shall not in any event be less than $5 per week.
IDAHO
Amendments.— Acts of 1927, chapters 106, 181.
Persons compensated.— Public “ officials,” with the exception of “ judges of
election, clerks of election, or jurors,” now covered. Salary limit of $2,400
abolished.
Compensation for disability:
(b) If married, with children, additional allowances shall not be less than
$8 a week for period not exceeding 400 weeks and thereafter $6 a
week.
(o) Ninety-nine per cent under specific schedule to injured person, 2 per
cent to second injury fund.
Security of payments.-— Security may now be required to be deposited with
industrial accident board.
ILLINOIS
Amendments.— Acts of 1927, page 497.
Compensation for death:
(a) To persons wholly dependent, a sum equal to four years’ earnings, not
less than $1,650 (to a widow with one child under 16, $2,150, and
if two children, $2,250, if three or more children, $2,350) nor more
than $3,750 (to a widow with one child under 16, $4,200; and if two
children, $4,450; and if three or more children, $4,550),
38
PART III. ANALYSIS OP LA W S, UNITED STATES, 1 9 2 7 -2 8
IN D IA N A
Amendments.— Acts of 1927, chapter 34.
Compensation for death:
(c) Wages are now to be considered as not above $30 instead of $24, nor
less than $16 instead of $10, but in no case shall payments exceed
the average weekly wage of employee.
Compensation far disability:
(a) Wage basis the same as for death benefit.
IO W A
Amendments.— Acts of 192T, chapter 32.
Compensation for death:
The commissioner is newly authorized, where employee left a surviving
spouse and child under 16 or incapacitated, to make an order for an
equitable apportionment of payments.
KA N SA S
Date of reenactment.— March 14, 1927; in effect June 30, 1927. Chapter 232.
Injuries compensated.— Injuries by accident arising out of and in the course
of employment, not due to intoxication or deliberate intention of injured em
ployee, or caused by his willful failure to use safeguards provided by statute
or furnished by employer, causing incapacity to earn full wages for at least
one week, or death.
Industries covered.— Railways, motor transportation, factories, quarries, eleo
trical, engineering work, laundries, natural-gas plants, county and municipal
work, employments requiring the use of dangerous explosive or inflammable
materials, if employing five or more persons; and mines or building work,
without reference to the number of employees, all in absence of contrary
election; employers in other industries and those employing less than five
persons may also elect.
Persons compensated.-— Private employment: All employees, including appren
tices, but excluding those employed otherwise than for the purpose of the
employer’s business. Public employment: Workmen on county and municipal
work.
Compensation for death:
(a) To persons wholly dependent, a sum equal to three years’ earnings
of the deceased employee, not less than $1,400 nor more than $4,000.
For nonresident alien beneficiaries the maximum is $750.
(?>) If only partial dependents survive, a sum proportionate to the Injury
to such dependents.
(c) A reasonable expense for burial, not exceeding $150.
Compensation ceases upon the marriage of any dependent, or when
a minor, not physically or mentally incapable of wage earning, shall
become IS years of age.
Compensation for disability:
(a) On demand, medical, surgical and hospital treatment, not over $100,
except in extreme cases, additional $100.
(&) For total incapacity, payments during incapacity after the first week,
equal to 60 per cent of earnings, but not less than $6 nor more
than $18 per week.
(e) For partial incapacity, 60 per cent of wage loss during incapacity,
after the first week. Payments equal to 60 per cent of the wages
for specified periods are to be paid for designated injuries, in lieu
of all other compensation, not more than $18 per week.
No payments for total or partial disability shall extend over more
than eight years.
After six months, lump sum equal to 95 per cent of payments due may
be substituted at employer’s option, the sum to be agreed upon or
determined by the commission; or workman may apply for a lump
sum settlement at any time.
Revision of benefits.— Any award may be modified at any time by agreement,
or either party may demand a revision.
Insurance.— The employer may insure in any approved insurance scheme
which provides compensation not less favorable than is provided in this act.
AN A LYSIS OF L A W S-----MICHIGAN
39
Security of payments.— If the employer was insured, the insurer shall be
subrogated to the rights and duties of the employer. Claims and awards are
not assignable or subject to execution, etc.
Settlement of disputes.— Disputes not settled by agreement or arbitration
may be decided by the public service commission.
LO U ISIA N A
Amendments.-—Acts of 1928, act No. 242.
M AINE
Amendments.— Acts of 1927, chapters 158, 252.
Injuries compensated.— The day of the accident shall be counted as one in
computing the 7-day waiting period.
Compensation for death:
(e) Expenses of last sickness has been dropped and in the event of no
dependents the $200 expenses allowed are for burial.
M A RYLAND
Amendments.— Acts of 1927, chapters 83, 395, 396, 536, 552, 587, 656, 660.
Persons compensated.— Officers and enlisted men of State militia not now
covered by act but officers of the State police force and all penal institutions,
guards are now covered.
Industries covered.— State prisoners engaged in extrahazardous employments
are now covered by the act.
Insurance.— No insurance policy shall now be available to protect employer
from the payment of extra compensation in case of minor illegally employed.
MASSACHUSETTS
Amendments.— Acts of 1927, chapters 291, 309; acts of 1928, chapters 171,
356.
Persons compensated.— “ Foremen, subforemen, and inspectors'” are now in
cluded in the terms “ laborers, workmen, and mechanics ” in public
employments. The act now has also limited application to members of the
national guard.
Compensation for death:
(&) To widow alone now $10 weekly and $2 for each additional child; for
not more than 400 weeks and not over $6,400.
Compensation for disability:
(b) For total disability, a sum equal to two-thirds the average weekly
wages, but not less than $9 nor more than $18 per week, not exceed
ing 500 weeks nor $4,500 in amount.
(c) For partial disability, the maximum weekly amount is now $18 in
stead of $16 and the total is $4,500 instead of $4,000.
MICHIGAN
Amendments.— Acts of 1927, chapters 19, 63, 162, 289, 376.
Compensation for death:
(b) Percentage of wages now is 66% per cent instead of 60 per cent;
maximum is $18 instead of $14.
Compensation for disability:
( b) For total incapacity, percentage of wages now is 66% per cent instead
of 60 per cent; maximum weekly payment is; now $18 instead of $14
and total $9,000 instead of $7,000.
(c ) For partial incapacity, percentage of wages now is 66% per cent
instead of 60 per cent, and the maximum weekly payment $18
instead of $14.
(d) For certain specified injuries, percentage of weekly wages is now
66% per cent instead of 60 per cent.
40
PART III. ANALYSIS OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
M INNESOTA
Amendments.— Acts of 1927, chapters 216, 417, 436.
Settlement of disputes.— In cases where nonresident or foreign corporation
can not be served, the claimant may commence action in the district court of
the county where injured employee resided.
NEBR ASKA
Amendments.— Acts of 1927, chapters 39, 134, 162.
Persons compensated.— Volunteer firemen of a city or village are now covered.
N E V AD A
Amendments.— Acts of 1927, chapter 45.
Persons compensated.-—Persons drafted to fight forest fires are now covered
by the act.
N E W JERSEY
Amendments.— Acts of 1927, chapters 127, 324;
136, 149, 163, 224, 225.
Persons oompensated.— Active volunteer firemen
Compensation for death:
(b) Minimum compensation raised from $8 to
maximum from $17 to $20.
Compensation for disability:
(d) Minimum compensation raised from $8 to
maximum from $17 to $20.
acts of 1928, chapters 135,
are now covered by the act.
$10 or actual wages and the
$10 or actual wages and the
N E W MEXICO
Amendments.— Acts of 1927, chapter 100.
Persons compensated.— Public employment: Employees of
commission engaged in extrahazardous occupations.
State highway
N E W YORK
Amendments.— Acts of 1927, chapters 493, 494, 496, 497, 553, 554, 555, 556, 557,
558; acts of 1928, chapters 584, 749, 750, 752, 753, 754, 755.
Industries covered.— Pecuniary gain is no longer a condition of coverage.
Compensation for disability:
( b) For total disability, maximum is now $25, minimum $8 or full wages,
and total maximum for temporary total disability is now $5,000.
(c) The maximum for temporary partial disability is now $4,000.
NORTH DAKOTA
Amendments.— Acts of 1927, chapters 284, 285, 286.
Compensation for death:
(1)) Total amount now shall not exceed $15,000 in addition to medical aid
and temporary disability.
Compensation for disability:
(b) Amount paid in permanent total disability case now shall not exceed
$15,000.
(d) Minimum $27 and maximum $4,680 for compensation for specific
injuries. Also other cases of permanent partial disability have been
reduced two-tenths of a week for each 1 per cent of disability.
OREGON
Amendments.— Acts of 1927, chapters 188, 208, 216, 227, 312, 326, 413, 414.
Industries covered.— Public employees: “ Salaried firemen ” and “ public em
ployees engaged in the operation of bridges ” are now covered by the act.
Persons compensated.— Acceptance is now compulsory as to the State if em
ployees are engaged in any hazardous occupation.
ANALYSIS OF LAWS---- PHILIPPINE ISLANDS
41
P E N N SYLV A N IA
Amendments.— Acts of 1927, chapters 156, 164, 271.
Injuries compensated.— Personal injury by accident in the course of employ
ment causing disability for more than 7 days (formerly 10 days).
Compensation for death:
(a) One hundred and fifty dollars funeral expenses,
(ft) Forty-four per cent of weekly wages to widow or dependent widower,
maximum $10; and if one child, 55 per cent, maximum $12.50'; if two
children, 62% per cent, maximum $14; if three or more children, 65
per cent, maximum $15; if no parent, 33 per cent if one or two
children, 44 per cent if three children, 55 per cent if four children,
62% per cent if five children, 65 per cent if six or more children, with
maximums of $7.50, $10, $12.50, $14, $15, respectively; if no consort
or child under 16, but dependent parent, brothers, or sisters, 15 to 45
per cent of wages.
(c) Payments cease on death, remarriage of widow or widower, cessation of
dependence of widower, or when a child, brother, or sister attains
the age of 16; not to continue beyond 300 weeks, except for children
under 16, when 17% per cent of wages will be paid for one, 27% per
cent for two, 38% per cent for three, 50 per cent for four, 55 per
cent for five, 60 per cent for six or more, until age 16. Basie wages
are not less than $12 nor more than $24 weekly.
Upon remarriage a widow is to receive the current value of the compensation
for one-third of the unpaid period.
Compensation for disability:
{a) Reasonable medical and surgical expenses for first 30 days after dis
ability begins, cost not to exceed $100; in addition, hospital treat
ment for 30 days at prevailing costs.
(b) For total disability, 65 per cent of weekly wages for 500 weeks, $15
maximum, $7 minimum, or full wages, total not to exceed $6,500.
(c) For partial disability, 65 per cent of weekly wage loss, $15 maximum, for
not over 300 weeks; fixed periods for specified injuries, in lieu of
other payments, $15 maximum, $7 minimum, or full wages.
Payments may be commuted to a lump sum.
Revision of benefits.— Agreements and awards may be reviewed by the board
for proper cause, within period or on petition filed within a year.
PHILIPPINE ISLANDS
Date of enactment.— December 10, 1927; in effect June 10, 1928. Act No. 3428.
Injuries compensated.— Personal injury from any accident due to and in the
pursuance of the employment, or any illness contracted and directly caused by
such employment or resulting from the nature of such employment. Compen
sation shall not be allowed for injuries caused (1) by the voluntary intent of
the employee to inflict such injury upon himself or another person; (2) by
drunkenness on the part of the laborer who had the accident; or (3) by notorious
negligence of the same.
Industries covered.— All exercised for gain, the gross income of which was not
less than 40,000 pesos, except agriculture, charitable institutions, and domestic
service.
Persons compensated.— All employees except those whose employment is purely
casual or is not for the purposes of the occupation or business of the employer,
or whose remuneration paid by any employer, exclusive of overtime pay, is in
excess of 42 pesos a week. Public employees are covered in the industrial con
cerns of the government and in public works, but public officers elected by
popular vote and persons paid more than 800 pesos per year are not covered.
Compensation for death:
(a) Burial expenses not to exceed 100 pesos.
(b) Forty-five per cent of average weekly wages to dependent widow or
widower; 50 per cent if one or two dependent children; 60 per cent
if three or more, If there is no dependent widow or widower, 30
per cent to one or two orphans, with 10 per cent for each orphan over
two up to maximum of 50 per cent. If no consort or child but other
dependents, from 25 per cent to 40 per cent.
42
PART III. ANALYSIS OF LAW S, UNITED STATES, 19 2 7 - 2 8
Compensation for death— Continued.
(c) Payments to widow cease on death or remarriage; to widower payable
only during incapacity ; to a son or daughter until 18 years of age;
to a parent or grandparent, grandchild, brother, or sister during
dependency.
(#) No payment for more than 208 weeks. Average weekly wages, maxi
mum 30 pesos, minimum 4 pesos. Aggregate compensation not to
exceed 3,000 pesos.
Compensation for disability:
(а) Such medical, surgical, and hospital services and supplies as the nature
of the injury may require.
(б) For total disability, excluding the first seven clays, a weekly sum
equal to 60 per cent of average weekly wages but not more than 18
pesos and in some cases not less than 4 pesos, tor not more than 208
weeks nor in excess of 3,000 pesos.
(c) For partial disability, 50 per cent of the loss of earning capacity from
the day of disability but for not more than 208 weeks, not more than
10 pesos per week, and not more than a total of 3,000 pesos.
(d) For permanent partial disability, 50 per cent of average wTeekly wages
for the periods fixed in a schedule but in no case for more than 208
weeks or 3,000 pesos.
(e) For serious disfigurement, not exceeding 3,000 pesos.
(f) Payments in lump sum allowed whenever the parties consider it most
advantageous and convenient.
Insurance.— The employer may insure.
£tecurity of payments.— Compensation has the same priority as wages. No
claim is transferable and all compensation is exempt from creditors’ claims.
Settlement of disputes.— On request the bureau of labor shall act as referee,
and if its efforts fail it shall submit the claim to the proper court, but claimants
may go directly into court without the previous intervention of the bureau.
PORTO RICO
Date of enactment.— New act. May 14, 1928; in effect August 12, 1928. Act
No. 85.
Infrn'ies compensated.— All personal injuries by accident occurring to a la
borer in the course of his employment and due thereto, causing death within one
year or disability for more than seven days, excepting injuries due to an attempt
to commit crime or to injure himself, his employer, or another person; intoxica
tion, or recklessness, or the criminal act of a third person. Designated occupa
tional diseases included.
Industries covered.— All industries except domestic service and work of tem
porary nature.
Persons compensated.— Private employment: Employees of employer covered
by the act. Public employment: Included.
Compensation for death.— A compensation of one to three thousand dollars as
a maximum to persons wholly dependent, the amount to be graded according
to the earning capacities of the deceased and his probabilities of life.
Compensation for disability:
(a) Medical attendance, medicines, and subsistence as may be prescribed,
also hospital services when necessary.
(b) For temporary disability, an amount equal to one-half the weekly
wages, not less than $3 nor more than $15, for not more than 104
weeks.
(c) For permanent total disability, not less than $1,000' nor more than
$3,000, in proportion to the rate of wages earned at the time of in
jury, the severity of the injury, and the probabilities of life.
(d) For permanent partial disability, according to* a fixed schedule, other
injuries to be compensated according to a corresponding disability
named in the schedule, no payment to exceed $2,000.
Revision of benefits.— No provision.
Insurance.— Employer must insure in the State fund, a stock or mutual com
pany or give proof of financial ability.
Security of payment.— Rights and actions not assignable nor subject to at
tachment or to claims of other persons.
Settlement of disputes.— Compensation may be settled by agreement subject to
approval of industrial commission with limited appeal to the courts.
ANALYSIS OF LAWS---- WASH INGTON
43
RHODE ISLAND
Amendments.— Acte of 1927, chapters 1039, 1058; acts of 1928, chapters 1159,
1207.
Settlement of disputes.— The petition in case of disagreement must now be
filed and decided by the commissioner of labor instead of by the superior court,
but in case of appeal the court may hear the case all over again.
SOUTH DAKOTA
Amendments.— Acts of 1927, chapters 222, 223.
Compensation for disability:
(a) Maximum medical and hospital allowance $200 now instead of $150, and
divided as follows : $100 for hospital services or other suitable or
proper care, and $100 for medical and surgical services.
TENNESSEE
Amendments.— Acts of 1927, chapters 24, 40, 62.
Compensation for death.— Maximum weekly compensation is now $16.
Compensation for disability.— Maximum for temporary total is now $16; for
permanent total is now $16; and for temporary partial injuries is now $16.
TEXAS
Amendments.— Acts of 1927, chapters 28, 60, 223, 224, 234, 241, 259, 270.
Industries covered.— Workmen’s compensation act made compulsory as to
motor-bus companies.
VERMONT
Amendments.— Laws of 1927, acts Nos. 98, 99, 100.
Industries covered.— Certain employees of State department of highways are
now covered.
Persons compensated.— Certain employees in State department of highways.
Compensation for disability:
(») Medical and surgical services for first 14 days of disability, maximum
now $50, instead of $100, but hospital services during first 30 days
of disability are now allowed up to a maximum of $150.
Insurance.— State and municipalities may insure with an authorized insur
ance carrier.
VIRGINIA
Amendments.— Acts of 1927
chapters 19, 227, 445.
(special session), chapter 33;
acts of 1928,
WASHINGTON
Amendments.— Acts of 1927, chapter 310.
Injuries compensated.— Injury must now be sustained in the course of em
ployment whether on or away from the premises of the employer and has been
defined to mean a sudden and tangible happening of a traumatic nature, pro
ducing an immediate or prompt result, and occurring from without and such
physical condition as results therefrom. The word “ hernia ” is newly defined
as “ a real traumatic hernia resulting from the application of force which
either punctures or tears the abdominal wall.” Injury received while in the
commission of a crime is specifically excluded.
Industries covered.— Certain specified occupations are specifically excluded
from extrahazardous classification.
Compensation for disability:
No compensation shall be paid while an employee continues to receive
full wages during temporary total disability.
(e) For specified permanent partial disabilities, lump sums up to $3,000
in lieu of other payments.
46675°— 29-------4
44
PART III. ANALYSIS OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
WISCONSIN
Amendments.— Acts of 1927, chapters 42, 45, 125, 241, 310, 482, 517.
Persons compensated.— Firemen responding to a call outside the city limits,
unless such call is in violation of a local ordinance. Certain convicts now
partially covered.
Compensation for death:
( b) Maximum annual earnings now $1,500 instead of $1,400.
(c) Maximum to special dependency fund now $1,600 instead of $1,000.
Compensation for disability:
(d) For certain maimings employer now pays second-injury fund $75 in
stead of $150.
Revision of benefits.— The commission may now set aside an award, upon the
ground of newly discovered evidence.
WYOMING
Amendments.— Acts of 1927, chapter 111.
Compensation for death:
(b)
The $2,000 payable to the widow is now payable not in a lump sum
but in payments of $45 per month. The surviving spouse, upon re
marriage, is now to receive $270 out of unpaid balance of the award.
In case of permanent partial disability where death results within a
year from date of award, amount of payments made prior to em
ployee’s death shall be proportionately deducted from compensation
payable to widow and children; in case of permanent total disability
where death results within two years, amount of payments made in
excess of $2,000 shall be deducted from amount of award to widow.
Compensation for disability:
<&) For permanent total disability, the award formerly paid in a lump sum
is now payable in installments of $50 a month if employee is unmar
ried and $60 a month if married.
(e) For temporary total disability, the $7.50 per month for each child under
16 is now payable for each boy under 16 or girl under 18.
(# ) For permanent partial disabilities not scheduled, amount due is payable
in installments of $50 per month if employee is unmarried, $60 if em
ployee is married.
Revision of benefits.— State treasurer may reopen case on specific ground.
Court also now retains power to modify or change awards.
UNITED STATES— CIVIL EMPLOYEES
Amendment.— Acts of 1927, Sixty-ninth Congress, second session, chapter 110
(44 Stat. 1086).
Compensation for death:
(a) $200 instead of $100 now allowed for burial expenses.
(b) Maximum compensation has been increased from $66.67 to $116.66 and
minimum from $33.33 to $58.33.
Compensation for disability:
Maximum compensation is now $116.66; minimum is $58.33.
UNITED STATES— LONGSHOREMEN AND HARBOR WORKERS
Date of enactment.— March 4, 1927; in effect July 1, 1927. 44 Stat. 1424.
Injuries compensated.— Accidental injury arising out of and in the course of
employment, causing disability for more than one week or death, including
such occupational diseases as arise naturally out of the employment, and
injuries due to the willful act of third persons on account of the employment;
but excluding injuries due solely to the intoxication of the injured employee,
or his willful intention to injure himself or another, and injuries compensable
under State law.
Industries covered.— An employer, any of whose employees are employed in
maritime employment, in whole or in part, upon the navigable waters of the
United States (including any dry dock).
ANALYSIS OF LAW S---- LONGSHOREMEN AND HARBOR WORKERS
45
Persons compensated.— If the disability or death results from an injury
occurring upon the navigable waters of the United States (including any dry
dock) and if recovery for the disability or death through workmen’s compensa
tion proceedings may not validly be provided by State law. No compensation
shall be payable in respect of the disability or death of—
(1) A master or member of a crew of any vessel, nor any person engaged
by the master to load or unload or repair any small vessel under 18 tons
net; or
(2) An officer or employee of the United States or any agency thereof or
of any State or foreign Government, or of any political subdivision thereof.
Compensation for death:
{a) Reasonable funeral expenses, not exceeding $200.
(&) To a widow or dependent widower alone, 35 per cent of wages, with
10 per cent additional for each child under 18; orphans or dependent
grandchildren or brothers or sisters under 18 receive 15 per cent
each; and dependent parents or grandparents, 25 per cent during
dependency. In no case may the total payments exceed 66% per
cent of the wages.
(c) Payments to a widow or widower cease on death or remarriage or
when dependence of widower ceases, with two years’ compensation
in one sum on remarriage. On such death or remarriage, payments
to children under 18 are increased to 15 per cent each. Payments
to minor dependents terminate at 18, and to parents and grand
parents when dependence ceases.
(d) If there are no dependents, $1,000 must be paid to special funds.
No wages in excess of $37.50 per week may be considered in computing
death benefits, nor may the minimum basis be less than $12, but no
weekly benefit may exceed the actual wage.
Compensation for disability:
(a) Medical, surgical, nurse, and hospital service and treatment, including
crutches and apparatus, for such period as the nature of the injury
or process of recovery may require, costs to be subject to regulation
by the deputy commissioner.
(&) For total disability 66% per cent of the wages, during its continuance;
if due to second injury, employer pays only for proportionate results,
balance from special fund.
(c) For partial disability, two-thirds of the wage loss, for not more than
five years, if temporary; for specific injuries, maimings, etc., 66%
per cent of the wages for designated periods, subject to extension in
case of prolonged healing tim e; lump sum for serious facial or head
disfigurement; also allowance from special fund for maintenance
during vocational rehabilitation.
Payments may not be more than $25 per week nor less than $8, unless
wages are less, then full wages.
Periodical payments may be commuted to a lump sum in any case in which the deputy commissioner determines that it is for the best interests
of the beneficiary.
No total compensation benefit under this act may exceed $7,500.
Revision of benefits.— A deputy commissioner, on his own initiative or on
application of a party in interest on the ground of a change in condition, may
review an order at any time during the term of an award; prior payments are
not affected.
Insurance.— Insurance in an approved company or proof of adequate financial
ability to meet payments is required of all employers under the act.
Security of payments.— Final awards are enforceable by proceedings in the
district court having jurisdiction of the place in which the injury occurred.
Payments are not assignable, are exempt from claims of creditors, and have
the same preference against the assets of the employer or insurer as is allowed
in case of unpaid wages, without limit as to amount.
Settlement of disputes,—By deputy commissioners, with review by Federal
district courts.
PART IV
ANALYSIS OF THE PRINCIPAL FEATURES OF THE
LEGISLATION OF CANADA, 1927 AND 1928
[This analysis is merely supplementary to the analysis found in Bulletin
No. 423. All of the amendments found in the text are not analyzed. Only the
most important changes in the law are here considered. For actual changes
it is necessary to consult text in Part VI]
47
ANALYSIS OF CANADIAN LEGISLATION
ALBERTA
Amendments.— Acts of 1927, chapter 44; Acts of 1928, chapter 38.
Injuries compensated.— The waiting period is now three days.
Compensation for death:
Maximum burial expenses allowed are now $125 instead of $100.
Compensation for permanent total and permanent partial disability:
Percentage of average wages allowed is now 66% per cent instead of
62% per cent.
The maximum annual amount allowed was repealed.
BRITISH COLUMBIA
Amendments.— Acts of 1927, chapter 50.
NOVA SCOTIA
Amendments.— Acts of 1927, chapters 6, 37, and 38; Acts of 1928, chapters 42
and 43.
IndustHes covered.— The fishing industry has been dropped from employments
listed in Parts I and II of the act and is now treated separately under Part III.
Insurance.— The fishing industry is now treated separately under Part III.
ONTARIO
Amendments.— Acts of 1927, chapter 46; Acts of 1928, chapter 26.
QUEBEC
Date of enactment.— May 29, 1909; in effect January 1, 1910; new act,
March 24, 1926; in effect April 1, 1927; new act, March 22, 1928, effective
September 1, 1928.
Injuries compensated.— All accidents happening by reason of or in the course
of the work causing death or disability lasting seven days or more.
IndustHes covered.— Employers engaged in building, manufacturing, trans
portation, engineering, and construction work, mining, quarrying, gas or elec
trical business; stone, wood, and coal yards; any industrial or mercantile enter
prise using machinery operated by power or manufacturing or using explosives,
if the injury is due to the machinery or explosives, and having seven or more
workmen. Agriculture, domestic service, and navigation of sailing vessels are
excluded. Employers not covered may come under act by written agreement
with their employees.
Persons compensated.— Private employment : Workmen, apprentices, and em
ployees engaged in the industries covered. Public employment : Included as to
industries covered by the act.
Compensation for death:
(a) Funeral expenses not in excess of $125.
(&) To a surviving consort 30 per cent of the yearly wages for life, 10 per
cent additional for each child under 16; to orphans 20 per cent each;
no total to exceed 60 per cent.
I f no consort or child, 10 per cent to each ascendant for life or to descend
ants until 16, total not to exceed 30 per cent.
Payments to a widow cease on remarriage when she receives 12 months’
benefits,
49
50
PART IV. ANALYSIS OF L A W S, CANADA, 1 9 2 7 - 2 8
Compensation for disability:
(a) Medical, surgical, and hospital services with transportation and neces
sary appliances.
(b) For permanent total disability, 66% per cent of the yearly wages,
maximum $20, minimum $6, or actual wages, total maximum $10,000.
(c) For permanent partial incapacity, 66% per cent of wages for the period
of time fixed on the basis of four weeks for each 1 per cent incapacity,
maximum $5,000. See schedule.
(d) For temporary incapacity lasting seven days or more, 66% per cent
of wages beginning with the eighth day unless incapacitated for more
than six weeks, not more than $20 nor less than $6 per week unless
wages are less, then full wages.
Revision- of compensation.— Demands for change of amount of compensation
may be made within two years.
Insurance.— Private employers under the act must insure or deposit securities
to guarantee the payment of compensation.
Security of payments.— Benefits may not be alienated and are exempt from
seizure.
Settlement of disputes.— Voluntary agreements between parties must have
sanction of workmen’s compensation commission. Disputed cases settled by
commission. No appeal to the courts.
PRINCIPAL FEATURES OF LAWS OF THE UNITED STATES RELATIVE TO WORKMEN’S COMPENSATION AND INSURANCE
{Chart revised January 1, 2929]
How election is made
Employments covered
Insurance
State
Compensation benefits
Defenses abrogated if
employer does not
elect
Suits for
after election by
both employer and
employee
Special contracts
Injuries covered
Waiting time
B y employee
Not required..
Presumed in absence
of written notice
filed with court and
posted in establish
ment.
Presumed in absence
of written notice to
employer and filed
witn court.
Assumed risk, fellow
service, and contrib
utory
negligence,
unless employee is
guilty of willful mis
conduct as defined.
Ndt permitted..
A p p r o v e d s u b s titu te
sch e m e s p e rm itte d .
Agreements for reduction
of compensation benefits
permitted if approved by
court.
Personal injuries b y accident aris
ing out of and in course of em
ployment unless due to intoxi
cation, willful misconduct, in
tention to injure self or another,
inflicted by third party for per
sonal reasons, or willful failure
to use safety appliances, or obey
safety laws or rules.
2 weeks. None if dis
ability continues for
4 weeks or more.
Death, 20 to 60 per
cent. Disability, £0
to 60 per cent.
Maximum, $15.
mum, $5, or
Not required..
Presumed in absence
of written notice
filed with United
States commissioner.
Presumed in absence
of written notice
served on employer
and receipt taken.
Assumed risk, fellow
service, and contrib
utory
negligence,
unless willful or due
to intoxication.
Not permitted..
Waivers forbidden,.
Personal injuries by accident aris
ing out of or in the course of
employment unless directly due
to intoxication or willful inten
tion to injure self or another.
1 week. None if dis
ability continues for
8 weeks or more.
65 per cent for tempo
rary total disability.
Fixed lump sums in
other cases.
No provision..
Employers must in
sure in State fund
orprivatecompanies,
or provide self-in
surance.
Employers must in Farm labor: Presumed
in absence of writing
sure in the State
posted and filed with
fund or private com
commission.
panies, or provide
self-insurance.
Presumed in absence
of written notice to
employer, filed with
commission.
Private
Public
Alabama. No. 245. Approved
Aug. 23,1919. In effect Jan. 1,
1920.
Elective, as to all employments except
those having less than 16 employees,
farm labor, domestic service, and
casual employments not in usual
course of employer's business. Vol
untary, as to employments having
less than 16 employees.
Elective, as to employ
ees of State. Volun
tary, as to employ
ees of county, city,
town, village, or
school district.
Alaska. Ch. 71. Approved Apr.
29,1915. In effect July 28,1915.
Amended, 1917. New act, ch.
98,1923. In effect Aug. 2,1923.
Amended, 1925. New act, ch.
77, 1927. Approved M ay 9,
1927. In effect Aug. 7, 1927.
Elective, as to all employments having N o provision..
5 or more employees, except domestic
service, agriculture, dairying, and
common carrier railroads.
Arizona. Ch. 14 (extra session).
Approved June 8, 1912. In
effect Sept. 1, 1912. New act,
ch. 83, 1925. In effect Jan, 7,
1926. Amended, 1927.
California. Ch. 399. Approved
Apr. 8,1911. In effect Sept. 1,
1911. New act, ch. 176, 1913.
Amended, 1915. New act, ch.
586,1917. In effect Jan. 1,1918.
Amended, 1919,1923,1925,1927.
Compulsory, as to all establishments
having 3 or more workmen except
farm labor not using machinery and
domestic servants. Voluntary, as to
other employments.
Compulsory, as to all employments
exccpt farm labor, domestic service,
and casual employees not in usual
course of employer’s business. Vol
untary, as to excepted employments,
except farm labor, which is elective.
Included, except elec
tive officials and
those with salary
over $2,400.
Colorado. Ch. 179. Approved
Apr. 10,1915. In effect Aug. 1,
1915. Amended, 1917. New
act, ch. 210, 1919. Amended,
1923, 1925, 1927.
Elect ice, as to all employments except
those having regularly less than 4
employees, farm labor, domestic
service, and casual employees not in
usual course of employer's business.
Voluntary, as to excepted employ
ments.
Compulsory, as to all
employees
except
elective officials and
membersof N ational
Guard and volunteerjBre department.
Electing employers
must insure in State
fund or private
companies, or pro
vide self-insurance.
Connecticut. Ch.
138.
Ap*
roved M ay 29,1913. In effect
an. 1, 1914. Amended, 1915,
1917, 1919, 1921, 1925,1927.
Elective, as to all employments except
those having regularly less than 5
employees, outworkers, and casual
employees, not for purpose of em
ployer's trade or business. Volun
tary, as to excepted employments.
Delaware. Ch. 233. Approved
Apr. 2t 1917. In effect Jan. 1,
1918. Amended, 1919,1921,1923,
1927.
Per cent of wages
Death
(а) Dependents
(б) No dependents
Total disability
(а) Permanent
(б) Temporary
Permanent total disa
bility, 550 weeks. Other
cases, 300 weeks.
(a) Expenses of last sickness and
burial,; maximum, $100; 20 to 60
per cedt of wages for not over
300 we£ks; maximum, $12 to $15;
minimtun, $5, or actual wages;
total not over $5,000. (6) Ex
penses; of last sickness and
burial,;tnaximum, $100.
Not fixed .
(a) $4,5o6 to widow or minor or
phan; $900 to each child under
16 and to dependent parents;
maximiim, $9,000. If single,
$1,800 to each dependent parent.
(6) $195 maximum for burial ex
penses; $195 for other expenses
between accident and death.
(o) Buriil expenses, not over $150;
15 to 6t>?£ per cent of wages till
death dr remarriage. (6) Burial
expenses, $150 and $850 to a rehabilitAtion fund.
(a) Burial expenses, not over $150;
65 per cent of wages to equal 3
years' .annual earnings; maxi
mum, $5,000; minimum, $1,000.
(ft) Reasonable burial expenses;
maximum, $150.
(a) 50 to 60 per cent of wages for
400 weeks; maximum, $12 to $15;
minimum, $5, or actual wages;
not over $5 thereafter for 150
weeks in certain cases; total not
over $5,000. (6) 50 to 60 per
cent of wages during disability;
not over 300 weeks; maximum,
$12 to $15; minimum, $5 or actual
wages,
(a) $5,400, $1,800 additional if
wife and $900 for each child un
der 16; if single, $900 for each
dependent parent; maximum,
$9,000. (ft) 65 per cent of wages
during disability.
Maximum and minimum
weekly
compensation
payments
B y employer
Maximum period
Mini
actual
Permitted if employer
fails to insure.
Waivers forbidden..
Personal injuries b y accident aris
ing out of or in the course of
employment, not purposely selfinflicted.
1 week. None if dis
ability continues 2
weeks.
Death, 15 to 66% per
cent. Disability, 65
per cent.
No provision..
Not fixed.
Permanent total disabili
ty, life.
Temporary
disability, 240 weeks.
Farm labor: Presumed
in absence of notice
to employer and
filed with commis
sion.
Assumed risk, fellow
service, and contribu t o r y negligence
modified by the doc
trine of relative neg
ligence in farm labor
Permitted if employer
fails to insure risk
and if due to em
ployee’s willful mis
conduct.
Waivers forbidden..
Personal injuries arising out of
and in the course of employment
unless due to intoxication or in
tentionally self-inflicted; in
cludes injuries to artificial limbs.
Occupational diseases included.
1 week..
65 per cent..
Maximum, $20.83. Mini
mum, $4.17.
Presumed in absence
of written notice to
commission; notice
of rejection to be
posted.
Presumed in absence
of written notice to
employer and to
commission.
Assumed risk, fellow
service, and contrib
utory negligence un
less willful.
Not permitted.............
Waivers forbidden, but ap
proved hospital fund may
be maintained.
Personal injuries accidentally sus
tained arising out of and in the
course of employment not inten
tionally self-inflicted.
10 days...
50 per cent.
Maximum, $12.
Mini Death, 312 weeks. Per
mum: Death, $5: disabil
manent total disability,
life.
ity, $5, or actual wages.
Elective, as to the State Electing employers
must insure in pri
and all public cor
vate companies, or
porations h a v i n g
provide self-insur
regularly 5 or more
ance.
employees. Volun
tary, as to others.
Presumed in absence
of written notice.
Presumed in absence
of written notice.
Assumed risk, fellow Permitted if employer
fails to insure risk.
service, and con
tributory negligence.
Approved schemes may bo
substituted if benefits
equal those of act. Physi
cally defective employees
may waive right to com
pensation.
Personal injuries arising out of and
in course of employment unless
due to willful and serious mis
conduct or intoxication. Occu
pational diseases included.
1 week. None if dis 50 per cent.
ability
continues
longer than 4 weeks.
Elective, as to all employments except
those having less than 5 employees,
farm labor, domestic service, out
workers, and casual employees not
in usual course of employer's busi-
Elective, as to State Electing- employers
must insure in pri
and certain county
vate companies, or
and municipal em
provide self-insurployees.
ance.
Presumed in absence
of printed notice to
employees
posted
in plant, and filed
with board.
Presumed in absence
of written notice to
employer and filed
with board.
Assumed risk, fellow Permitted if employer
fails to insure risk.
service, and con
tributory negligence.
Approved s u b s t i t u t e
schemes permitted if bene
fits equal those of act.
Waivers forbidden.
2 weeks. None if dis
ability continues for
4 weeks or more.
District of Columbia. Ch. 612,
45 Stat. 600. Approved M ay
17,192$. Effective July 1,1928.
Compulsory as to all employments ex
cept members of crews, railroad em
ployees, Government employees,
employees engaged in agricultural,
domestic work or casual work.
See United States
c i v i l employees*
compensation act.
Personal injuries by accident aris
ing out of and in course of em
ployment unless due to willful
intention to injure self or an
other, intoxication, failure to
use safeguards, violation of law,
recklessness, or caused by third
party for personal reasons.
Accidental injury arising out of
and in the course of employment
unless due to willful acts and
intoxication. Also occupational
Georgia. Page 167. Approved
Aug. 17,1920. In effect Mar. 1,
1921. Amended, 1922, 1923,
1925.
Elective, as to all employments having
10 or more employees, except those
not in the usual business of the em
ployer, farm labor, domestic service,
common carriers using steam power,
and institutions operated as public
charities. Voluntary, as to excepted
employments.
Compulsory, as to Electing employers
must insure or pro
municipal corpora
vide self-insurance;
tions and political
the forms of policies
subdivisions of the
are subject to ap
State.
proval by the com
mission.
Any injuiy by accident arising out
of and in the course of employ
ment, not including diseases ex
cept those resulting from the
accident nor injuries b y third
persons for personal reasons, or
duo to willful misconduct, intent
to injure self or another, intoxi
cation, or willful failure to use a
safety appliance or observe law
or regulation.
J
Compulsory, as to all
employees
except
deputy clerks, dep
uty sheriffs, and
deputy constables
serving without re
muneration.
Employers must in
sure in private com
panies, or provide
self-insurance.
Presumed in absence
of written notice
filed with the com
mission and posted
in the establish
ment.
Presumed in absence
of written notice to
employer, with copy
to commission.
Assumed risk, fellow
service, and contrib
utory negligence.
Permitted if employer
fails to insure risk.
Waivers forbidden-
Not permitted_______
Waivers forbidden..
(a) 65 per cent of wages for life,
(6) Same for not over 100months;
$10 monthly added if dependents
In United States.
(a) 65 per cent of wages for 240
weeks, then 40 per cent for life.
(6) 65 per cent of wages during
disability; not over 240 weeks,
nor 3 years* earnings, nor $5,000.
(a) Burial expenses not over $125;
50 per dent of wages for 6 years;
maximiim, $12; minimum, $5;
total nbt over $3,750. (6) Rea
sonable burial expenses; maxi
mum, $125.
(a) (ft) 50 per cent of wages during
disability; maximum, $12; mini
mum, $5, or actual wages.
Medical and surgical aid
Nonresident alien de
pendents
Time for notice and claim
(a) B y whom administered
(ft) How claims are settled
Accident reports required
(a) Courts; limited supervision by
compensation commissioner.
(6)
Direct settlements between parties
if in “ substantial” conformity with
law; court may approve a less
amount if In interest of employee.
Disputed cases settled by courts.
All electing employers must re
port all accidents of over 2 weeks’
disability to compensation com
missioner within 15 days; sup
plementary report after 60 days
or upon termination of disability.
Partial disability
50 to 60 per cent of wage loss durini
disability lor not over 300 week?
maximum, $12 to $15. Speeihe.
injuries, 50 to 60 per cent of wage:
for fixed ]>eriods; maximum, $1:
to $15; minimum, $5, or actua
Reasonable medical, surgical, and
hospital service for 60 days;
maximum, $100; charges limited
to prevailing rates.
E x clu d ed .................... Notice to employer within
5 days; no compensation
if after 90 days. Claim in
1 year.
Lump sums based upon schedule
for permanent total disability pro
portioned to loss of earning capae
ity. Specified injuries, Hum
sums, varying with number o
dependents; lump sums for cer^
tain disfigurements; maximum
$7,200.
65 per cent of wage loss during dis
ability, for not over 60 months
Schedule for specific injuries it
addition to other payments.
Reasonably necessary medical,
surgical, and hospital treatment
for not over 1 year.
UU p e r C o U t tU a W U d Ul
Medical, surgical, and hospital
aid for 00 days; 1 year if commis
sion directs.
If permanent, 65 per cent of wage?
for periods proportionate to disa
bility, then reduced rates for life
if 70 per cent or more disabled;
if temporary, 65 per cent of wage
loss during disability; not over 240
weeks nor 3 years’ earnings nor
$5,000. Disfigurement compens
able.
If permanent, a sum proportionate
to a total disability benefit, not
over $3,120; fixed periods for speci
fied injuries; all payments, 50 per
cent of wages, maximum, $12,
minimum, $5, or actual wages; all
in addition to temporary total.
If temporary, 50 per cent of wage
loss during disability; maximum,
$12; not over $1,560 in all. Dis
figurement, maximum, $500.
50 per cent of wage loss during disa*
bility, not over 520 weeks;
weekly maximum, $21. Specified
injuries, 50 per cent of wages for
fixed periods; weekly maximum,
$21; minimum, $5; in addition to
temporary total.
50 per cent of wage loss for not over
285 weeks; maximum, $15. Speci
fied injuries, 50 per cent of wages
for fixed periods; maximum, $15;
minimum, $5, or actual wages.
State
(a) No provision.
(6)
Chief mine inspector.1
Alabama.
(a) No commission.
(ft)
Mine inspector (who is
also ex-offlcio labor com
missioner).1
A
-AlliS 1£3.
in
U a ^ D i flaim
vialu i m
(a) Courts, (6) Voluntarv agreement;
disputed cases settled by courts.
60 per cent of normal
benefits.
Injury to bo reported at once;
claim in 1 year.
(a) Industrial commission.
(6) B y
commission on application. Ap
peal to supreme court.
Employers under the act and at
tending physicians must report
all injuries to workmen.
(a) Industrial commission, Arizona.
(ft) Mine inspector.1
Reasonable medical, surgical, and
hospital treatment.
No presumption
dependency.
of
Notice In 30 days; claim in 6
months for disability, 1
year for death, 2 years if
any settlement for less
than a statutory award
has not been approved by
the commission.
(c) Industrial accident commission,
(ft) Voluntary agreement approved
by commission; disputed cases re
ferred to one or more referees; review
by commission; rehearing in certain
cases; appeal to courts upon ques
tions of law.
All employers, attending physi
cians, and insurers must report
all injuries involving time loss or
medical aid to industrial acci
dent commission. Fatal injuries
must be reported immediately.
(a) Industrial a ccid e n t
commission.
(b) Bu
reau of labor statistics.1
California.
Reasonable medical, surgical, and
hospital treatment for 60 days;
maximum, $200; no time limit
in case of hernia; additional al
lowance for dental service, maxi
mum, $100.
One-fourth benefits—
Notice in 2 days; claim in
6 months; 1 year in case
of death.
(o) Industrial commission. (ft) A d
mitted liability with statement of
amount may be submitted to com
mission; no settlement final until
approved; disputes heard by com
mission, commissioner, or a referee;
review and court appeal provided
for.
All employers must report all
compensable accidents within
10 days to industrial commis
sion.
(a) Industrial commission
(b) Department of labor
and factory inspection;
inspectors of coal mines;
bureau of mines.1
Colorado.
Such medical, surgical, or hospital
treatment as deemed reasonable
by attending physician; charges
limited to prevailing rates.
Special provision for seamen on
United States vessels.
Included....................... Notice at once; claim in 1
year; 2 years for due cause
shown; 3 year limit in oc
cupational disease cases
after leaving employ.
(a) Board of 5 compensation commis
sioners in charge of separate districts.
(b) Voluntary agreement approved
by commissioner; disputed cases
settled by commissioner; appeals to
Courts.
Assenting employers must report
all injuries of 1 day's disability
weekly to compensation com
missioner.
(a) No provision. (ft) De
partment of labor and
factory inspection.1
Connecticut.
Reasonable medical, surgical, and
hospital treatment for 30 days;
maximum, $100. Board may in
crease time and amount.
One-half benefits; to Notice in 14 days; if in 30
widows and children
days, not barred except as
to extent employer was
only.
prejudiced; bar absolute
after 90 days. Claim in 1
year.
(a) Industrial accident board. (6)
Voluntary agreement approved by
board; disputed cases settled by
board after hearing; appeal to court.
All assenting employers must re
port all accidents to industrial
accident board within 10 days;
supplementary report upon ter
mination of disability.
(o) Industrial accident
board, (ft) N o provi
sion.
Delaware.
minor child and 50
per cent as to other
dependents.
lMntfpfl
i Utlvv in
lu
Accident-provention work
by— (a) Compensation
commission. (ft) Other
agencies
2 years.
Mini-
Death, 312 weeks. Disa
bility, 520 weeks.
(a) Burial expenses, $200; 50
cent of wages for 312
maximflm, $21; minimum, $5
(6) Burial expenses, $200.
(a) (b) 60 per cent of wages during
disability, not over 520 weeks;
maximum, $21; minimum, $5.
Death, 15 to 60 per
cent. Disability, 50
per cent.
Death : Weekly basic wage,
maximum, $30; mini
mum, $10. Disability:
Maximum, $15; mini
mum, $5, or actual
wages.
Permanent total disabil
ity, 475 weeks. Others,
285 weeks.
(a) Expenses of last sickness and
burial, maximum, $100; 15 to 60
per cent of wages for 285 weeks;
basic wage, maximum, $30;
minimum, $10. (ft) Expenses of
last sickness and burial, maxi
mum, $100.
(a) (6) 50 per cent of wages during
disability, not over 475 weeks;
maximum, $15; minimum, $5,
or actual wages; total not over
$4,000.
1 week. None if dis
ability continues for
more than 7 weeks.
Death, 15 to 66% per
cent.
Disability,
66% per cent.
Death: Basic wage, maxi
mum, $37.50; minimum,
$12. Disability: Week
ly maximum $25; mini
mum, $8, or a c t u a l
wages.
Death, during life or to re
marriage.
Permanent
t o t a l disability, life.
Other injuries, during
disability but limited
to $7,500.
(a) (ft) 66% per cent of wages
during disability, maximum,
$25; minimum, $8 or full wages.
Total not over $7,500.
66% per cent of wage loss during
disability.
Maximum, $7,500.
Specified injuries 66% per cent of
wages for fixed periods, plus fixed
healing time, in certain cases.
Maximum, $25; minimum, $8 or
actual wages. Disfigurement com
pensable.
Such medical, surgical, and hospi
tal service as nature of injury
requires; charges limited to pre
vailing rates.
Widow, children, and
dependent parents
only, may be com
muted at one-half
present worth.
Notice of injury in 30 days,
death in 30 days unless ex
cused for cause; claim in 1
year.
(a) United States Employees' Com
pensation Commission. (ft) Claim
submitted to compensation commis
sioner after the first 7 days following
injury; heating by commissioner or
board on request; appeal to court
upon questions of law.
All employers must report all ac
cidents to compensation com
mission within 10 days; com
missioner may require any infor
mation.
(a) United States Em
ployees' Compensation
Commission.
(ft) No
provision.
District of Co
lumbia.
7 days..
Death,
per cent.
Disability, 50 per
cent.
Total disability: Maxi
mum, $15; minimum,
$4, or full wages if less
than $4. Partial dis
ability: Maximum, $12
weekly; for specified in
juries, same as for total
disability. Death, maxi
mum, $12.75.
Total
disability,
350
weeks; partial disability,
or death, 300 weeks.
(a) Burial expenses, maximum,
$200, widow or dependent wid
ower, 35 per cent of wages until
death or remarriage; 10 per cent
additional for each child. Total
not over 66% per cent maximum
basic wages, $37.50; minimum,
$12. (6) Burial expenses, max
imum, $200, and $1,000 to spe
cial fund.
(a) Burial expenses, not over $100;
85 per cent of total disability
benefit for 300 weeks; weekly
maximum, $12.75; total not over
$5,000. (6) Expenses of last
sickness and burial, not to ex
ceed $100.
(a) (b) 50 per cent of weekly wages
for not over 350 weeks; $15 maxi
mum, $4 minimum, or full
wages if less than $4; not more
than $5,000 in all.
50 per cent of wage loss, not over $12
per week, not more than 300weeks,
including any period of total disa
bility. Specified injuries, 50 per
cent of wages for m ed periods,
after not more than 10 weeks' al
lowance for total disability, if any;
maximum, $15; minimum, $4, or
actual wages if less.
Necessary medical attention, not
more than SO days; maximum,
$100, charges limited to those
for other persons of like stand
ing. Continued treatment may
be offered and must be accepted
unless the commission orders
otherwise. Special provision for
surgical operations for hernia.
One-half benefits, not
over $1,000, except
to residents of Can
ada.
Notice immediately; barred
after 30 days unless reason
able excuse and employer
shown not to be preju
diced by delay; claim in
1 year.
(a) Industrial commission. (6) Agree
ment after 14 days, approved by
commission; disputes or disagree
ments settled by commission after
hearing, subject to review or limited
appeal to courts.
Assenting employers must report
within 10 days all accidents
causing disability for 7 days, or
requiring medical and surgical
aid; supplemental report on
termination of disability.
(a) No provision, (ft)
Commissioner of com
merce and labor.1
Georgia.
Maximum, $21.
mum, $5.
1Not provided for in compensation law.
46675°—29.
(Face p. 50.)
No. 1
PRINCIPAL FEATURES OF LAWS OF THE UNITED STATES RELATIVE TO WORKMEN’S COMPENSATION AND INSURANCE—Continued
Compensation benefits
How election is made
Employments covered
Insurance
State
B y employer
B y employee
Defenses abrogated if
employer does not
elect
Suits for damages
after election by
both employer and
employee
Special contracts
Public
Hawaii. No. 221. Approved
Apr. 28, 1915. In effect July 1,
1915. Amended, 1917, 1923.
Compulsory, as to all industrial em
ployments carried on for gain, ex
cept casual employees, those not in
usual course of employer's business,
and those receiving more than $36 a
week from any one employer.
Compulsory, as to all
employees
except
elective officials or
employees receiving
more than $1,800 a
year.
Employers must in
sure in private com*
panles, or provide
self-insurance.
Not permitted..
Idaho. Ch. 81. Approved Mar.
16,1917. In effect Jan. 1,1918.
Amended, 1921, 1925, 1927.
Compulsory, as to all employments
conducted for gain except farm and
domestic service, outworkers? casual
employment and charitable institu
tions. Voluntary, as to excepted
employments.
Compulsory, as to all Employers must In
employees and offi
sure in State fund
cials, except judges
or private com
of election, clerks of
panies, or provide
self-insurance.
elections, and Jurors.
Not permitted.
Illinois. P. 314. Approved June
10,1911. In effect M ay 1,1912.
N ew act, p. 335,1913. Amended, 1915, 1917, 1919, 1921, 1923,
1925, 1927.
Compulsory, as to “ extrahazardous”
employments enumerated; farm
labor, and persons not in usual
course of employer's business ex
cepted. Voluntary, as to excepted
employments.
Compulsory, as to all
employees
except
officials and mem
bers of fire depart
ments in cities of
200,000 or more in
habitants.
Employers must in
sure in private com
panies, or provide
self-insurance.
Indiana. Ch. 106. Approved
Mar. 8,1915. In effect Sept. 1,
1915.
Amended, 1917, 1919,
1923,1927.
Compulsory, as to mining. Elective, as
to all other employments except
farm labor, domestic service, casual
employees not in usual course of
employer's business, and railroad
employees engaged in train service.
Voluntary, as to excepted employ
ments.
Elective, as to all employments except
farm labor, domestic service, casual
employees, those not in course of
employer's business, and clerks not
subject to hazard of the industry.
Compulsory, as to all
employees.
Electing employers
must insure in pri
vate companies, or
provide self-insurance.
Presumed in absence
of written notice,
posted or served,
and filed with in
dustrial board.
Presumed in absence
of written notice,
served on employer
and filed with in
dustrial board.
Assumed risk, fellow Permitted if employer
service, and con
fails to insure risk.
tributory negligence.
Approved schemes per
mitted if benefits equal
those of act. All other
waivers forbidden.
Compulsory, as to all
employees
except
firemen and police
m e n in p e n s i o n
funds.
Electing employers
must insure in pri
vate companies, or
provide self-insur
ance.
Presumed in absence
of notice posted in
establishment and
filed with industrial
commissioner.
Presumed in absence
of written notice to
employer and in
d u s tr ia l commis
sioner.
Assumed risk, fellow
service, and con
tributory negligence
unless willful and
with intent to cause
injury.
Approved schemes per
mitted, but no reduction
of liability allowed. All
other waivers forbidden.
Kansas. Ch. 218.
Approved
M ar. 14,1911. In effect Jan. 1,
1912. Amended, 1913, 1917,
1919. New act, ch. 232, 1927.
Approved Mar. 14, 1927. In
effect June 30, 1927.
Elective, as to "especially dangerous”
employments enumerated except
those having less than 5 employees,
farm labor, and those not m usual
course of employer's business; all
mines covered. Voluntary, as to ex
cepted employments.
Elective, as to work
men on county and
municipal work.
Electing employers Presumed in absence
of notice posted in
must insure in pri
establishment and
vate companies or^
provide self-insur
filed with secretary
ance.
of state.
Presumed in absence
of written notice
filed with employer
and secretary of
state.
Assumed risk, fellow Not permitted............. Approved schemes per
service, and conmitted if benefits equal
tributory negligence.
those of act. Blind em
ployees may waive right to
compensation or damages.
Kentucky. Approved Mar. 23,
1916.
In effect Aug. 1, 1910.
Amended each session.
Elective, as to all employments except
those having less than 3 employees,
farm labor, and domestic service.
Threshing and hulling grains and
seeds are within the act. Voluntary,
as to excepted employments.
Elective, as to all mu Electing em ployers
must insure in Ken
nicipal corporations
tucky Employees'
having 3 or more em
Insurance Associa
ployees. Voluntary,
tion or other private
as to others.
companies, or pro
vide self-insurance.
B y writing filed with
the commission and
posted in the estab
lishment.
B y signed notice filed
with employer.
Assumed risk, fellow Permitted if injury is
service, and con
due to deliberate in
tributory negligence.
tention of employer
or failure to file evi
dence as to insur
ance.
Approved schemes per
mitted if benefits equal
those of act.
Louisiana. No. 20. Approved
June 18, 1914. In effect Jan. 1,
1915. Amended each session.
Elective, as to “ hazardous” employ
ments enumerated, or as agreed
upon or determined by court, except
employments not conducted for pur
pose of employer's business. Volun
tary, as to other employments.
Compulsory, as to all Employers under act
must insure or give
em ployees except
bond.
officials.
Presumed in absence
of written notice to
employee.
Presumed in absence
of written notice to
employer.
Assumed risk, fellow Not permitted.
service, and con
tributory negligence.
Maine. Ch. 295. Approved Apr.
1, 1915. In effect Jan. 1, 1916.
Reenacted, 1919; a m e n d e d ,
1921, 1925, 1927.
Elective, as to all employments* except
those having regularly less than 6
employees, farm labor, domestic
service, logging operations, casual
employees, and those not in usual
course of employer's business. Vol
untary, as to exempted employees.
Compulsory, as to “ extrahazardous”
employments for gain (list) including
State prisoners; act does not apply to
casual employees, farm labor, domes
tic service, country blacksmiths,
wheelwrights, or similiar rural em
ployments. Voluntary, as to works
not extrahazardous.
Compulsory, as to all Electing em ployers
must insure in priemployees of State,
va.e companies or
counties, and cities,
provide self-insur
except officials. Vol
ance.
untary, as to towns.
Writing filed with
c o m m is s io n a n d
posted in establish
ment.
Presumed, if employer
elects, in absence of
written notice to
employer filed with
commission.
Assumed risk, fellow Not permitted.
service, and con
tributory negligence.
Maryland. Ch. 800. Approved
Apr. 16,1914. In effect Nov. 1,
1914. Amended, 1916, 1917,
1920, 1922, 1924,1927.
Compulsory, as to at Employers must in
sure in State fund or
workmen employee
private companies,
for wages and en
gaged in extrahaz
or provide self-insurance.
a rd ou s em p loy ^
ments, and State po
lice force and pena.
institution guards
Voluntary, as to othe
employments.
*Not provided for iicompensation law.
Waiting time
Per cent of wages
Private
Iowa. Ch. 147. Approved Apr.
18,1913. In effect July 1,1914.
Amended, 1917,1919,1P23,1924,
1925, 1927.
Injuries covered
Waivers forbidden.
Death
(a) Dependents
(b) No dependents
Total disability
(а) Permanent
(б) Temporary
Death: Basic wage, maxi 312 weeks.
mum, $36; minimum,
$5.
Total disability:
Maximum, $20; mini
mum, $5, or actual wages
if disability is tempo
rary. Partial disability:
Maximum, $12.
Death: Maximum, $12; Death, 400 weeks. Per
minimum, $6, or actual
manent total disability,
wages. Others, maxi
life. Temporary total
disability, 400 weeks.
mum, $16; minimum, $6.
Partial disability, 150
weeks.
(a) Burial expenses, $100; 25 to 60
per cent of wages for 312 weeks;
basic wage, maximum, $36;
minimum, $5: total not over
$1 0 0 ^ ^
Burial expenses,
(a) (b) GOper cent of wages during
disability, not over 312 weeks;
maximum, $20; minimum, $5,
actual wages if disability is
temporary; total not over $5,000.
(a) Burial expenses, maximum,
$200; 45 per cent of wages to
widow or dependent widower
for400weeks, 55 percent if child
orchildren, maximum, $12; min
imum, $6, or actual wages. (6)
Bunalexpenses, maximum,$200;
also i$1,000 to administration
fund.
(a) (b) 55 per cent of wages for 400
weeks; 60 per cent if married,
and 5 per cent for each child;
maximum, $1G; minimum, $6,
in certain cases, $6.55 or $8; there
after $6 a week during disability.
(a) 50^ to 65 per cent of wages
until4 years' earnings are paid;
maximum, $4,550. (6) Burial
expenses, maximum, $150, and
$300 to second injury fund.
(a) 50 to 65 per cent of earnings for
8 years; maximum, $14 to $19;
minimum, $7.50 to $14; there
after 8 per cent of death benefits
for life, minimum, $10 a month.
(b) 50 to 65 per cent of earnings
during disability; maximum, $14
to $19; minimum, $7.50 to $14;
total not over $3,750.
(a) (b) 55 per cent of wages during
disability, not over £00 weeks;
basic wage, maximum, $30; min
imum, $16; total not over $5,000.
50 to 65 per cent of wage loss during
(a) 60 per cent of wages for 400
weeks; weekly maximum, $15;
minimum, $6, or actual wages.
(6) Same for not over 300 weeks.
Compensation increased by twothirds for fifth, sixth, and sev
enth weeks of disability.
(a) (6) 60 per cent of earnings dur
ing disability, not over 8 years;
weekly maximum, $18; mini
mum, $6.
Maximum and minimum
weekly
compensation
payments
Maximum period
Personal injuries by accident
arising out of and in course of
employment unless due to will
ful intention to injure self or
another, or to intoxication.
Occupational diseases included.
1 week. None in case
of partial disability.
Personal injuries b y accident aris
ing out of and in course of em
ployment, unless due to willful
intention to injure self or an
other, or intoxication.
1 week; compensated
fifth to seventh
weeks if disability
continues.
Not permitted............. Approved schemes per Accidental injuries arising out of
mitted if benefits equal
and in course of employment.
Occupational diseases in certain
those of act. No waiver
occupations included b y sepa
of provisions of act as to
amount of compensation
rate act.
without approval of board.
1 week. None if disa
bility continues for
4 weeks or more.
Disability, 50 to 65
per cent.
Maximum, $14 to $19.
Minimum,
$7.50 to
$14.
Permanent total disabil
ity, life.
Permanent
partial disability, 8
years. Temporary dis
ability, during its con
tinuance.
Personal injuries by accident aris
ing out of and in course of em
ployment unless due to willful
misconduct, intentional selfinflicted injury, intoxication,
and willful failure to use safety
appliances or to obey safety
laws, or commission of a crime.
Personal injuries arising out of
and in course of employment,
unless due to willful intention
to injure self or another, intoxi
cation, or willful act of a third
party.
1 week........................
Death, total disabil
ity, and specified
Injuries, 55 per cent.
Basic wage, maximum,
$30; minimum, $16.
Death and partial disabil
ity, 300 weeks. Total
disability, 500 weeks.
(a) Burial expenses, maximum,
$100; 55 per cent of wages for 300
weeks; basic wage, maximum,
$30; minimum, $16; total not to
exceed $5,000. (6) Burial ex
penses, maximum, $100.
2 weeks; compensated
during fifth to sev
enth weeks if disa
bility continues
60 per cent....................
Death: Maximum, $15;
minimum, $6. Disabil
ity: Maximum, $15;
minimum, $6, or actual
wages.
Death and temporary to
tal disbility, 300 weeks.
Permanent total disa
bility, 400 weeks.
(a) Burial expenses, maximum,
$150; 60 per cent of wages for
300 weeks; weekly maximum,
$15; minimum, $6, or full wages.
(6) Last sickness and burial ex
penses, maximum, $250.
Personal injuries b y accident aris
ing out of and in course of em
ployment except when going to
and from work, unless due to in
toxication, deliberate intention
to cause injury, or willful failure
to use safeguards required by
law or furnished b y employer.
Personal injuries b y accident aris
ing out of and in course of em
ployment, unless self-inflicted,
due to willful misconduct or in
toxication. Includes injuries due
to inhaling gas or smoke in
mines, or any kind of gas.
1 week.,
Disability, 60 per cent.. Disability: Maximum, $18; Disability, 8 years.............. (a) 3 years' earnings; maximum,
minimum, $6.
$4,000; minimum, $1,400. (b)
Burial expenses, maximum,
$150.
1 week..
65 per cent.
Maximum,
mum, $5.
$15.
Mini-
Death, 335 weeks. Total
disability, 8 years. Par
tial disability, 335 weeks.
(a) Burial expenses, maximum,
$75; 65 per cent of wages for 335
weets; maximum $12; minimum
$5; total not over $4,000.
(6)
Burial expenses, maximum $75;
and $100 to representative of de
ceased.
(a) (b) 65 per cent of wages during
disability, not over 8 years;
weekly maximum $15, mini
mum $5; total not over $6,000.
N o contract may relieve
employer from liability.
Personal injuries by accident aris
ing out of and in course of em
ployment, unless due to willful
mtention to injure self or an
other, intoxication, deliberate
failure to use safeguards, or
breach of safety laws.
1 week. None if disa
bility continues for
6 weeks or more.
Death, Z2M to 65 per
cent. Disability, 65
per cent.
Maximum, $20.
mum, $3, or
wages.
M ini
actual
Death, 300 weeks.
Per
manent total disability,
400 weeks. Temporary
total and partial disa
bility, 300 weeks.
(o) 65 per cent of wages for 400
weeks; maximum, $20; mini
mum, $3, or actual wages. (6)
Same for not over 300 weeks.
E x is tin g
ap p roved
schemes may bo contin
ued; waivers forbidden.
Personal injuries b y accident aris
ing out of and in course of em
ployment unless due to willful
mtention to injure self or an
other, or intoxication without
employer’s knowledge.
7 days..
66% per cent.
Maximum, $18.
mum, $6.
Mini-
Death, 300 weeks. Total
disability, 500 weeks.
Partial disability, 300
weeks.
(a) Expenses of burial, maximum
$100 and $50 contingent ex
penses; Z2H to 65 per cent of
wages for 300 weeks; maximum,
$20; minimum, $3, or actual
wages. (b) Expenses of burial,
maximum, $100, and $50 contin
gent expenses.
(a) 66H per cent of wages for 300
weeks; total not over $4,000;
maximum, $lfe; minimum, $6.
(6) Expenses of burial, maxi
mum, $200.
Waivers forbidden................. Accidental personal injuries aris
ing out of and in course of em
ployment, unless due to willful
intention to injure self or an
other, willful misconduct, or in
toxication as the sole cause.
3 days..
66% per cent.
Maximum, $18; minimum,
$8, or actual wages.
Death, 416 weeks. Per
manent total disability,
life.
Temporary total
disability, 312 weeks.
(a) Burial expenses, maximum,
$125; 6#$ per cent of wages for 8
years; maximum, $18, minimum,
$8, or full wages, not over $5,000
nor less than $1,000. (6) Burial
expenses, maximum, $125, unless
estate sufficient to defray same.
A pproved
s u b stitu te
schemes permitted if bene
fits equal those of act;
waivers forbidden.
Permitted if employer
fails to insure risk.
Permitted if employer
failed to insure risk,
or accident caused
by his deliberate in
tention.
* But included by construction of law.
Death, 25 to 60 per
cent. Total disabil
ity, 60 per cent.
Partial disability,
50 per cent.
Death, 20 to 55 per
cent. Disability, 55
per cent.
Medical and surgical aid
Nonresident alien de
pendents
Time for notice and claim
(a) B y whom administered
(b) How claims are settled
Accident reports required
Partial disability
60 per cent of wage loss during disa
bility, not over 312 weeks; maxi
Accident-prevention work
by—(a) Compensation
commission. (b) Other
agencies
State
Medical, surgical, and hospital
service, such as the nature of the
injury requires; charges limited
to prevailing rates.
Excluded......................
Notice as soon as practicable; (a) Industrial accident board for each
county, (b) Voluntary agreement
claim in 3 months; not re
approved b y board; disputed cases
quired if aid or compen
settled by board or b y arbitration
sation has been voluntari
committee; review b y full board;
ly given.
appeal to courts.
All employers must report all in
juries of 1 day's disability or
more as soon as practicable to
industrial accident board; sup
plementary report at termina
tion of disability or after 60 days.
(a) N o provision, (b) N o
provision.
Hawaii.
Reasonable medical, surgical, and
hospital service; hospital bene
fit funds permitted in lieu of
above. Charges limited to pre
vailing rates.
One-half benefits, sub
ject to treaty pro
visions; nothing if
law of nation ex
cludes citizens of
United States.
Notice as soon as practica
ble; claim in 1 year.
(a) Industrial accident board, (b)
Voluntary agreement approved by
board; disputed cases may be sub
mitted to arbitration committee;
review by full board; appeal to court
upon questions of law.
All employers must report all ac
cidents of 1 day's disability to
industrial accident board with
in 48 hours; supplementary
report after 60 days or upon
termination of disability.
(a) Industrial
accident
board, (b) Inspector of
mines.1
Idaho.
Medical, surgical, and hospital
service as reasonably required to
effect a cure.
Included........................
Notice as soon as practi
cable, not later than 30
days; claim in 6 months.
(a) Industrial commission. (6) Volun
tary agreement, not before 7 days
after injury; disputed cases settled
by arbitrator or arbitration com
mittee; review by full commission;
appeal to courts upon questions of
law.
All employers within provisions
of act must report all injuries
of more than 1 week’s disability
to industrial commission; fatal
accidents at once; others once a
month; supplementary report
of permanent disability cases.
(c) No provision, (b) De Illinois.
partment of labor;1
mine inspector.*
Necessary medical, surgical, and
hospital service for SO days; 30
days' additional treatment if
necessary in opinion of board;
charges limited to prevailing
rates.
N o provision *..............
Notice in 30 days or benefits
will begin from date of
notice; claim In 2 years.
(o) Industrial board, (b) Voluntary
agreement, not before 7 days after
injury, approved b y board; dis
puted cases settled b y board or
member thereof; review b y full
board; appeal to courts upon ques
tions of law.
All employers must report all in
juries of more than 1 day's dis
ability within 1 week to indus
trial board; supplementary re
port after 60 days or upon
termination of disability.
(a) Industrial board.
No provision.
Specified injuries, 60 per cent of
wages for fixed periods; propor
tionate forothers; maximum, $15;
minimum, $6, or actual wages.
Reasonable medical, surgical, and
hospital service j o t 4 weeks, if
requested by employee, court, or
commissioner; maximum, $100;
$100 additional in exceptional
cases.
O n e -h a lf b e n e fits ;
nothing If law of na
tion excludes citi
zens o f U n ite d
States.
Notice In 15 days; if in 30
days, not barred except as
to extent employer was
prejudiced; bar absolute
after 90 days; claim in 2
years.
(c) Industrial commissioner. (6) Vol
untary agreement, not before 12 days
after injury, approved b y commis
sioner; disputed cases settled b y
arbitration committee; review b y
commissioner; appeal to courts.
(a) No provision. (6) Bu Iowa.
reau of labor statistics;1
mine inspectors.1
60 per cent of wage loss duringdisa
Seasonable medical, surgical, and $750 maximum 3______ Notice in 10 days; claim in
hospital scrvico for 60 days, if
in 90 days, but in case of
demanded by employee; maxi
death 6 months.
mum, $100, but commission
may require employer to furnish
additional treatment; maximum,
$100.
(a) Commissioner of compensation of
public service commission,
(b)
Voluntary agreement;
disputed
cases settled b y local arbitration
com m ittee or b y an arbitrator; re
view b y commission.
All employers must report all ac
cidents of more than 1 day’s
disability within 48 hours to
industrial commissioner; sup
plementary report after 60 days
or upon termination of disa
bility.
1
All employers must report acci
dents resulting in incapacity for
more than remainder of day
within 7 days after knowledge.
(a) Commissioner of com
pensation of the public
service commission.
Kansas.
If permanent, percentage of a total
disability; if temporary, 65 per
cent of wage loss; not over 355
weeks; maximum, $15; total not
over $4,000. Specified injuries, 65
per cent of wages for fixed periods;
maximum, $12; minimum, $5.
Compensation for disfigurement.
65 per cent of wage loss for not over
300 weeks; maximum, $20. Speci
fied injuries, 65 per cent of wages
for fixed periods; maximum, $20;
minimum, $3, or actual wages.
Disfigurement, not over 100
weeks.
Reasonable medical, surgical, and
hospital service for 90 days, maxi
mum $100, unless board fixes
other period, when maximum is
$200; same for hernia operation;
charges limited to prevailing
rates.
One-half benefits; to
widows and children
only.
Notice as soon as practica
ble; claim in 1 year.
(a) Workmen's compensation board.
(6) Voluntary agreement approved
b y board; disputed cases settled b y
board, a member of same, or referee;
review b y full board; appeal to
courts.
All employers subject to act must
report all injuries of more than 1
day's disability to workmen's
compensation board within 1
week; supplementary report
after 60 days or upon termina
tion of disability.
(a) N o provision. (6) Mine
inspectors;1 Kentucky
Employees' Insurance
Association.
Kentucky.
teasonable medical, surgical, and
hospital service;
maximum,
$250; charges governed b y work
man's station.
N o provision................
Notice In 6 months; pro
ceedings must be begun
within 1 year.
(a) Courts. (6) Voluntary agreement
approved b y court; disputed cases
settled b y court.
(6)
N o provision____ _________ ______ (a) N o commission.
New Orleans factory in
spector.1
Louisiana.
(a) (6) 66% per cent of wages dur
ing disability, not over 500
weeks; maximum, $18; mini
mum, $6; total not over $6,000.
66% per cent of wage loss, maximum,
$18 for not over 300 weeks. Speci
fied injuries, 66% per cent of
wages for fixed periods; thereafter
a total or partial disability benefit,
not over 300 weeks in all
teasonable medical and hospital
service for S0 days, maximum,
$100; additional service In dis
cretion of commission.
One-half benefits ex
cept to residents of
Canada.
Notice in 30 days; claim in
1 year.
(a) Industrial accident commission.
(6) Voluntary agreement approved
b y commission; disputed cases set
tled b y commissioner; appeal to
court upon questions of law.
All assenting employers must re
port all accidents prom ptly to
industrial accident commission;
insurers must furnish informa
tion requested b y commission
or insurance commissioner.
(a) N o provision. (6) De
partment of labor and
industry.1
Maine.
(a) 66% per cent of wages for life;
maximum, $1S; minimum, $8, or
actual wages; total not over
$5,000. (6) 66% per cent of wages
for not over 6 years; maximum,
$18, minimum, $8, or actual
wages; total not over $3,750.
50 per cent of wage loss; masinnnn,
$18, total not over $3,000, if perma
nent, or $3,500, if temporary;
Specified injuries, G&H per <*2tof
wages for fixed periods; maiintinn.
$18; minimum, $8, or full
in addition to temporary totafcaw
over $3,750 in all.
uch medical, surgical, or hospital
service; including artificial limbs,
as may be required b y commis
sion; maximum, $500. Charges
limited to prevailing rates.
Dependent widows,
children, and par
ents only; may com
mute w i t h i n 1
year at three-fourths
value,
not
over
$2,400.
Notice of accident In 10 days;
of death in 30 days, unless
sufficient reason; claim in
30 days for injury, l year
death.
(a) Industrial accident commission.
(f>) Application by employee to com
mission which may render award, or
appoint arbitration committee, ap
peal to commission, then to courts.
All employers must report all acci
dents to industrial accident com
mission at once. Commission
may require additional reports.
(a) Industrial
accident
commission. (6) Board
of labor and statistics;
mine inspector.1
Maryland.
mum, $12; minimum, $5; total
not over $5,000. Specified inju
ries, 50 per cent of wages forfixed
periods, in addition to temporary
total. Disfigurement, maximum,
$5,000.
55 per cent of wage loss fornot over
150 weeks; maximum, $16. Speci
fied injuries, 55 per cent of wages
for 99 per cent of fixed periods in
additionto other benefits; weekly
maximum, $16. 2 per centofcom
pensation to second injury fund.
Disfigurement compensable.
disability, not over 8 years; maxi
mum, $14 to $19. Specified in
juries, 50 to 65 per cent of wages
•for fixed periods; maximum, $14
to $19; minimum, $7.50 to $14, in
addition to temporary total.
Disfigurement, maximum, onefourth death benefits.
50 per cent of wage loss fornot over
300 weeks; basic wage, maximum,
$30; minimum, $13. Specified in
juries, 55 per cent wages forfixed
periods; basic wage, maximum,
$30; minimum, $16; disfigurement,
not over 200 weeks.
bility, not over 8 years; specified
injuries, 60 per cent of wages for
fixed periods; maximum, $18.
8 Provision held by court to be in conflict with treaty and with fourteenth amendment.
46675°— 29.
(Face p. 50.)
(6)
Indiana.
No. 2
PRINCIPAL FEATURES OF LAWS OF THE UNITED STATES RELATIVE TO WORKMEN’S COMPENSATION
Employments covered
How election is made
State
Private
Public
Massachusetts. Ch. 751. Aproved July 28,1011. In effect
uly 1 , 1912. Amended, each
year.
Elective, as to all employments, except
farm labor, domestic service, and
persons not in usual course of em
ployer's business. Voluntary, as to
excepted employments.
Michigan. No. 10. Approved
Mar. 20, 1912. In effect Sept.
1, 1912. Amended, 1913, 1915,
1917,1919,1921,1927.
Elective, aa to all employments, except
employees not in usual course of
employer’s business.
Minnesota. Ch. 467. Approved
Apr. 24,1913. In effect Oct. 1,
1913. Amended, 1915,1917,1919.
New act, ch. 82,1921. Amend
ed, 1921,1923,1925,1927.
Elective, as to all employments, except
farm labor, domestic service, steam
railroads, casual employees not in
usual course of employer's business.
Commercial threshing and baling
included. Voluntary, as to farm
labor.
Elective, as to employ
ees of State, coun
ties, cities, towns,
villages, and school
districts, except offi
cials.
Missouri. P. 375. Approved Apr.
30, 1925. Deferred by referen
dum. Approved on referendum
and effective N ov. 2, 1920.
Elective, as to all employments where
more than 10 are regularly em
ployed, except farm and domestic
servants, casual employees, out
workers, and those whose earnings
exceed $3,600 per year; also of 10 or
less, if employment found hazardous.
Elective, acceptance by
enactment of law or
ordinance.
Montana. Ch. 96. Approved
Mar. 8,1915. In effect July 1 ,
1915. Amended, 1919, 1921,
1925.
Elective, as to hazardous employments;
farm labor, domestic service, and
casual employees (defined as not in
usual course of employer's business)
excepted. Voluntary, as to nonhazardous employments.
Compulsory, as to all
employees, includ
ing those of public
contractors.
Nebraska. Ch. 198. Approved
Apr. 21,1913. In effect Dec. 1,
1914. Amended, 1917, 1919,
1921, 1927.
Elective, as to all employments except
farm labor, domestic service, out
workers, and casual employees not in
the usual course of the employer’s
business. Voluntary, as to excepted
employments.
Compulsory, as to all
employees, except
officials elected or
appointed for fixed
terms.
Nevada. Ch. 183. Approved
Mar. 24,1911. In effect July 1 ,
1911. New act, ch. I ll, 1913.
Amended, each session.
Elective, as to all employments except
farm labor, domestic service, and
casual employees not in usual course
of employer’s business. Voluntaryt
as to exempted employments.
Compulsory, as to all
employees, includ
ing those of public
contractors.
sTew H a m p s h ire . Ch. 163.
Approved Apr. 15, 1911. In
effect Jan. 1,1912. Amended,
1923.
Elective, as to “ dangerous” employ
ments enumerated, except factories
or shops having less tnan 5 em
ployees engaged in manual or me
chanical labor; applies only to
“ workmen.”
Elective, as to all employments except
J
few Jersey. Ch. 95. Approved
Apr. 4,1911. In effect July 4,
1911. Amended, 1913, 1914,
1919, 1921, 1922,1923,1921,1925,
1928, 1927, 1928.
Compulsory, as to la Electing private em
borers,
workmen,
ployers must insure
and mechanics ot
in
Massachusetts
State, death of mem
Employees’ Insur
bers of National
ance Association or
Guard. Elective, as
other private com
to counties, cities,
panies.
towns, or districts
having power of tax
ation.
Compulsory, as to all Electing employers
employees, except
must Insure in State
elected officials.
fund or private
companies or pro
vide self-insurance*
By employer
B y employee
B y subscribing t o
State association or
insuring in other
companies.
Presumed in absence
of written notice, if
employer insures.
Assumed risk, fellow
service, and contrib
utory negligence.
No provision..
Compulsory, as to all
employees, except
elective officials or
those receiving a
salary over $1 ,200 .
Suits for damages
after election by
both employer and
employee
Not permitted.
Special contracts
Waiting time
Injuries covered
Per cent of wages
Waivers forbidden but em
ployee peculiarly suscep
tible to injury may obtain
approval of department to
waive his rights.
Personal injuries arising out of and
in course of employment, unless
due to serious and willful mis
conduct. (Occupational diseases
included by decision of court.)
7 days. None if disa
bility c o n t i n u e s
more than 4 weeks.
66H per cent................
Writing filed with in
dustrial
accident
board.
Presumed in absence
of written notice, if
employer elects.
Assumed risk, fellow
service, and contrib
utory negligence.
Permitted if employer
is in default on in
surance premiums.
Existing schemes may be
continued, but no reduc
tion in liability allowed;
waivers forbidden.
Personal injuries arising out of and
in course of employment, unless
due to intentional and willful
misconduct. (Court holds in
jury must be accidental.)
1
week. None if dis
ability continues 6
Electing employers
must insure In pri
vate companies or
provide self-insurance.
Presumed in absence
of written notice
posted in establish
ment and filed with
commissioner of la
bor. Contracts must
state rejection in
writing.
Presumed in absence
of written notice to
employer and filed
witn commissioner
of labor.
Assumed risk, fellow
service, and contrib
utory negligence un
less willful.
Not permitted___
Employer may maintain
approved schemes, but
may not reduce liability
fixed by law.
Personal injuries b y accident aris
ing out of and in course of em
ployment, unless intentionally
self-inflicted, due to intoxica
tion, or caused by fellow em
ployee for personal reason. Des
ignated occupational diseases in
cluded.
1
week. None if disa Death, 30 to 66 % per
bility continues 4
cent.
Disability,
weeks.
6676 per cent.
Electing employers
must insure in pri
vate companies or
provide self-insur
ance.
Presumed in absence
of written notice
filed with the com
mission.
Presumed in absence
of written notice
filed with the com
mission.
Assumed risk, fellow
service, and contrib
utory negligence.
Permitted if employer
fails to secure pay
ment of compensa
tion.
Waivers forbidden............. .
Personal injuries b y accident aris
ing out of and in course of em
ployment, not intentionally selfinflicted.
Electing employers
must insure in State
fund or private
companies or pro
vide self-insurance;
nonhazardous em
ployments in State
fund.
Electing employers
must insure in pri
vate companies or
provide self-insur
ance.
Writing filed with
board and posted in
establishments.
Presumed in absence
of notice posted in
establishment and
filed with compen
sation commissioner.
Electing
employers
must insure in State
fund.
Writing filed with
commission; notice
of rejection to be
posted in establish
ment.
Electing
employers
must give proof of
financial ability or
file a bond.
Writing filed with
commissioner
of
labor.
All employers must in Presumed in absence
sure in private com
of written notice to
panies, or provide
employees.
self-insurance;
and domestic serv*
ice exempted.
1 N ot
Presumed in absence
of written notice to
employer and filed
with board.
Assumed risk, fellow
service, and contribu t o r y negligenco
unless willful.
Permitted if employer
in State fund is in
default on insurance
premiums.
Waivers forbidden; hospital
fund may be maintained.
Presumed in absence
of notice to em
ployer and filed with
compensation com
missioner.
Assumed risk, fellow
service, and contrib
utory negligence un
less willful.
Permitted if employer
fails to insure risk.
Existing schemes may be
continued if benefits equal
those of act. Waivers for
bidden.
Presumed in absence
of notice to employ
er and filed with
commission.
sation or beginning
proceedings under
act.
Presumed in absence
of written notice to
employer.
ND INSURANCE—Continued
Compensation benefits
Defenses abrogated if
employer does not
elect
Insurance
M
Injuries from fortuitous event aris
ing out of and in course of em
ployment.
Personal injuries by accident aris
ing out of and in course of em
ployment, unless due to willful
negligence (deliberate and reck
less indifference to safety, or in
toxication).
Personal injuries by accident aris
ing out of and in course of em
ployment, unless due to willful
intention to injure self or an
other, or sustained while intoxi
cated.
Permitted if employer
is in default on in
surance premiums.
Waivers forbidden.
Hos
pital fund may be main
tained.
Fellow service, con
tributory negligence,
assumption of risk.
Permitted in lieu of
compensation after
injury.
No provision................ .......... Injuries by accident arising out of
and in course of employment,
unless due to willful misconduct,
intoxication, or violation of law.
Assumed risk, fellow
service, and contrib
u to ry negligence
unless willful. A b
rogation does not
depend upon rejec
tion of act.
Not permltted.
No substitute agreements
valid.
Assumed risk, fellow
service, and contrib
utory negligence un
less willful.
provided for in compensation law.
Personal injuries by accident aris
ing out of and in course of em
ployment, unless intentionally
self-inflicted, or due to intoxica
tion. Designated occupational
diseases included.
t days. None if disab i 1 i t y continues
more than 4 weeks.
2
66 %
per cent.
Sper cent____
weeks. None if dis Death, 30 to 50 per
ability continues 6
cent. Disability, 50
weeks.
per cent.
1 week. None if disa
bility continues for
6 weeks.
7 days. Then com
pensation from date
of injury.
66 H
per c e n t ..............
Death, 10 to 66 % per
cent.
Total and
temporary partial
disability, 60 per
cent; p e r m a n e n t
partial and specified
injuries, 50 per cent.
Maximum and minimum
weekly
compensation
payments
Maximum period
Total disability
(a) Permanent
(ft) Temporary
Time for notice and claim
A ccident-provention w ork
b y _ ( a ) C om pensation
com m ission, (ft) O ther
agencies
(a) By whom administered
(b) How claims are settled
Accident reports required
(a) Industrial accident board. (6)
voluntary agreement approved by
board; disputed cases settled by
member cf board; appeal to full
board; certain cases taken direct to
board; appeal to court upon ques
tions of law.
All employers must report all in
juries to board within 43 hours;
supplementary report after 60
days or termination of disabil
ity; insurers report compensa
tion paid within 60 days after
termination of disability.
State
Partial disability
(a) No provision. (b) De Massachusetts
partment of labor and
industries;1 Massachu
setts Employees’ Insur
ance Association.
(a) (ft) 66*3 per cent of wages for
not over 500 weeks; weekly max
imum, $18; minimum, $9 or
actual wages; total not over
$4,500.
66% per cent of wage lcs3, maximum,
$18; total not over $4,500. Speci
fied injuries, €6% per cent of wages
for fixed periods in addition to all
other compensation; maximum,
$10; minimum, $4.
Reasonable medical, surgical, and
hospital service for 2 weeks, or
longer, in cases requiring special
ized or surgical treatment at
discretion cf board.
No provision *
Notice as soon as practi
cable; claim in 6 months.
(a) Expenses 6f last sickness and
burial, maximum, $200; 60% per
cent of wages for 300 weeks;
maximum, |1S; minimum, $7.
(d) Expenses ot last sickness and
burial, maxiinum, $200.
(a) (6) 66% per cent of wages during
disability, for not over 500 weeks;
weeSIy maximum, $18; mini
mum, $7; total not over $9,000.
Reasonable medical and hospital
service, for SOdays.
Alien dependents re
siding outside of the
United States en
titled to 66% of com
pensation.
Notice in 3 months; claim in
6 months; 2 years if dis
ability develops after 6
months after date of injury.
Maximum, $20.
Mini Death, during depend
ency. Permanent total
mum $8 , or actusd wages.
disability, life. Tempo
rary total and partial
disability, 300 weeks.
(a) Burial expenses, maximum,
$150; 30 to c m per cent of wages;
maximum, £20; minimum, $8, or
actual wagbs; total not over
$7,500. (b) Expenses of burial,
maximum, $150; and $200 to sec
ond injury fund.
(0) 66% per cent of wages; maxi
mum, $20; minimum, $8, or
actual wages; not over $10,000
in all. (b) 66% per cent of wages
for not over 300 weeks; maxi
mum, $20, minimum, $8, or
actual wages.
6G% per cent of wage loss during dis
ability, for not over 500 weeks;
weekly maximum, $18. Specified
injuries, 6626 per cent cf wages for
fixed periods; weekly maximum,
$18; minimum, $7, in lieu cf ether
payments.
6G% per cent of wage loss during dis
ability, for not over E00 weeks;
maximum, $20. Specified injuries,
6 6 7 <j per cent of wages for fixed
periods, in addition to temporary
total; maximum, $20, minimum,
$8, or actual wages. Disfigure
ment, not over 75 weeks.
Reasonable medical and surgical
treatment for 90 days; commis
sion may allow additional treat
ment, if need is shown. Charges
limited to prevailing rates.
In clu d ed . _
Notice in 14 days; if in 30
days not barred except as
to extent employer was
prejudiced; bar absolute
after 90 days.
Action
must be brought within
6 years.
Temporary total disabil
ity, 400 weeks; perma
nent, during life.
No provision--------
Notice in 30 days; claim in
6 months.
Reasonable medical and hospital
service for 6 months; maximum,
$500, unless there is a hospital
fund; special operating fee of $50
in case of hernia.
Excluded unless treaty
to contrary, then
40 per cent benefits
if treaty permits;
none if law of na
tion excludes citi
zens
of
United
Notice in 60 days; claim in
6 months.
Death, 350 weeks. Per
manent total disability,
life. Temporary total
disability, during its
continuance.
Partial
disability, 300 weeks.
(a) Expenses of burial, maximum,
$150; 6 6 7 $ per cent of wages for
350 weeks; maximum, $15; mini
mum, $6, or actual wages. (6)
Expenses of burial, maximum,
$150.
Reasonable medical and hospital
service not exceeding the regular
charge in similar cases.
Widowers, brothers,
and sisters excluded;
may commute with
in one year at twothirds value.
Notice as soon as practi
cable; claim in 6 months;
bar absolute after 1 year.
(a) Commissioner of labor who is also
compensation commissioner.
(0)
Voluntary agreement filed with
commissioner; disputed cases settled
by commissioner; appeal to court.
Reports of accidents shall be made
as directed by compensation
commissioner.
(a) Burial expenses, maximum,
$150; widow or dependent wid
ower, 30 per cent of wages until
death or remarriage; 15 per cent
additional for each child; total
not over 6G% per cent; monthly
maximum ftasic wage, $120.
Also burial expenses, maximum
$150, in case 6f death of depend
ent. (6) Burial expenses, maxi
mum, $150. !
(a) 150 times ; weekly earnings;
total not over $3,000. (ft) Ex
penses of medical attendance
and burial; maximum, $100.
66% per cent of wage loss, maximum,
$20, not over 100 weeks if tempo
rary. Specified injuries, 66?$ per
cent of wages; maximum $20,
minimum, $6, for fixed periods,
in lieu of all other compensation.
Disfigurement, not over $1,000
additional.
(a) 50 per cent of wages for 500 50 per cent of wage loss, for not over
150 weeks if permanent, 50 weeks
weeks; maximum, $15; mini
if temporary; maximum, $7.50.
mum, $7. (6) 50 per cent of
Specified injuries, 50 per cent of
wages for not over 300 weeks;
wages for fixed periods; maximum,
maximum, $15; minimum, $7,
$15; minimum, $7, or actual
or actual wages, in lieu of all
wages, in lieu of all other compen
other compensation.
sation.
66%
per cent of wage loss for not
(j) (b) 603$ per cent of wages for 300
over 300 weeks; maximum, $15.
weeks; maximum, $15; mini
Specified
injuries, 66% per cent of
mum, $6, or actual wages; there
wages for fixed periods, in addi
after 45 per cent of wages during
tion to temporary total; maxi
disability; maximum, $12; mini
mum, $15; minimum, $6, or actual
mum, $4.50, or actual wages.
wages;
certain disfigurements
compensated.
(a) 60 per cent of wages for life; 60 per cent of wage loss, for not over
63 months; monthly maximum,
monthly maximum, $60; mini
$40. If permanent, 50 per cent of
mum, $30; also $30 for services of
wages for periods proportioned to
constant attendant, if required;
disability, for not over 60 months;
(6) 60 per cent of wages, for not
monthly maximum, $60. Speci
over 100 months; total not over
fied injuries 50 per cent of wages
$7,200; monthly maximum, $72;
for fixed periods in addition to
minimum, $30; $10 additional
temporary
total; monthly maxi
per month if dependents in
mum, $60; minimum, $30. Dis
United States.
figurement, not over 12 months.
(a) (6) 50 per cent of wages, for 50 per cent of wage loss for not over
300 weeks; maximum, $15.
not over 300 weeks; maximum,
$15.
Medical, surgical, and hospital
treatment as reasonably required
for 60 days, not over $250, and
thereafter* within one year, as
commission may determine.
Death, 400 weeks. Per
manent total disability,
500 weeks. Temporary
total disability,
300
weeks. Partial disabil
ity, 150 weeks.
(a) Burial expenses, maximum,
$150; expanses of last sickness,
maximum, $250; three hundred
times 66% per cent of weekly
earnings, payable weekly; $20
maximum, $6 minimum. (ft)
Expenses of last sickness and
burial, as above.
(a) Burial expenses, maximum,
$150, 30 to SO per cent of wages
for 400 weeKs; maximum, $15,
minimum, $7, or actual wages.
(b) Burial expenses, maximum,
$125.
Reasonable medical, surgical, or
hospital treatment for 6 months,
which may be extended an addi
tional year by commission.
T r a n s p o r t a t i o n furnished.
Charges limited to prevailing
rates.
60 p er cent
of benefits.
Notice of injury in 30 days;
death in 60 days; claim in
90 days for disability; l
year for death.
(a) Industrial commission. (ft)1 By
commission under rules adopted by
it.
All electing employers and physi
cians must report all accidents
to industrial commission.
(a) N o p r o v i s i o n , (ft)
L abor com m issioner;1
inspectors of m ines.1
Reasonable m edical a n d hospital
services for 14 days.
No provision..
Notice as soon as practicable
and before leaving service;
claim in 6 months.
(a) Courts. (6) V o lu n ta r y agreem ent,
or by action in e q u ity b efore su p erior
All employers subject to act must
make such reports to commis
sioner of labor as required by
him.
(a) No commission.
Bureau of labor.1
(a) Burial expenses, maximum,
$150; 35 to 60 per cent of wages
for 300 weeks; maximum, $20;
minimum $10 or actual wages,
(6) Expenses of last sickness,
maximum, $100, and burial ex
penses, maximum, $150.
Reasonable medical and hospital
service; maximum, $100; in
cases requiring unusual treat
ment bureau may increase
amount; special operating fee
of $150 in case of hernia.
No provision....
Notice In 14 days; 30 days,
except as employer is prej
udiced; bar absolute after
90 days; claim in 1 year.
Notice of occupational
disease in 5 months after
last exposure.
(a) Department of labor. (ft) Volun
tary agreement approved by de
partment; disputed cases settled by
department or referee; appeal to
courts.
Employers must make immediate
report to department of all acci
dents and occupational diseases.
(a) D ep a rtm e n t of labor.
(6) No provision.
66% per cent of wages for periods
proportioned to disability, for not
over 500 weeks. Specified in
juries, 66% per cent of wages for
fixed periods; maximum, $20;
minimum, $10, or actual wages; all
in addition to temporary total.
Scheduled specified in
juries: Maximum, $10;
minimum, $4. Others:
Maxmum, $18; mini
mum, $9 or actual
wages.
Death and total disabil
ity, m a x im u m 590
weeks; p a r t i a l disa
bility, nG limit.
(a) Widow, $16 per week plus $2 for
each child; maximum, 400 weeks
or $6,400. [Other dependents
66% per ceit of wages for 600
weeks; maiimum, $10; mini
mum, $4; ttJtal not over $4,000.
(6) Expenstjs of burial, maxi
mum, $150; and $100 to second
injury fund.
Mini-
Death, 300 weeks. Dis
ability, 500 weeks.
Maximum, $18.
mum, $7.
Maximum, $20.
Mini
mum, $6 , or actual
wages in case of tempo
rary disability.
Maximum, $15.
mum, $7, or
wages.
Mini
actual
Maximum, $15.
mum, $6 , or
wages.
Mini
actual
Death: Maximum basic
wage, $ 120 a month.
Disability:
Monthly,
maximum, $40 to $72;
minimum, $30.
Death, during life or until
remarriage of widow or
dependent
widower.
Total disability, during
its continuance.
1 week. Then com Disability, 50 per cent. Disability, maximum, $15.
pensation from date
Minimum, no provision.
of injury.
Disability, 300weeks..
7 days. None if dis
ability exceeds 7
weeks.
Death, 300 weeks, plus
disability, 500 weeks.
Permanent total dis
ability,
400
weeks.
Temporary total and
partial disability, 500
weeks.
Death, 35 to 60 per
c e n t. D is a b ility ,
66 % per cent.
t>eath
(0 ) Dependents
( 6) No dependents
Medical and surgical aid
N onresident alien de
pen d en ts
Maximum, $20. Mini
mum, $10 , or actual
(a) 66% per cent of wages for 300
weeks; $20 maximum, $6 mini
mum, then 25 per cent of wages
for life, (ft) 66% per cent of
wages for not over 400 weeks;
$20 maximum, minimum $6, or
actual wages.
(a) 66% per cent of wages for 400
weeks; maximum, $20, mini
mum, $10, or actual wages. (ft)
66% per cent of wages, for not
over 300 weeks; maximum, $20:
minimum, $10. or actual wages.
*But Included by construction of law.
(a) No provision. (6) De Michigan.
(a) Department of labor and Industry. All'employers must report all in
partment of labor and
juries to department on eighth
(6) Voluntary agreement approved
industry.1
day after occurrence; supple
b y department; disputed cases set
mental
report
of
deaths
within
14
tled b y arbitration committee; ap
days.
peal to department; certain cases
taken direct to department; appeal
to court upon questions of law.
(a) No provision, (b) De M innesota.
(a) Industrial commission. ( 0) Em All electing employers must report
partment of labor and
fatal and serious accident with
ployers are directed to pay compen
industries;! county in
in 48 hours, other tabulatable
sation according to terms of act,
spectors of mines.1
accidents within 7 days to in
without agreement or order; may
dustrial
commission.
not discontinue over protest of bene
ficiary without notice to commis
sion. Orders issue after hearing,
subject to review and appeal to
courts.
(a) No provision. (6) State Missouri.
( 0 ) Workmen’s compensation com All employers must report all
industrial inspector.1
injuries in 10 days; supplemen
mission. (b) Agreements approved
tary report in one month.
by commission; disputes settled by
commission; appeal to court on ques
tions of law.
(a) In d u stria l accident b oa rd , (ft) Dis
puted cases determ ined by b o a r d
su b je ct to rehearing on certain sp e ci
fied grounds; lim ited a p p ea l t o
cou rts.
cou rt.
All employers and insurers must
report all accidents to industrial
accident board; employers not
in State fund must report
monthly on compensation and
medical aid paid.
(a) In d u s tria l accident
board. (b) D ep artm en t
of labor an d industries
(mines
an d
boilers
only) -1
M o n tan a .
(a) N o p r o v i s i o n .
Bureau of labor.
Nebraska.
46675°—29.
(Face p. 50.)
(6)
Nevada.
(f) New Ham]
shire.
New Jersey.
No. 3
PRINCIPAL FEATURES OP LAWS OF THE UNITED STATES RELATIVE TO WORKMEN’ S COMPENSATION AND IN SURANCE
Continued^
Compensation benefits
How election is made
Employments covered
Insurance
State
B y employer
Private
New Mexico.
Ch. 83. A p
proved Mar. 13,1917. In effect
June 8 , 1917. Amended, 1919,
1921, 1927.
New York. Ch. 816. Approved
Dec. 16,1913. In effect July 1,
1914. Amended each year.
North Dakota. Ch. 162. Ap
proved Mar. 5, 1919. In effect
July 1, 1919. Amended 1921,
1923, 1925, 1927.
Ohio. P . 524. Approved June
15,1911. In effect Jan. 1, 1912.
Amended each session up to
1925.
Oklahoma. Ch. 246. Approved
Mar. 22,1915. In effect Sept. 1,
1915. Amended 1919, 1923.
Oregon. Ch. 112. A p p r o v e d
Feb. 25,1913. In effect July 1,
1914. Deferred b y referendum.
Amended, each session.
Pennsylvania. No. 338. A p
proved June 2, 1915. In effect
Jan. 1, 1916. Amended, 1917,
1919, 1921,1923, 1925, 1927.
Philippines. A ct N o. 3428 of
Dec. 10, 1927. In effect Jane
30,1928.
‘orto Rico. No. 19. Approved
Apr. 13,1916. In effect July 1,
1916. Amended, 1917. New
act, No. 10,1918; in effect July
1, 1918; amended, 1919, 1920,
1921, 1925. New act, No. 85.
Approved M ay 14, 1928. In
effect Aug. 12, 1928.
Elective, as to “ extrahazardous” em
ployments for gain if 4 or more em
ployees; casual employees not in
usual course of employer’s business
excepted, numerical exception does
not apply to structural work 10 feet
above ground.
Voluntary, as to
nonhazardous employments.
Compulsory, as to enumerated
“ hazardous” employments, and all
other employments having 4 or more
workmen or operatives; farm and
domestic services excluded. Volun
tary, as to other employments.
Compulsory, as to all employments
except executive officers receiving
more than $2,400 per year, farm and
domestic service, casual employees
not in usual course of employer’s
business, and any common carrier
b y steam railroad. Voluntary, as to
excepted employments.
Electing
employers
must insure in pri
vate companies or
provide self-insur
ance.
Compulsory, as to all
employees.
Employers must in
sure in State fund
or private com
panies, or provide
self-insurance.
E
Compulsory, as to all
employees.
Compulsory, as to "hazardous” em*
ployments (enumerated list and
general clause) conducted for gain
except those having less than 2 em
ployees, farm labor, and employees
not engaged in manual or mechani
cal work.
Elective, as to enumerated “ hazard
ous” employments except farm
labor. Voluntary, as to excepted
employment.
Compulsory, as to all Employers must in*
sure in private com
workmen in hazard
panies or provide
ous e m p lo y m e n ts
self-insurance.
employed for wages,
except when equiva
lent schemes are in
force.
Compulsory, as to haz Electing em p lo y e rs
must insure in State
ardous occupations.
fund.
Elective, as to others.
Compulsory, as to all employments
exercised for gain, the gross income
of ’which was not less than 40,000
pesos. Agriculture, charitable in
stitutions, domestic service, casual
employments, and those whose
wages are over 42 pesos ($21) per
week are excluded.
Compulsory, as to all employments
except domestic service and work of
a temporary nature.
Compulsory, as to all
employees, includ
ing public contrac
tors.
Compulsory, as to all
employees in the in
dustrial concerns of
the government and
in public works, ex
cept public officers
elected b y popular
vote or persons earn
ing in excess of 800
pesos a year.
Compulsory, as to all
employees, includ
ing public works
performed b y ad
ministration
and
members of munic
ipal fire corps, ex
cept clerks in any
department or de
pendency.
Presumed in absence
of written notice to
employer.
Assumed risk, fellow
service, and contrib
utory negligence.
Permitted if employer
fails to insure risk.
Permitted in case of
default on insurance
premiums*
Electing
employers
must insure in State
fund or private com
panies or provide
self-insurance.
Employer may insure
in private compa
nies or provide selfinsurance.
Employers must in
sure in State fund,
in private, or in mu
tual insurance com
panies or give proof
of financial ability.
Permitted if employer
fails to insure risk.
Presumed in hazard
ous employments in
absence of notice
posted in establish
ment and filed with
commission.
Presumed in absence
of written notice, if
employer elects.
Presumed in absence
of notice posted in
establishment,given
employee, and filed
with compensation
bureau.
Presumed in absence
of written notice to
employer and filed
with compensation
bureau.
Medical and surgical aid
Special contracts
Assumed risk, fellow
service, and contrib
utory negligence ex
cept willful and with
p u r p o s e o f s e lf injury.
Permitted if injury is
due to willful act of
employer or in case
of default on insur
ance premiums.
Assumed risk, fellow
service, and con
tributory negligence
unless due to in
toxication or reck
lessness.
Abroga
tion does not depend
upon rejection of
act.
Permitted if employer
fails to insure risk.
Waivers forbidden*
Waivers forbidden.
WaiVers forbidden except
in case of blind employees.
Approved schemes permit
ted. Waivers forbidden.
Waivers forbidden.
Waivers forbidden-..
Not permitted............. Waivers forbidden........
Permitted if injury is
caused by illegal act
or gross negligence
of employer. If em
ployer has failed to
secure
compensa
tion, the employee
may claim compen
sation and also sue
for damages.
Injuries covered
Waiting time
Per cent of wages
Not permitted............. No provision except that
employer may maintain
hospital fund.
Permitted if employer
fails to insure risk.
Employers must in
sure in State fund
or provide self-in
surance.
Compulsory, as to all
employees, except
officials or firemen
and policemen in
cities having pen
sion funds.
Elective, as to all employments except
farm labor, domestic service, casual
employees not in usual course of
employer's business, and out
workers.
Presumed in absence
of written notice to
employees.
Employers must in
sure in State fund.
Compulsory, as to all employments
except those having less than 3 em
ployees, and casual employees not
in usual course of employer’s busi
ness. Voluntary, as to employments
having less than 3 employees.
Sot provided for in compensation Ia w.
Elective, as to emloyees of the State
ighway commis
sion engaged in ex
trahazardous o c c u
pations.
B y employee
Defenses abrogated if
employer does not
elect
Suits for damages
after election by
both employer and
employee
N o provision...........
Injuries by accident arising out of
and in course of employment,
unless due to intoxication or in
tentionally inflicted by himself
or another.
Accidental personal injuries aris
ing out of and in course of em
ployment, unless due to willful
intention to injure self or an
other, or intoxication. Desig
nated occupational diseases in
cluded.
Injuries arising in course of em
ployment unless caused by will
ful intention to injure self or
another, in c lu d in g d isea ses
proximately caused by the em
ployment.
10
1
days...
week. None if dis
ability continues for
more than 7 weeks.
1 week. None if dis
ability continues for
more than 1 week.
Death, 15 to G6 % per
cent.
Disability,
6 6 % oer cent.
Death, 20 to 66 % per
cent. D is a b ility ,
6 6 £3 per cent.
66 %
Injuries sustained in course of em
ployment, unless purposely selfinflicted. Designated occupa
tional diseases included.
Accidental personal injuries, not
fatal, arising out of and in course
of employment, unless due to
willful intention to injure self or
another, intoxication, or willful
failure to use statutory safe
guards.
Personal injuries by accident
arising out of and in course of
employment, unless due to de
liberate intention to injure self.
Death, 15 to 60 per
cent. Disability, 50
per cent.
5 days..
None..
66 %
percent.
per cent.
Monthly p e n s i o n ;
amounts not based
on wages, except
for temporary total
disability.
Personal injuries by accident in
course of employment, unless
intentionally self-inflicted, or
due to intentional act of third
party for reasons not connected
with the employment.
7 days__....... .
Death, 15 to 65 per
cent. Disability, 65
per cent.
Personal injuries from any acci
dent duo to and in pursuance of
the employment or any illness
contracted and directly caused
by such employment or result
ing from the nature of such em
ployment, except drunkenness,
notorious negligence, and volun
tary intent, illness included.
7 days..
Death, 25 to 60 per
cent. Disability, 50
to 60 per cent.
Personal injuries by accident
occurring in the course of and as
a consequence of employment,
unless due to attempt to commit
a crime, to injure one’s self or
another, to intoxication, the
willful criminal act of another,
or solely to recklessness. Desig
nated occupational diseases in
cluded.
7 days..
Temporary total dis
ability, 50 per cent.
Maximum and minimum
weekly
compensation
payments
Death: Basic weekly wage, Death, 300 weeks; total
disability, 520 weeks;
maximum, $30. Disa
partial disability, no
bility: Maximum, $12;
provision.
minimum, $6 , or actual
wages.
Death: Maximum basic
wage, $150 a month.
D is a b ilit y : W e e k ly
maximum, $25; mini
mum, $8 , or full wages.
Death: B a s i c w e e k l y
wage; maximum, $30,
minimum, $18, but com
pensation not more than
w ages. D i s a b i l i t y :
Weekly maximum, $20,
minimum, $6 , or actual
wages if less than $6 .
Maximum, $18.75; mini
mum, $5, or actual
wages.
Maximum, $18.
mum, $8 , or
wages.
Mini
actual
Monthly pension. Mini
mum; death, $15, per
manent total disability,
$30; no maximum. Tem
porary total disability,
$30 to $97. Permanent
partial disability, $25.
Death; Basic wage, maxi
mum, $24; minimum,
$12. Disability: Maxi
mum, $15; minimum,
$7, or actual wages.
Total disability
(aj Permanent
( 6 ) Temporary
Death
ependen
(а) Dependents
( б) "No dependents
*
Maximum period
(a) Burial expenses, maximum,
$7 5 ; 15 to 60 per cent of wages
for 300 weeks; basic wage, maxi
mum, $30. (6 ) Expenses of
burial, maximum, $75, and
medical attendance, maximum,
$150.
Death, during life or until
remarriage of widow or
dependent
widower.
Permanent total disa
bility, life. Others, dur
ing disability.
Death, during life or until
remarriage. Disability,
during its continuance.
Death, 416 weeks. Perma
nent total disability,
life. Temporary total
disability, 312 weeks.
Partial disability, dur
ing its continuance.
Permanent total disabil
ity, 500 weeks. Tempo
rary total and partial
disability, 300 weeks.
(a) (b) 50 per cent of wages for not
over 520 weeks; maximum, $1 2 ;
minimum, $0 , or actual wages.
Nonresident alien de
pendents
Time for notice and claim
A ccident-prevention wOTk
by—(a) C om pensation
commission. (6) Other 1
agencies
Accident reports required
(а) B y whom administered
( б) How claims are settled
State
Partial disability
If permanent, compensation meas
ured by extent of disability.
Specified Injuries, 50 per#cent of
wages for fixed periods, in addi
tion to temporary total; maxi
mum, $1 2 ; minimum, $6 or actual
wages. Disfigurement, maximum
^500
6 6 % per cent of wage loss; total not
over $4,000 if temporary. Speci
fied injuries, Gfi% per cent of wages
for fixed rjeriods, plus fixed heal
ing time in certain cases; maxi
mum, $20 ; minimum, $3, or actual
wages. Disfigurement, maximum,
$3,500.
(a) Burial expenses, maximum, (a) 66 % per cent of wages for life;
maximum, $25, minimum, $8 , or
$200 ; widow or dependent wid
full wages. (6 ) 66 % per cent of
ower, 30 per ccnt of wages until
wages during disability; maxi
death or remarriage; 10 per cent
mum, $25; minimum, $8 , or full
additional for each child; total
wages; total not over $5,000.
not over 66% per ccnt; maxi
mum basic wage, $150 a month.
(6 ) Burial expenses, maximum,
$200 , and $1,000 to create special
funds.
(a) Burial expenses, maximum (a) 66 ?$ per cent of weekly wages If temporary, 6 6 % per ccnt of wage
loss; maximum, $20 . If permanent
during disability; maximum,
$150; 3 5 per cent of weekly wages
for fixed periods according to
$20 ; minimum, $6 , or actual
to widow or dependent widower
schedule of percentage of disa
wages, maximum, $15,000. (6 )
until death or remarriage; 10
bility. Disfigurement compen
66
%
per
cent
of
weekly
wages
per cent additional for each
sated.
during disability; maximum,
child, total not over 66 % per
$
20
;
minimum,
$
6
,
or
actual
cent; basic wage, maximum, $30,
wages.
minimum, $18, no compensation
to exceed wages, total maximum,
$15,000.
(6) Burial expenses,
maximum, $150.
(a) Burial expenses, maximum, (a) 6 6 % per cent of wages for life; 6 6 % per cent of wage loss; maxi
mum, $18.75; total not over $3,750.
maximum, $18.75; minimum,
$150; 6 6 % per cent of wages for 8
Specified injuries, 667 $ per cent of
$5, or actual wages. ( 6 ) 6 6 % per
years; maximum, $18.75; total
wages for fixed periods in addi
ccnt of wages for not over 6
not over 56,500 nor less than
tion to temporary total; maxi
years; maximum, $18.75; mini
$2,000.
(6 ) Burial expenses,
mum, $18.75. Disfigurement, not
mum, $5, or actual wages; total
maximum, $150.
over $3,750.
not over $3,750.
6
6
% per cent of wage loss for not
(«)
6
6
%
per
cent
of
wages
for
500
Fatal accidents not covered......... .
over 300 weeks. Specified in
weeks; maximum, $18; mini
juries, 6 6 % per cent of wages for
mum $8 , or actual wages, (b)
fixed periods; maximum, $18;
66 % per cent of wages, for not
minimum, $8 , or actual wages.
over 300 wxeks; maximum, $13;
Disfigurement, maximum, $3,000.
minimum, $8 , or actual wages.
♦Death, during life or until (a) Burial expenses, maximum, (a) $30 a month if single, $35 if
dependent spouse, $3 for each
$10 0 ; widovr or invalid widower,
remarriage of widow or
child, (6 ) 40 to 6 6 % per cent of
$30 a month until death or re
invalid widower. Total
wages according to number of de
marriage; §& for each child un
disability, during its
pendents, maximum $97; mini
der
16.
(
6
)
Burial
expenses,
continuance.
Tempo
mum $30, $40 if dependent spouse
maximum, $100.
rary partial disability,
or full wages, during disability,
104 weeks.
(a)
( 6) 65 per cent of w-nges for
Death, 300 weeks. Total (a) Expenses of burial, maxi
not over 500 weeks; maximum,
mum, $100; $15 to 65 per cent of
disability, 500 weeks.
$15; minimum, $7, or actual
wages
for
309
weeks;
basic
wage,
Partial disability, 300
wages; total not over $6,500.
maximum, $24; minimum, $12.
weeks.
( 6 ) Expenses of burial, maxi
mum, $150.
If temporary, benefits proportion
ate 1 0 those for total disability
for not over 2 years. Specified
permanent injuries $25 a month
for fixed periods, in addition to
temporary total; others in proport ion, but not over 96 months.
05 per ccnt of wage loss for not over
300 wrecks; maximum, $15. Speci
fied injuries, 65 per cent of wages
for fixed periods in lieu of other
payments; maximum, $15; mini
mum, $7, or actual wages. Dis
figurement, 65 per cent of wages,
not over 150 weeks.
(a) Courts. (&) By interested parties;
disputed cases settled by district
court. Appeal to supreme court.
No provision.,
Reasonable medical, surgical, and
hospital service for 10 days;
maximum, $150, unless there is a
hospital fund; special oper
ating fee of $75 in case of hernia.
Noticc in 14 days; if pre
vented, not later than 60
days. Claim in 60 days
after compensation re
fused; 1 year in case of
death.
Widow, children, and
dependent parents
only; may bo com
puted at one-half
present worth.
Notice of injury in 30 days,
death in 30 days unless
excused for cause; claim
in 1 year.
Industrial
board may extend this
period an additional year.
fa) Industrial
commissioner.
(&)
Claim submitted to employer or
commissioner after 7 days after in
jury; hearing by commissioner or
board on request; appeal to court
upon questions of law.
All employers must report all acci
dents which cause loss of time
on other than the day or shift of
occurrence or which requires
treatment beyond first-aid, to
industrial commission within 10
days; commissioner may require
any information or report.
(a) Department of labor.
(6) No provision.
Such medical, surgical, and hos
pital service as nature of injury
requires. Charges limited to
prevailing rates.
Such medical, surgical, and hos
pital service as the nature of the
injury requires.
No provision. In
cluded by adminis
tration.
Claim in 60 days; 1 year if
reasonable cause shown
(a) Workmen's compensation bureau.
(b) Bureau has full power to deter
mine all questions within its juris
diction; appeal to courts.
All employers must report all
accidents to bureau within 1
week.
(a) Workmen's compensation bureau. (6 ) No
provision.
fa) In d u s tria l com m ission .
All employers must report all acci
dents to industrial commission
within 1 week.
(a) Industrial commission.
(i>) No provision.
Ohio.
All employers must report all acci
dents to industrial commission
within 10 days or reasonable
time; commission may require
any information.
(a) No provision. (6) De
partment of labor,1 in
spectors of mines, oil,
and gas.i
Oklahoma.
All employers must report all acci
dents to industrial accident
commission at once.
(a) Industrial
accident I Oregon,
commission. (6) Bureau |
of labor statistics .1
ich medical and hospital service
as commission deems proper:
maximum $200 except in un
usual cases.
Included..
Claim for injury or death, in
2 years; for occupational
disease, 4 months.
ecessary medical, surgical, and
hospital service for 60 days;
maximum, $100 ; period and
amount may be increased at
discretion of commission; charges
limited to prevailing rates.
Special provision for hernia,
[edical, surgical and hospital
service and transportation; max
imum, $250; commission may
allow additional service.
Fatal accidents not
covered.
Notice in 30 days; claim in
1 year.
Parents, spouse, or
child only, unless
treaty to contrary.
Claim for disability in 3
months; death, 1 year.
easonable medical, surgical, and
hospital service for SO day?;
maximum, $100 , except in hos
pital cases.
Charges limited
to prevailing rates.
Two-thirds benefits;
to widows and chil
dren only.
Notice in 14 days; claim in
1 year.
Death or disability, 208
weeks.
(a) Expenses of burial, not ex
ceeding 100 pesos; 25 to CO per
cent of wages not over 208 weeks;
basic wage, maximum, 30 pesos;
minimum, 4 pesos. (6 ) Burial
expenses, maximum, 100 pesos.
(a) (6) 60 per cent of average
weekly wages, but not over 20 $
weeks; maximum, 18 pesos;
minimum, 4 pesos, or average
wage; total maximum, 3,000
50 per cent of loss of earning capac
ity from the day of disability,
maximum, 10 pesos per week;
50 per cent of earnings for sched
uled period, not to exceed 203
weeks; total maximum, 3,000
pesos; serious disfigurement com
pensated.
uch medical, surgical, and hos
pital services and supplies as
the nature of the injury may
require.
Excluded .
Death: Basic wage, maxi
mum, 30 pesos; mini
mum, 4 pesos. Total
disability: Maximum,
18 pesos; minimum, 4
pesos, or average wage.
Notice as soon as possible;
claim within 2 months;
death claim within 3
months.
(a) Compensation proportioned
to age and rate of wages; maxi
mum, $3 ,000 ; minimum, $1 ,000 .
( 6 ) 50 per cent of wages during
disability, for not over 104
weeks; maximum, $15; mini
mum, $3.
If permanent, compensation pro
portioned to degree of disability
and rate of wages in addition
to temporary total; maximan
Jecessary medical attendance
and sustenance as prescribed
by commission, including hos
pital service.
No provision------------
Temporary total disabil
ity:
Maximum, $15;
minimum, $3.
(a) Compensation proportioned
to earning capacity and proba
bilities of life; maximum, $*>,000;
minimum, $1,000. ifi) No pro
vision.
No provisi
Temporary total disabil
ity, 104 weeks.
$2,000.
(a) No provision. ( 6) Mine New Mexico.
inspector.1
Excluded-
(6) Com
m is s io n determ ines all q u estion s
w it h in its ju risd ictio n ; a p p ea l to
co u r t .
fa) Industrial commission. (b) \ oluntary agreement, after 5 days, ap
proved by commission; disputed
cases may be submitted to arbitra
tion committee, or commission may
act; appeal to courts.
(a) Industrial accident commission.
( 6) Commission settles all ques
tions; appeal to courts.
New York.
1
North Dakota,
All subscribers to State fund must (a) Workmen’s insurance Pennsylvania.
board as to subscribers
report all accidents to work
to State fund. (6) De
men’s insurance board withm
partment of labor and
7 days; commissioner of insur
industry;1 department
ance may require insurers to
of mines.1
file annual statement of loss
experience. All employers (ex
cept casual employments) must
report all accidents of 2 days
disability to department of labor
and industry within 30 days.1
(6) 1 Philippines.
All employers shall report all in (a) No provision.
(a) Bureau of labor. (&) Voluntary
Bureau of labor.*
juries resulting in absence from
agreement. At request of inter
work for 1 day or more to Bu
ested parties, bureau shall act.as
reau of Labor as soon as possible.
referee. If this fails bureau shall
submit claim to proper courts.
Parties may go directly into courts.
(a) Workmen’s compensation board.
(b) Voluntary agreement, after 10
days, approved by board; disputed cases settled b y re(er.®f*
appeal to board; cases involving
agreed facts settled by board direct,
appeal to court upon questions of
law.
(a) Industrial commission. (6) Vol
untary agreement subject to ap
proval of commission; appeal to
court to review decision or in case
of unjustifiable delay.
All employers must report all accidents to commission within 5
days.
( 0) Industrial
commis- Porto Rico,
sfon. > (6) Department
of agriculture and labor.1
46675°— 29.
(Face p. 50.)
No. 4
PRINCIPAL FEATURES OP LAWS OF THE UNITED STATES RELATIVE TO WORKMEN’ S COMPENSATION AND IN S U R A N C E -C on tin u ed
Employments covered
How election is made
Insurance
Public
Private
B y employer
B y employee
Defenses abrogated if
employer does not
elect
Suits for
after election by
both employer ana
employee
Compensation benefits
Special contracts
Injuries covered
Medical and surgical aid
Waiting time
Per cent of wages
Maximum and minimum
weekly
compensation
payments
Rhode Island.
Ch. 831. Ap
proved Apr. 29,1912. In effect
Oct. 1, 1912. Amended 1913,
1915,1917,1919, 1920,1921,1926,
1927, 1928.
Elective, as to all employments except
those having less tnan 6 employees,
farm labor, domestic service, casual
employees not in usual course of em
ployer's business, and employees
receiving over $3,000 a year. Vol
untary , ns to excepted employments
Compulsory, as to em
ployees of State.
Elective, as to em
ployees of cities and
towns, except fire
and police depart
ments.
Electing
employers
must insure in pri
vate companies or
provide self-insur
ance.
Writing filed with
co m m ission er o f
labor.
Presumed in absence
of written notice to
employer, copy to
be filed with com
missioner of labor.
Assumed risk, fellow
service, and con
tributory negligence.
Permitted if employer
fails to insure risk.
Approved schemes permit
ted if benefits equal those
of act; waivers forbidden.
Personal injuries by accident aris
ing out of and in course of em
ployment, unless due to willful
intent to injure self or another,
or intoxication.
1 week. None if dis
ability continues for
more than 4 weeks.
50 per cent.
Total disability: Maxi
mum, $16; minimum,
$7. Partial disability:
Maximum, $10; mini
mum, $4. Death: Max
imum, $14; minimum,
South Dakota. Ch. 370. A p
proved Mar. 10, 1917. In
effect June 1,1917. Amended,
each session.
Elective, as to allemployments except
farm and domestic service and em
ployees not in usual course of em
ployer’s business. Compulsory, as
to threshing grain* Voluntary, as
to excepted employments.
Compulsory, as to all
employees.
Electing employers
must insure in pri
vate companies or
provide self-insur
ance.
Presumed In absence
of written notice to
employees and filed
with commissioner.
Presumed in absence
of written notice to
employer and filed
with commissioner.
Assumed risk, fellow
service, and con
tributory negligence.
Probably permitted
if employer fails to
insure risk.
Approved s u b s t i t u t e
schemes
permitted:
waivers forbidden.
None (administrative
construction of con
flicting provisions).
Total disability, 55
per cent.
Partial
disability, 50 per
cent.
Ch. 123. Approved
Apr. 15.1919. In effect July 1,
1919. Amended, 1923, 1927.
Elective, as to all employments except
those employing less than 5 em
ployees, farm labor, domestic
service, and casual employees (not
in usual course of employer’s busi
ness). Voluntary, as to employ
ments having less than 5 employees.
Personal injuries by accident aris
ing out of and in course of em
ployment, unless due to willful
misconduct, intoxication, fail
ure to use safeguards, violation
of law, or intentionally selfinflicted.
Voluntary, as to State
, and subdivisions.
Electing
employers
must insure in pri
vate companies or
provide self-insur
ance; State fund for
coal mining.
Presumed In absence
of notice posted in
establishment and
filed with depart
ment of labor.
Presumed In absence
of notice to employer
and department of
labor.
Assumed risk, fellow
service, and con
tributory negligence.
Permitted if employer
fails to insure risk.
Waivers forbidden.
1 week. None if dis
ability continues for
6 weeks or more.
Death, 20 to 50 per
cent. Disability, 50
cent.
Texas.
Ch. 179.
Approved
Apr. 16, 1913. In effect Sept.
1, 1913. Amended, 1917, 1921,
1923,1927.
Elective, as to all employments except
those having less than 3 employees,
farm and ranch labor, domestic
service, railways used as common
carriers, and employees not in usual
course of employer’s business. Com
pulsory as to motor bus companies.
No provision..
Electing
employers
must insure in Texas
Employers' Insur
ance Association or
other private com
panies.
B y subscribing to
State association or
insuring in other
company and noti
fying employees and
industrial accident
board.
Presumed In absence
of written notice to
employer.
Assumed risk, fellow
service, and con
tributory negligence,
unless willful or due
to intoxication.
Waivers forbidden. _
Utah.
Ch. 100.
Approved
Mar. 15,1917. In effect July 1,
1917. Amended, each session.
Compulsory, as to all employments
except those having less than 3 em
ployees, farm labor, domestic serv
ice, casual employees not in usual
course of employer’s business. Vol
untary, as to excepted employments.
Compulsory, as to all
employees, includ
ing elective officials.
Permitted If employ
er's willful or gross
negligence
causes
death; damage, in
addition to com
pensation, if part
of insurance pre
mium is charged
against employees.
Permitted
if
em
ployer fails to in
sure risk, or if injury
is due to employer’s
willful misconduct.
Personal injuries by accident aris
ing out of and in course of em
ployment, unless due to willful
misconduct, intentional selfinflicted injury, intoxication, or
willful failure to use safety ap
pliances or perform statutory
duties.
Personal injuries sustained m
course of employment unless
due to willful intent to injure
self or another, intoxication,
act of God, or caused b y act of
third party for personal reasons.
Vermont. Ch. 164. Approved
Apr. 1, 1915. In effect July 1,
1915. Amended each session.
Elective, as to all employments for gain,
except those having less than 11 em
ployees. domestic service, casual
employees, those not in usual course
of employer’s business or receiving
over $2,000 a year. Voluntary, as to
other employments.
Virginia. Ch. 400. Became law
over governor's veto Mar. 21,
1918. In effect Jan. 1, 1919.
Amended each session.
Elective, as to all employments except
those employing less than 11 em
ployees, farm labor, domestic service,
steam railroads, casual employees, or
those not in usual course of em
ployer’s business. Voluntary, as to
excepted employments.
Compulsory, as to “ extrahazardous
employments, including enumerated
list. Voluntary, as to employments
not “ extrahazardous.”
Washington. Ch. 74. Approved
Mar. 14,1911. In effect Oct. 1,
1911. Amended each session.
West Virginia. Ch. 10. A p
proved Feb. 22,1913. In effect
Oct. 1, 1913. Amended 1915,
1919,1923.1925.
Elective, as to all “ regular” employ
ments except farm labor, domestic
service, and officers of corporations.
Voluntary, as to employees not
regularly employed.
* Not provided for in compensation law.
Compulsory, as to all
employees in “ extrahazardous” work in
which workmen are
employed for wages,
and salaried peace
officers. Voluntaryt
as to employments
not “ extrahazardous.”
Employers must in
sure in State fund.
Elective, as to all em
ployees except elec
tive officials.
Electing em ployers
must insure in State
fund or provide selfinsurance.
(a)
(b)
Death
Dependents
Nodependents
Total disability
(а) Permanent
(б) Temporary
1 week. None If dis
ability continues for
4 weeks or more.
) per cent.
(a) 50 per cent of wages for 300
weeks; niaximum, $14; mini
mum, $6. Expenses of last
sickness aiid burial, mfliimnm,
$200.
(a) (6) 50 per cent of wages for
not over 500 weeks; maximum,
$16; minimum, $7; total not
over $5,000.
50 per cent of wage loss for not ovej
300 weeks; maximum, $10. Speci
fied injuries, 50 per cent of wages
for fixed periods in addition to all
other compensation; maximum,
$10; minimum, $4.
Permanent
total
dis
ability: Maximum,$15;
minimum,
$7.50.
Other disability: Maxi
mum, $15; minimum,
$7.50, or actual wages.
Total disability, during
its continuance. Partial
disability, 312 weeks.
(a) 50 per ctot of wages to equal
four times annual e a r n i n g s ;
maximum, $3,000; minimum,
$1,650. (6) Burial
maximum, $150.
(a) 55 per cent of wages during
disability;
maximum,
$15,
minimum, $7.50, total not more
than death benefits, (b) 55 per
cent of wages for not over 6
years; weekly maximum, $15;
minimum, $7.50, or actual
Maximum, $16; minimum,
$5, or actual wages.
Death, 400 weeks. Per
manent total disability,
550 weeks. Others, 300
weeks.
(a) Burial expenses, minimum,
$100; 20 td SOper cent of wages
for not over 400 weeks; maxi
mum, $16; minimum, $5, or
actual wages. (6) Burial ex
penses, maximum, $100.
Maximum,
mum, $7.
mini-
Death, 360 weeks. Total
disability, 401 weeks.
Partial disability, 300
weeks.
(a) 60 per cent of wages for 360
weeks; maximum, $20; mini
mum, $7. (6) Expenses of last
sickness, find funeral benefit
of $100.
(a) 50 per cent of wages for 400
weeks; maximum, $16; mini
mum, $5, or actual wages; not
over $5 thereafter for 150 weeks;
total not over $5,000. (b) 50
per cent of wages for not over
300 weeks; maximum, $16;
minimum, $5, or actual wages.
(a) (6) 60 per cent of wages during
disability, for not over 401
weeks; maximum, $20; minimum, $7.
50 per cent of wage loss for not oven
6 years; maximum, $15. Specll
fied injuries, 55 per cent of waged
for fixed periods in addition td
temporary total; maximum, $153
minimum, $7.50, or actual wages.
Disfigurement, maximum, onefourth death benefits.
50 per cent of wage loss for not over
300 weeks; maximum, $16; mini
mum, $5, or actual wages. Speci
fied injuries, 50 per cent of wages
for fixed periods; others propor
tionate; maximum, $12; mini
mum, $5, or actual wages.
(a) Burial expenses, maximum,
$150; 60 per cent of wages for 6
years; maximum, $16; total not
over $5,000 nor less than $2,000.
(b) Burial expenses, maximum,
$150; and 20 per cent of a death
benefit to a second injury and
total dependents’ fund.
(a) Burial expenses, maximum,
$100; 15 to 45 per cent of wages
for 260 weeks; minimum basic
wage, $5; total not over $3,500.
(b) Burial expenses, maximum,
$100.
(a) 60 per cent of wages for 5 years;
thereafter, 45 per cent for life;
weekly maximum, $16; m ini,
mum, $7. (b) 60 per cent of
wages for not over 6 years;
mfl’virrpirn, $16; minimum, $7,
or actual wages; total not over
$5,000.
(a) (b) 50 per cent of wages for
260 weeks; maximum, $15; mini
mum $6, or actual wages if less
than $3; total not»over $4,000.
$20;
Approved
substitute
schemes
permitted
if
benefits equal those of
act; waivers forbidden.
Personal injuries b y accident aris
ing out of or in course of em
ployment, except those pur
posely self-inflicted.
3 days...
60 per cent.
Death: Maximum, $16.
Disability: maximum,
$16; minimum, $7, or
actual wages.
Permanent total disabil
ity, life. Others, 312
weeks; may be extend
ed from special fund,
in case of total de
pendents.
60 per cent of wage loss for not over
300 ’weeks (401 weeks if partial
follows total disability); maxi
mum, $20. Specified injuries, 60
per cent of wages for fixed periods,
in lieu of all other compensation;
proportionate for others, includ
ing disfigurement; maximum, $20;
minimum, $7.
60 per cent of wage loss for not over
6 years; maximum, $16; total not
over $5,000. Specified injuries,
60 per cent of wages for fixed
periods, in addition to temporary
total; maximum, $16. Disfigure
ment or loss of bodily function;
maximum, 200 weeks.
50 per cent of wage loss for not over
260 weeks; maximum, $10. Speci
fied injuries, 50 per cent of wages
for fixed periods, in addition to
temporary total; others propor
tionate; maximum, $15, minimum,
$6, or full wages if less. Compen
sation for disfigurement.
Presumed in absence
ofwrittenagreement
or notice to em
ployees and boards
municipalities vote.
Presumed in absence
of written agreement
or notice to em
ployer and board.
Assumed risk, fellow
service, and con
t r i b u t o r y n e g li
gence.
Not permitted.
Waivers forbidden.
Personal injuries b y accident aris
ing out of and in course of em
ployment, unless due to willful
intention to injure self or an
other, intoxication, or failure to
use safety devices.
1 week.
Death, 15 to 45 per
cent. Disability, 50
per cent.
Death: Minimum basic
wage, $5. Total dis
a b i l i t y : M a x im u m ,
$15, minimum, $6, or
actual wages if less.
Partial disability: Maxi
mum, $10.
260 weeks.
Presumed In absence
of written or printed
notice to employees
and commission.
Presumed in absence
of written notice to
employer and com
mission.
Assumed risk, fellow
service, and contrib
utory negligence.
Not permitted.
Approved schemes permit
ted. Waivers forbidden.
Personal injuries by accident aris
ing out of and in course of em
ployment, unless due to will
ful misconduct, intent to injure
self or another, intoxication, or
willful failure to use safety ap
pliances or obey safety rules.
Personal injuries resulting from a
sudden and tangible happening
of a traumatic nature, produc
ing a prompt result and occur
ring from without, unless delib
erately self-inflicted or sustained
in the commission of a crime*
10 days. None if dis
a b ility continues
more than 6 weeks.
50 per cent.
M a x im u m , $12, m in i
mum, $6.
Death, 300 weeks. Total
disability, 500 weeks.
Partial disability, 300
weeks.
(o) Burial expenses, maximum,
$100; 50 per cent of wages for 300
weeks; maximum, $12, mini
mum, $6; total not over $4,500.
(6) Burial expenses, maximum,
$150.
(a) (6) 50 per cent of wages for not
over 500 weeks; maximum, $12,
minimum, $6; total not over
$4,500.
50 per cent of wage loss for not over
300 weeks; maximum, $12. Speci
fied injuries, 50 per cent of wage3
for fixed periods; maximum, $12,
minimum, $6. Disfigurement, not
over 60 weeks.
3 days..
M o n t h ly p e n s io n ;
amounts not based
on wages.
M onthly pension: Death,
$20, permanent total dis
ability, minimum $35;
no fixed maximum.
Death, during life or until
remarriage of widow or
invalid widower. Total
disability, during its
continuance.
(a) Burial expenses, maximum,
$100jf single, $150 if married; $35
a month to widow or invalid
widower until death or remar
riage; and $12.50 for 1 child, $7.50
for next youngest, and $5 to each
other child under 16; $250 addi
tional to widow. (&) Burial ex
penses, maximum, $100.
( g) (6) $35 a month If single, $40 if
wife or invalid husband, and
$12.50 for 1 child, $7.50 for
next youngest, and $5 for each
other child under 16. If tem
porary, above schedule increased
for first 6 months in certain cases.
Proportionate amounts based upon
loss of earning capacity; maxi
mum, $3,000. Fixed sums for
certain specified injuries.
1 week-.
Death, monthly pen
sion. D is a b ility ,
66% per cent.
DisabilIty:Maximum,$16,
minimum, $8.
Death, during life or until
remarriage of widow or
invalid widower. Per
manent total disability,
life. Temporary total
disability, 78 weeks.
Permanent partial disa
bility, 340 weeks.
(a) Burial expenses, maximum,
$150; widow or invalid widower,
$30 a month until death or re
marriage; $5 additional for each
child under 16. (&) Burial ex
penses, maximum, $150.
(a) 66% per cent of wages for life;
weekly maximum, $16, mini
mum, $8. (6) 66% per cent of
wages for not over 52 weeks (78
weeks in special cases); maxi
mum, $16, minimum, $8.
If permanent, 66% per cent of wages
for fixed periods; for life if over 85
per cent of disability; weekly
maximum, $16, Tntnjmum, $8.
B y paying premiums
and posting notice.
Remaining in service
with notice of em
ployer’s election.
Assumed risk, fellow
service, con tribu
tory negligence, and
negligence of per
sons “ whose duties
are prescribed by
statute."
Suit for excess dam
ages permitted, in
addition to compen
sation, if injury re
sulted from deliber
ate intention of em
ployer. Suits per
mitted if injury sus
tained while em
ployer was in default
of premiums.
Waivers forbidden; hospital
fund may be maintained.
Suit for excess dam
ages permitted, in
addition to compen
sation if injury is
due to employer’s
intent to injure; also
permitted if em
ployer is in default
on premiums.
Benefit funds permitted
provided employees do not
contribute and benefits
equal those of act. Waiv
ers forbidden.
Personal injuries sustained in
course of and resulting from em
ployment, unless self-inflicted
or due to willful misconduct,
disobedience to rules, intoxi
cation, or failure to use safety
appliances.
Tim e for notice and claim
(а) By whom administered
(б) How claims are settled
(a) Commissioner of labor. (6) Vol
untary agreement approved by com
missioner of labor; disputed cases
settled by commissioner of labor,
but case may be heard de novo in
superior court; appeal to supreme
court upon questions of law or
equity.
(a) Industrial commissioner. (6) Vol
untary agreement approved by
commissioner; disputed cases set
tled by arbitration committee;
review by commissioner; appeal to
court upon questions of law.
Accident-prevention work
by—(a) Compensation
commission. (6) Other
agencies
State
All assenting employers (except
public utilities) must report all
injuries of 1 week’s disability to
bureau of labor within 2 weeks,
fatal within 48 hours.
(a) No commission,
(b)
Factory inspector.1
Rhode Island.
All assenting employers must re
port all accidents to industrial
commissioner within 48 hours;
supplementary report after 60
days, or upon termination of
disability.
(a) No provision. (6) In
spector of mines.!
South Dakota.
Accident reports required
Partial disability
Death, 300 weeks. Total
disability, 500 weeks.
Partial disability, 300
weeks.
$6.
Employers must in
sure in State fund oi
private companies
or provide self-insurance.
Compulsory as to State Electing e m p lo y e r s
department of high
must insure in pri
ways other than
vate companies or
office employees and
provide self-insur
elective, as to all em
ance.
ployees of towns and
certain districts ex
cept officials elected
or receiving more
than $2,000 a year.
Compulsory, as to all Electing e m p lo y e r s
employees
except
must insure in pri
administrative of
vate companies or
ficers and employees
provide self-insurelected or appointed
for definite terms.
Maximum period
Nonresident alien de
pendents
Reasonable medical and hospital
service for 8 weeks; maximum,
$150, or $200. including burial, in
fatal cases involving no depend-
N o provision.-
Notice In 30 days; claim in
1 year.
Necessary medical, surgical, and
hospital service for 12 weeks;
maximum, $200.
Excluded____
Notice In 30 days unless
excused for cause; claim
in 1 year.
Reasonable medical, surgical, and
hospital service for SO days,
longer at option of employer;
maximum, $100; charges limited
to prevailing rates.
Included..
Notice as soon as practi
cable; barred after 30 days,
unless cause shown; claim
in 1 year.
(a)
Courts. Department of labor
supervises, (b) Voluntary agree
ments approved b y court; disputed
cases settled by courts.
All employers subject to act..
(a) No provision.
(b)
Department of labor.!
Tennessee.
Reasonable medical and hospital
service for 4 weeks. Two weeks
additional In cases requiring
hospital confinement. Charges
limited to prevailing rates.
Included..
Notice in 30 days; claim in
6 months.
(a) Industrial accident board. (6)
Voluntary agreement or by board;
appeal to court.
All employers must report all acci
dents of more than 1 day’s dis
ability to board within 8 days;
supplementary report after 6
days, or upon termination of
disability.
(a) No provision.
(6)
Bureau of labor statis
tics; i mine inspector,!
Texas Employers' In
surance Association.
Texas.
Reasonable medical and hospital
service; maximum, $500; more
if found necessary; hospital
benefit fund permitted in lieu
of above.
One-half benefits ex
cept to residents of
Canada.
Notice in 48 hours, or pen
alty; barred after 1 year;
death claims barred after
lyear.
(fl) Industrial commission. (6) Com
mission has full power to determine
all questions relating to compensa
tion; limited appeal to court.
All employers must report all
accidents to commission within
1 week.
(a) Industrial commission,
(ft) No provision.
Utah.
Reasonable medical and surgical
service for 14 days, maximum,
$50. Hospital services for first
30 d ays, m a x im u m , $150.
Charges limited to prevailing
rates.
No provision..
Notice as soon as practicable;
claim in 6 months.
(a) Commissioner of industries, (b)
Voluntary agreement approved by
commissioner; disputed cases settled
b y commissioner; appeal to courts.
All assenting employers must re (0) Commissioner of in
port all injuries of 1 day’s dis
dustries. (6) No provi
ability or requiring medical at
sion.
tendance to commissioner with
in 72 hours; supplementary re
port after each 60 days or ter
mination of disability.
Vermont.
Necessary medical, surgical, and
hospital service for 60 days,
longer at option of employers,
employee must accept unless
otherwise ordered b y commis
sion; charges limited to prevail
ing rates.
Necessary medical, surgical, and
hospital service and transporta
tion. Employees bear one-half
cost.
$1,000 Tnsvrimnm ex
cept to residents of
Canada.
Notice In 30 days; claim in
1 year.
(a) Industrial commission. (6) Vol
untary agreement after 10 days ap
proved by commission; disputed
cases settled by commission or
member thereof; review by full com
mission; appeal to courts.
All employers must report all in
juries to commission within 10
days; supplementary report
after 60 days or upon termina
tion of disability.
(a) N o provision, (b) Bu
reau of labor and indus
trial statistics.i
Virginia.
One-half benefits; to
parents only, unless
treaty to contrary;
nothing if law of
nation excludes citizens of U n i t e d
States. Nothing to
dependent residing
in •country with
which United States
does not maintain
diplomatic relations.
W idow, invalid wid
ower, and children
only.
Claim in 1 year—
(a) Division of industrial insurance.
(6) All questions relating to compen
sation determined by division; re
hearing before joint board, appeal
to courts.
All employers must report all acci
dents to division of industrial
insurance at once.
(a) No provision; (6) D ivi
sion of safety; 1 State
mining board.*
Washington.
Claim in 6 months; proof of
dependency In 9 months.
(a) Compensation commissioner. (6)
Commissioner has full power to de
termine all questions relating to
compensation; appeal to courts.
All employers must report any in
formation required by compen
sation commissioner for purpose
of act upon request.
(a) Commissioner may re
quire employees
to
adopt and post safety
rules, (b) Bureau of La
bor; 1 Department of
nines.*
West Virginia.
Reasonable medical, surgical, and
hospital treatment; maximum,
$800; in permanent disability
cases where disability can be
materially reduced,
special
treatment up to $600.
46675*—29.
(Face p. 50.)
No. 5
PRINCIPAL FEATURES OF LAWS OF THE UNITED STATES RELATIVE TO WORKMEN’ S COMPENSATION AND INSURANCE—Continued
How election is made
Employments covered
Private
Public
Wisconsin. Ch. 60. Approved
M ay 3, 1911. In effect same
date. Amended each session.
Elective, as to all employments except
those having less than 3 employees,4
farm labor, and employees not in
usual course of employer's business.
Voluntary (joint election), as to
steam railroads.
Compulsory, as to all
employees except of
ficials.
E le ctin g employers
must insure in pri
vate companies or
provide self-insur
ance.
Wyoming. Oh. 124. Approved
Feb. 27,1915. In effect Apr. 1,
1915. Amended 1917,1919,1925,
1927.
Compulsory, as to “ extrahazardous
employments enumerated conducted
for gain, except casual employees not
In usual course of employer's busi
ness, clerical employees not subject
to hazard of employment, and offi
cials.
Compulsory, as to all
employees in “ extrahazardous" work in
which workmen are
employed for wages
un less o th e rw ise
provided for.
Employers must in
sure in State fund.
United States. Civil employees.
35 Stat. 556. Approved M ay
30,1908. In effect Aug. 1,1908.
Amended 1911-12. New act,
N o. 267, approved Sept. 7,1916.
In effect same date. Amended
1919,1922, 1924, 1926,1927.
Compulsory, as to all employees of
Panama Railroad,
Compulsory, as to all
civil employees of
the United States
and of the Govern
ment of the District
of Columbia, except
police and firemen
havi ng pensi on
funds.
United States. Longshoremen.
44 Stat. 1424. Approved Mar.
4, 1927. In effect July 1, 1927.
Amended 1928, 45 Stat. 490.
Compulsory. A ny employer whose
employees are employed in maritime
employment, in whole or in part,
upon the navigable waters of the
United States, except members of
crews, certain workmen on small
vessels, and employees of United
States, State, or foreign govern
ment.
B y employer
B y employee
Presumed as to em
ployers of 3 or more
persons in absence
of notice filed with
commission.
Presumed in absence
of written notice to
employer, if em
ployer elects.
Assumod risk, fellow
service, and contrib
utory negligence un
less willful.
Insurance
State
Employers must insure
in approved compa
ny or give proof of
financial ability to
pay.
Compensation benefits
Defenses abrogated if
employer does not
elect
Suits for
after election by
both employer and
employee
Not permitted.
Insurance or other schemes
may provide added bene
fits. Waivers forbidden.
Personal Injuries growing out of
and incidental to employment,
unless intentionally self-inflicted.
Occupational diseases included.
1 week. None if dis
ability continues for
more than 3 weeks.
Permitted if employer
does not contribute
to State fund.*
Waivers forbidden. No re
duction of liability al
lowed.
Injuries sustained as a result of
employment, unless due to cul
pable negligence of employee or
willful act of a third party.
Government can not
be sued.
No provision_______ ____ _
Permitted on failure
to secure compensa
tion.
Waivers forbidden.,
1Not provided for Incompensationlaw.
Special contracts
Injuries covered
Waiting time
All employers of 3 or more persons
and every employer subject to
workmen's compensation act
shall keep record and send re
ports to commission as it may
by general order require.
(a) Industrial commission.
(6) No provision.
Wisconsin.
(a) Burial expenses, maximum,
$200; 65 per cent of wages to
equal 4 years' earnings, but not
to exceed a total disability
benefit; maximum annual earn
ings, $1,500, minimum, $525.
(6) Burial expenses, maximum,
$200, and 4 years' earnings, maxi
mum, $1,600, to special depend
ency fund.
(a) 65 per cent of wages for 280 to
1,000 weeks, depending on age of
employee. Maximum, $19.50,
minimum, $6.83. (6) 65 per
cent of wages during disability;
maximum, 4 years' earnings.
Maximum annual earnings,
$1,500, minimum, $525.
No provision..
(a) Burial expenses, maximum,
$150, sum of $2,000 payable $45
per month, also $120 a year for
each boy under 16, or girl under
18; total not over $3,600. (6) Bur
ial expenses, maximum, $150.
(a) Sum of $4,000 payable $50 a
month if married plus $120 a
year for each boy under 16 or
girl under 18; total not over
$S,000. (i>) $50 a month if single,
$G0 if married; $7.50 a month for
each boy under 16 and girl
under 18; maximum, $90; total
not over $8,000.
(a) (b) 66% per cent of wages dur 66% per cent of wage loss during
ing disability; monthly maxi
disability; monthly maximum,
mum, $116.66; minimum, $58.33,
$116.66.
or actual wages if less than $58.33.
In nonfatal cases, medical and hos
pital service; maximum, $300,
unless there is a hospital fund.
One-third benefits; to
parents, widow, and
children only.
Claim in 3 months, but if
notice was given within 20
days, claim may be made
within 9 months.
(a) Courts; fund supervised by State
treasurer. (6) Claims and disputed
cases settled by district courts of
county; appeal to supreme court.
All employers engaged in extrahazardous employments must
report all accidents to district
court within 20 days.
(a) No commission. (6)
Inspector of mines.1
Wyoming.
Reasonable medical, surgical, and
hospital service, and transpor
tation if necessary, for a reason
able period unless employee re
fuses.
Included....................... Notice in 48 hours, 1 year
for reasonable cause; claim
for disability in 60 days,
1 year for reasonable cause;
death, 1 year.
(a) United States Employees' Com
pensation Commission. (6) Com
mission decides all questions arising
under act.
Immediate superiors must report
such information as required by
commission immediately; sup
plementary reports as required
b y commission.
(a) No provision. (6) Bu
reau of M ines;1 Bureau
of Standards;1 Inter
state Commerce Com
mission.1
United States.
Civi l e m
ployees.
(a) (6) 66% per cent of wages dur
ing disability, maximum, $25,
minimum, $8 or full wages.
Total not over $7,500,
Such medical, surgical, and hos
pital service as nature of injury
requires. Charges limited to
prevailing rates.
Widow, children, and
dependent parents
only. M ay be com
muted at one-half
present worth.
Notice of injury In 30 days,
death in 30 days unless
excused for cause, claim in
one year.
(a) United States Employees* Com
pensation Commission, (b) Claim
submitted to compensation commis
sioner after the first 7 days following
Injury; hearing b y commissioner or
board on request; appeal to court
upon questions of law.
All employers must report all ac
cidents to industrial commission
within 10 days; commissioner
may require any information.
(a) United States Em
ployees’ Compensation
Commission.
(b) No
provision.
United States.
L on g sh ore
men.
7 days. None if disa Amounts not based
bility continues for
on wages.
more than 21 days.
Temporary total disabil
ity: M onthly pension,
$50 to $90. Fixed lump
sums in other cases.
Personal injuries sustained while
in performance of duty unless
due to willful misconduct, in
tention to injure self or another,
or intoxication, including any
disease proximately caused b y
the employment.
3
D e a t h : B a s i c w a g e , Death, during life or until
remarriage of widow or
m o n t h l y maximum,
$175; minimum, $87.50.
widower; other depend
ents, 416 weeks. Disa
Total d i s a b i l i t y :
bility, during its con
M onthly
maximum,
tinuance.
$116.66, minimum, $58.33
or actual wages if less
than $58.33. Partial dis
ability: M onthly maxi
mum, $116.66.
Accidental injury arising out of
and in the course of employment
unless due to willful acts and
intoxication. Also occupational
1 week. None if disa Death, 15 to 66% per
bility continues for
cent. D i s a b i l i t y
more than 7 weeks.
66% per cent.
Death: Basic wage, maxi
mum, $37.50; minimum,
$12. Disability: Week
ly maximum, $25; mini
mum, $8 or actual wages.
(a) Industrial commission. (6) Vol
untary agreement approved by com
mission; disputed cases settled by
commission; appeal to courts.
Included-____ - ______
Permanent total disability,
1,000 weeks.
Maximum, $19.50, mini
mum, $6.83,
days. Compensa Death, 10 to 66% per
tion begins on fourth
cent.
Disability
day after disability
66% per cent.
or exhaustion of sick
and annual leave.
Notice in 30 days; claim in
2 years.
Reasonable medical, surgical, and
hospital treatment for 90 days;
longer if disability period can be
decreased; also necessary arti
ficial members. C h r i s t i a n
Science treatment permitted
unless employer refuses b y filing
written notice.
State
Total disability
(а) Permanent
(б) Temporary
Maximum period
65 per cent.
Accident reports required
Time for notice and claim
Death
Dependents
(6) No dependents
Maximum and minimum
weekly
compensation
payments
Per cent of wages
Accident-prevention work
by—(a) Compensation
commission. (6) Other
agencies
(a) B y whom administered
lb) How claims are settled
Nonresident alien de
pendents
Medical and surgical aid
Death, during life or re
marriage.
Permanent
total disability for life.
Other injuries during
disability but limited to
$7,500.
$
(a) Burial expenses, maximum,
$200 and transportation; 35 per
cent of wages to widow or de
pendent widower until death or
remarriage and 10 per cent for
each child under 18, not over
66% per cent in all; other de
pendents, 10 to 40 per cent for
not over 8 years; basic wage,
maximum, $100 a month; mini
mum, $50. (6) Burial expenses,
maximum, $200 and transporta
tion.
(a) Burial expenses, maximum,
$200, widow or dependent wid
ower 35 per cent of wages until
death or remarriage; 10 per cent
additional for each child. Total
not over 66% per cent, maximum
basic wage $37.50; minimum,
$12. (6) Burial expenses, maxi
mum, $200 and $1,000 to special
fund.
Partial disability
Specified major injuries, fixed per
centages of total disability, speci
fied lesser injuries, 65 per cent of
wages for fixed periods, subject to
extension; others proportionate,
based on SO per cent of schedule,
all in addition to temporary total
Disfigurement, not to exceed one
year's earnings. On loss of a
major member, $75 must be paid
into second injury fund.
Fixed lump sums for specified in
juries, in addition to temporary
total; others in proportion; but
payable $50 a month if unmarried,
$60 if married; maximum, $1,500.
66% per cent of wage loss during
disability,
maximum,
$7,500.
Specified injuries, 66% per cent of
wages for fixed periods, plus fixed
periods, plus fixed healing time,
in certain cases. Maximum, $25,
minimum, $8 or actual wages.
Disfigurement compensated.
« But employers having less than 3 employees lose defense of assumed risk if they do not elect.
PART V
TEXT OF WORKMEN’S COMPENSATION LEGISLATION
OF THE UNITED STATES, 1927 AND 1928
[The text of the laws has been punctuated in accordance with the rules for
punctuation laid down by the Government Printing Office for Government pub
lications, and does not follow, in all cases, the official State editions.]
51
TEXT OF THE LAWS
ALASKA
[The compensation law of Alaska was reenacted, with several changes, by
chapter 77, Acts of 1927. The law is reproduced in its entirety, except for
several sections pertaining to forms and procedure which have been abridged.]
ACTS OF 1927
C hapter
77.— Compensation of employees for mjuries
Section 1. Scope; benefits.— Any person, or persons, partnership, joint-stock
company, association, or corporation employing five or more employees in con
nection with any business, occupation, work, employment, or industry carried
on in this Territory, except domestic service, agriculture, dairying, or the opera
tion of railroads as common carriers 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 em
ployees 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 of his or
her death, if death results from such injury, such beneficiaries, shall be entitled,
and for which such employer shall be legally liable, shall be as follows:
(1) In the event of the death of any such employee resulting from such
injury, where such employee at the time of his death was married, his widow
shall be entitled to receive the sum of $4,500.
(2) In those cases where such married employee had children under the age
of 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 $900 for each child under the
age of 16 years, or child wholly dependent upon his or her parents for support
by reason of mental or physical incompetency, or unborn or posthumous child,
winch such employee left at the time of his decease, but not to exceed in all
the sum of $9,000.
(3) 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 $900 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 $9,000 and the payments to which the
widow and children may be entitled shall be first paid out of said sum of $9,000.
(4) In those cases where such deceased employee was unmarried 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 dependent upon him or her for support, such
father or mother shall be paid the sum of $1,800.
(5) 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 $1,800 each.
53
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PART V. TEXT OE LAW S, UNITED STATES, 1 9 2 7 - 2 8
(6) In those 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 $4,500, and the further sum of $900 for each orphan child under
the age of 10 years, provided the total amount paid shall not exceed $9,000,
and the judge of the probate court of the precinct wherein such accident or
injury occurred shall appoint a guardian for all of said children, who shall be
entitled to, and w7ho shall be paid, the amount specified in this paragraph, for
the benefit of said orphan children, and shall divide $4,500 thereof equally
among such children and divide the surplus, if any, among the children under
16 years of age.
(7) Provided, however, That If such beneficiary or beneficiaries as described
in subdivisions 1 to 6, inclusive, immediately preceding this section be neither,
resident nor a citizen of the United States of America, then the amount due
and payable to such beneficiary or beneficiaries shall be in amounts as follows:
(a) As to all beneficiaries, except a wife or minor children, 50 per centum of
the sums set forth in subdivisions 1 to 6 immediately preceding.
(b) As to a wife or minor children, 60 per centum of the sums set forth in
subdivisions 1 to 6 immediately preceding.
Such amounts shall be in full settlement of all claims under this act.
(8) In those cases where such deceased employee is, at the time of hi^ 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 $195, and such other
expenses, if any, arising after the injury and before the death, not to exceed
the further sum of $195.
Where any such employee receiving an injury arising out of and in the course
of his or her employment as the result of which he or she is totally and perma
nently 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 $7,200, w7ith $900 additional for each child udder the age
of 16 years, but the total to be pa'd shall not exceed $9,000.
(b) If such employee at the time of his injury had no wife or children,
but had a mother or father dependent upon him, $6,300.
(c) In case where such employee who at the time of his injury had both
father and mother dependent upon him, $7,200.
(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 $5,400, with an additional sum of $900 for each child below the age of 16
years: Provided, That the total sum to be paid such employee shall not in any
case exceed the sum of $9,000.
( 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 $5,400.
Where any such employees received an injury arising out of or in 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 wras at the time of the injury unmarried, $720.
( b) In case the employee was married but had no children, $900.
(c) In case the employee wTas either married or a widower, but had one or
more children, $1,080.
For the loss of an index finger:
(a) In case the employee was at the time of the injury unmarried, $450'.
(?>) In case the employee wTas married, but had no children, $585.
(c) In case the employee was either married or a widower, but had one or
more children $720.
For the loss of other finger than the index finger and thumb, $270.
For the loss of a great toe, $450.
For the loss of any other toes than the great toe, $180.
For the loss of a hand:
(a) In case the employee was at the time of the injury unmarried, $2,160.
(b) In case the employee was married, but had no children, $2,880.
(c) In case the employee was either married or a widower and had one child,
$2,880, and $360 additional for each of said children, not to exceed, however, the
tetal sum of $3,600.
TEXT OF LAW S---- ALASKA
55
For the loss of an arm :
{a) In case that the employee was at the time of the injury unmarried, $2,700.
(&) In case the employee was married, but had no children, $3,600.
(c) In case the employee was either married or a widower and had one child,
$3,600, and $450 additional for each additional child, the total amount not to
exceed, however, $4,500.
For the loss of a foot:
(a) In case that the employee w7as at the time of the injury unmarried, $2,160.
(&) In case the employee was married, but had no children, $2,700.
(c) In case the employee was either married or a widower and had one child,
$2,880, and $360 additional for each additional child, but not to exceed the
total sum of $3,600.
For the loss of a leg:
(a) In case the employee wTas at the time of the injury unmarried, $2,700.
(h) In case the employee was married, but had no children, $3,600.
(c) In case the employee was either married or a widower and had but one
child, $3,600 with $450 for each additional child, not to exceed the total sum of
$4,500.
For the loss of an eye:
(a) In case the employee was at the time of the injury unmarried, $2,160.
(&) In case the employee was married but had no chilren, $2,880.
(c)
In case the employee was either married or a widower and had one
child, $2,880 plus $360 for each additional child, not to exceed, however, the total
sum of $3,600.
For the loss of an ear: $360.
For the loss of the nose: $720.
For all other injuries causing temporary disability, the employer shall pay
to the employee, during the period of such disability, 65 per centum of his
daily average wages. And in all cases where the injury develops or proves to
be such as to entitle the employee to compensation under some provision in
this schedule, relating to cases other than temporary disability, and the em
ployee 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 com
pensated according to the provisions 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 in the course
of employment, as a result of which he or she is 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 employee would have had had he or she not been in
jured, the amount to be paid in no case to exceed $7,200.
To illustrate: If said employee were of a class that w^ould entitle him or
her to $7,200 under this schedule, if he or she w7ere totally and permanently
disabled, and his or her injury would be such as to reduce his or her earning
capacity 25 per centum, he or she would be entitled to receive $1,800, it being
the amount that bears the same relation to $7,200 that 25 per centum does to
100 per centum. Should such employee receive an injury that would impair
his or her earning capacity 75 per centum, he or she would be entitled to receive
$5,400, it being the amount that bears the same relation to $7,200 that 75 per
centum does to 100 per centum.
Sec. 2. Medical, etc., aid.— And in addition to the compensation for injured
employees in this act otherwise provided, the employer shall furnish to and
for each injured employee such reasonably necessary medical, surgical, and
hospital treatment, including necessary transportation to and from hospitals,
as may be required by reason of the injury, for a period not exceeding one
year from and after the date of injury to any such employee; and the employer,
in order to create a fund out of wiiich the expenses of such treatment may
58
PART V. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
be paid, may charge against and deduct from the wages of each employee
as and when the same are paid, the sum of not to exceed $2.50 per month: Pro\vided, That not more than one-half of the monthly rate may be deducted unless
the employee be employed for more than 15 days the money so deducted and
withheld by the employer shall be kept by him in a separate fund and used
only to cover the services and treatment in this section provided, and if the
fund so created be insufficient, such deficiency as may reasonably arise, shall
be paid by the employer without any charge therefor against the injured
employee or any other of the employees; and the employer shall have the
exclusive right, and it shall be his duty, to select and furnish the necessary
physicians, surgeons, and hospitals, and to that end he may enter into all
necessary contracts with such physicians, surgeons, and hospitals for the fur
nishing of such services and treatments. Nothing contained in this section
shall be construed to limit the right of the employee to provide in any case,
at his own expense, a consulting physician or any attending physicians whom
lie may desire. The fund hereby created by deductions herein allowed to be
made by the employer from the wages of employees shall be and the same
is hereby made a trust fund which can be used only for the purposes herein
set out. Whenever any employer shall cease his business or operations and
go out of the business in which such employer has been theretofore engaged,
any part of the fund created by this section and remaining in the p o s s e s s io n
of such employer shall, by the employer, be paid to the Territorial treasurer
and by him covered into general Territorial funds.
Sec. 3. Interest rate.— All compensation allowed under this act shall bear
interest from and after the period of six months after the date of the injury
by which the claim for compensation arose at the rate of 8 per centum per
annum until paid.
Sec. 4. Right to higher award.— If an injured employee entitled to compen
sation hereunder shall be paid compensation under any subdivision or part
of this 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 deducting the amount that has already been paid him or h er:
Provided, however, That no compensation under such increased rate shall be
paid unless the disability entitling the employee thereto shall develop within
two years after the injury.
Sec, 5. Right of lien.— Every employee and every beneficiary entitled to- com
pensation under the provisions of this act shall have a lien for the full amount
of such compensation, including costs and disbursements of suit and attorneys’
fees therein allowed or fixed, upon all of the property in connection with the
construction, preservation, maintenance, or operation of which the work of such
injured or deceased employee was being performed at the time of the injury
or death of such employee. For example, in the case of any employee injured
or killed while engaged in mining or in any work connected with mining, the
lien shall extend to the entire mine and all property used in connection there
with; and in the case of an employee injured or killed while engaged in fishing
or in the packing, canning, or salting of fish, or other branch of the fish industry,
the lien shall extend to the entire packing, fishing, salting, or canning plant or
establishment and all property used in connection therewith; and the same
shall be the case with all other businesses, industries, works, occupations, and
employments. The lien herein provided for shall be prior and paramount and
superior to any other lien on the property affected thereby, except liens for wages
or materials as is now or may hereafter be provided by law, and shall [be]
of equal rank with all such liens for wages or materials. The lien hereby pro
vided for shall extend to and cover all right, title, interest, and claim of the
employer of in and to the property affected by such lien, and also all right, title,
interest, claim, or lien of any other person in or to such property, unless such
person, who is not the employer of the employee so injured or killed, but who
claims some right, title, or interest in or to or lien upon such property, shall at
least 10 days prior to the injury out of which the claim for compensation arises,
have posted and used reasonable diligence to keep posted in at least; three con
spicuous places on the property subject to such, lien, a notice that the right,
title, claim, interest, or1lien of such person in or to such property shall not be
subject or subordinate to the lien of any claim for compensation by this act
provided: Provided, howew&r, That nothing herein contained shall be deemed
to affect the obligation of any valid contract existing on or before August 8,
1927, Any person claiming a lien under this act shall, within four months after
TEXT O F LAW S---- ALASKA
57
the date of the injury from which the claim of compensation arises, file for
record in the office of the recorder of the precinct in which the property affected
by such lien is situated a notice of lien, signed and verified by the claimant or
some one on his or her behalf, and stating in substance the name of the person
injured or killed out of which injury or death the claim of compensation
arises, the name of the employer of such injured or deceased person at the time
of such injury or death, a description of the property affected or covered by the
lien so claimed, and the name of the owner or reputed owner of such property.
The lien for compensation herein provided may be enforced by a suit in
equity as in the case of the enforcement of other liens upon real or personal
property at any time within 10 months after the cause of action shall arise.
Nothing in this section contained shall be deemed to prevent an attachment of
property as security for the payment of any compensation as in this act provided.
A suit or action for the lien for compensation herein provided may be joined
with an action for compensation otherwise provided under the terms of this
act in the same declaration or complaint.
Seo. 6. Compromise claim.— At any time subsequent to the injury, the em
ployer and the employee shall have the right to compromise and settle any
claim for injury hereunder in accordance with schedule hereof, and the employee
shall have the right to give full satisfaction and acquittance therefor and
thereby discharge the employer from further liability, and such satisfaction and
acquittance shall be binding upon the said employer, employee, beneficiaries
under this act, and all other persons whomsoever.
Sec. 7. Willful intention.— No compensation shall be allowed or paid for the
injury or death of 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.
Seo. 8. Waiting time.— No compensation shall be paid under this* act for
an injury which does not incapacitate the employee for a period of at least one
week from earning full w^ages, but if incapacity extends beyond the period of
one week, compensation shall begin on the eighth day after the injury: Pro
vided, however, That if such disability continues for eight weeks or longer,
such compensation shall be computed from the date of the injury.
Sec. 9. Contractors.— Any person rendering service for another, other than
as an independent contractor, or as expressly excluded herein, is presumed to
be an employee within the meaning of this act. The term “ independent con
tractor ” shall be taken to mean, for the purposes of this act, any person who
renders service, other than manual labor, for a specified recompense for a
specified result, under the control of his principal as to the result of his work
only and not as to the means by which such result is accomplished.
Workmen associating themselves under a partnership agreement, the principal
purpose of which is the performance of the labor on a particular piece of work,
shall be deemed employees of the person having such work executed, and, in
the event the average weekly earnings are not otherwise ascertainable, shall be
deemed to be employed at an average weekly wage of $25.
Seo. 10. Remedy exclusive.— The right to compensation for an injury and
the remedy therefor granted by this act shall be in lieu of 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 of kin of such
employee.
Seo.. 11. Step-parents, etc.— Step-parents shall be regarded in this act as
parents; and an adopted child, or adopted children, or a stepchild, or children,
shall be regarded in this act as issue of the body.
Sec. 12. Statement of beneficiaries — (a) Every employer coming within the
provisions of this act shall require of every employee who shall execute the
same, either at the time he or she is employed or thereafter, a written state
ment 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,
58
PART V. TEXT OP LAW S, UNITED STATES, 1 9 2 7 - 2 8
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 subscribe such statement as a witness. In all cases the employee
shall be furnished a duplicate of the said statement.
(&) In all cases where there shall be a change of beneficiaries, or a change
in the address of any beneficiary, the employee may furnish the employer with
a new statement showing such change, such new statement to be so* furnished
shall in all respects conform and comply with the provisions hereof with
reference to the original statement to be furnished.
(c) In all cases where such statement or statements is or are furnished 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 fa ct; such notice shall be
given by sending each beneficiary at the address given in the last statement
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 deposited in the post office and registered within
10 days after such employee shall have become deceased.
(d) [Form of notice to be given is set forth here.]
(e ) Any failure on the part of the employee to supply the employer with a
statement as hereinabove provided shall not work a forfeiture of the right of
his or her beneficiaries to benefits hereunder.
(f) In cases where the employer shall have been furnished with such state
ments and shall fail to notify the beneficiaries therein named as shown by the
late 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 claims to benefits and file claims and prosecute actions or
other proceedings for the recovery thereof, notwithstanding the fact that such
notice w7as not served as, hereinafter provided w7ithin the period of 120' days
from and after the time that the employee became deceased.
(g) Upon the trial of any issue relating to a beneficiary's right to compensa
tion under this act, any statement furnished an employer, as hereinabove pro
vided, may be offered in evidence by such employer and when so offered shall
be received in evidence and shall be held to establish conclusively the facts
therein set forth and shall be prima facie evidence that there are no other
beneficiaries.
(h) In all cases where any person claims to be a beneficiary under this act
entitled to compensation because of an injury to an employee coming w7ithin
its provisions, which resulted in his or her death, such beneficiary or some one
in his or her behalf shall within 120 days from and after the death 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 rela
tionship existing between such beneficiary and the deceased, and if such bene
ficiary 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 per
son or by leaving a copy thereof at the employer’s principal place of business
within the Territory of Alaska with some person over the age of 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 beneficiary
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 compensation arose, occurred. Failure to serve such
notice shall not be a bar to recovery of compensation by beneficiary unless it
be proven that the employer at no time prior to the expiration of the 120 days
herein mentioned had any information about the injury of the employee for
which the compensation is claimed, or, having such information, had, subsequent
to the expiration of said 120 days, in good faith paid the compensation herein
provided for to another person who claimed to be the beneficiary and whom
the employer, at the time of making such payment, believed in good faith to
be the beneficiary entitled to the compensation.
Seo. 13. jDeposits for claims.— In case one or more beneficiaries serve notice
upon an employer as above provided, of his, her, or their claims to compensa
TEXT OF LAWS---- ALASKA
59
tion under this act, such employer may at any time during* the 10 days next
following the period of 120 days during which such notices could be served,
deposit $9,000 with the clerk of the district court for the division within which
such employee was injured; or such employer may deposit with such clerk of
the court a bond in the sum of $9,000, 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, 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 120 days and said period of 10 days.
Secs. 14-18. Procedure.— [All claimants are to be notified of deposits by the
employer under provisions above, and any prior action by claimant then
abates, and proceedings follow the course prescribed; but if such claimants
are found entitled to compensation, costs are awarded.
Notice of deposit of
the money or bond must be advertised once a week for four consecutive weeks
in a local newspaper, and a time stated within which claims are to be pre
sented. Bond or sum of $9,000 must be deposited. Claimants file their
claims in the district court, and a copy is served on the employer. Answer
must be filed within 20 days. Hearings are to be had within 30 days from
the date set for the filing of the claims, with a jury if demanded. If not,
trial is before the judge of the court as in other cases; the order of proof
shall rest in the discretion of the court, but such discretion shall be so ex
ercised as to give all parties a full, fair, and complete hearing. Findings
of fact are to be filed, whether trial is wTith or without a jury, and judgment
is to be entered in accordance therewith.]
Secs. 19-21. Awards.— [If no claim is filed or the claimants fail to prove
a right to an award, the sum deposited by the employer is to be returned,
less costs. Where a judgment is entered against an employer in favor of
claimants, and the sum of $9,000 was deposited, those claimants adjudged to
be entitled shall be paid out of the sum without costs and interest. If any
part is undistributed it is to be returned to the employer, less costs.]
Seo. 22. Appeals.— One or more claimants may take an appeal from any
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 8 per centum on the amount of his claim calculated
from the date of the judgment and shall also be entitled to costs on appeal.
Sec. 23. Actions.— Whenever two or more persons claiming to be beneficiaries
of any deceased employee, whose beneficiaries are entitled to compensation
under the provisions of this act, bring separate actions to recover such com
pensation, such actions shall be consolidated and tried as one action upon the
application of any party to either or any of such action.
Section 24. Actions.— Actions for the recover[y] of compensation due under
this act may be brought, maintained, and determined in and by the courts of this
Territory, and when so brought shall be governed by the law of procedure
applicable to other actions for the recovery of money except as herein otherwise
expressly provided.
Seo. 25. Actions.— 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 compensation arises, except in cases
where service can not be had on the employer in the judicial division where
the injury occurred. No action for the recovery of compensation hereunder
shall in any case be brought in any court outside of the Territory of Alaska,
except in cases where it is not possible to obtain service of summons upon the
defendant in said Territory, and in all such cases the plaintiff must plead and
46675°—29------ 5
60
PART Y . TEXT OP LAW S, UNITED STATES. 1 9 2 7 - 2 8
prove his inability to obtain service of summons upon the defendant within the
Territory of Alaska.
Sec. 26. Actions.— {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 affidavit 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 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.
(&) Upon filing such affidavit in actions pending as aforesaid with the clerk
of the court, or the commissioner in actions pending in the court of such com
missioner, the plaintiff shall be entitled 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 conditioned1that
the defendant will pay any judgment that may be awarded against such de
fendant in the action. No writ of attachment shall issue after such under
taking has been filed by the defendant, and if such undertaking 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 attachment shall be dissolved and set aside and the property attached
returned to the defendant.
Sec. 27. Medical examinations— The employee shall, after an injury, at
reasonable times 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 or State in which such employee may be found, furnished and paid
for by the employer. The employee shall have the right to have a physician,
provided and paid 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 provided for in this act, or in any way
obstructs any such examination or examinations, his or her rights to com
pensation 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.
Sec. 28. Waivers.— No agreement by an employee to waive his or her rights
to compensation under this act shall be valid, except as herein elsewhere pro
vided. 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 of this act, by any contract, agreement, rule, regulation, or device;
and any such contract, agreement, rule, regulation, or device shall be absolutely
void.
Sec. 29. Limitations.— Any and all claims for compensation under this act
shall be barred unless an action for the recovery of the same shall be com
menced within twro years after the cause of action shall have accrued, or, in
the event of mental incapacity, within two years after the removal of such
mental incapacity.
Sec. 30. Liability of third parties.— Where the injury for which compensation
is payable 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 receive 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 person, firm, or
corporation so liable to pay damages as aforesaid and to the extent of such
indemnity shall be subrogated to the rights of employee to recover damages
therefor.
TEXT OF LAW S---- ALASKA
61
Seo. 31. Election presumed whenj— When five or more employees, as defined
in this act, are employed in the same general employment in connection, with
any business or industry 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 other
wise provided.
Seo. 32. Rejection by employer.— If such employer exercise the right to reject
the terms, conditions, and provisions of this act 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 to or incidental to or arising
out of his or her employment, or the risks arising from the failure of the em
ployer to provide and maintain a reasonably safe place to work, or the risks
arising from the failure of the employer to furnish reasonably safe tools or
appliances, or because the employer exercises reasonable care in selecting
reasonably competent employees in the business;
(2) That the injury was caused by the negligence of a coemployee;
(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 personal injury sus
tained arising out of and in the course of the employment 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.
Seo. 33. Rejection, same.— Every such employer shall be conclusively pre
sumed to have elected to pay compensation to employees for injuries sustained
arising out of and in the course of the employment 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 recording said notice with the United States
commissioner ex officio recorder in whose recording 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
ex officio recorder for each precinct in which the same are being conducted,
and the notice to reject shall be recorded by the commissioner ex officio re
corder who shall be paid a fee of $1.50 therefor, and such notice when so
recorded shall be and become a public record, and such notice shall also be
posted and kept on the premises of the employer or on the premises where the
employer’s operations are being carried on in three conspicuous places, one of
which shall be at the office of the employer, one at the mess house or boarding
house, if there be one, and the third in some conspicuous place on the premises
or works. Such recorded notice shall be substantially in the following form,
and the signature shall be witnessed by two witnesses:
[Form of employer’s notice to reject is set forth here.]
Sec. 34. Rejection, same.— 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.
Se;c. 35. Terms of contract.— Where the employer and employee have not
given notice of an election to reject the terms of this act, this act. shall consti
tute 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 compensation in the manner as by this act pro
vided for all personal injuries sustained, arising out of and in the course of the
employment.
Seo. 36. Rejection by employees.— Ail employees affected by this act shall be
conclusively 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 receipt taken
therefor.
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PART V. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
(a) 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 employment, except 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 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 failure to
exercise reasonable care to keep or maintain any safety device required by
statute, or violates 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 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 fol
lowing form.
[Form of employee's notice to reject is set forth.]
►Sec. 37. Terms of election, wamer.— Where the employer or employee has
given notice in compliance with this act electing to reject the terms thereof,
such election shall be for one year from the date o f becoming effective, and
unless renewed within 30 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 m a y be, the compensation here provided, until the con
trary is show7n by the service of notice anew, electing to reject the provisions
of this act as herein provided.
Sec. 38. Election.— Where an employer or employee rejects the terms, con
ditions, or provisions of this act, such party may at any time thereafter elect
to waive the same by giving notice in waiting 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. 39. I f both reject.— Where the employer and employee elect to reject
the terms, conditions, and provisions of this act, the liability of the employer
shall be the same as though the employee had not rejected the terms and
conditions thereof and the employer had rejected the same.
Sec. 40. Assignments, etc.— No claim for compensation due under this act
shall be assignable, and all compensation due hereunder shall be exempt from
execution.
Sec. 41. Employer; employee.— 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 employees in
connection with any business or industry coming within the scope of this
act and carried on in this Territory, and w7henever the term “ employee ” is
used in this act, reference is had to an employee employed by an employer as
above defined.
Sec. 42. Beneficiary.— The term “ beneficiary *’ as used in this act refers to
any person entitled to compensation under the provisions hereof.
Sec. 43. Gender.— The masculine gender whenever used herein shall be held
to include the feninine [feminine] and neuter.
Sec. 44. Costs.— In all suits or actions for the recovery of compensation or
to enforce any lien brought under the provisions of this act, the prevailing party
shall be entitled to and the court shall allow in addition to the other costs
and disbursements provided by statute, a reasonable attorney’s fee, the same
to be fixed by the cou rt; and such attorney’s fee shall be allowed in a sufficient
sum to reasonably cover the entire attorney's fee of the prevailing party in any
such suit or action.
Sec. 45. Title.— This act may be cited as “ The workmen’s compensation act
of Alaska.”
Sec. 46. Repeal.— All acts and parts of acts in conflict herewith are hereby
repealed to the extent of such conflict; but this repeal shall not affect any
right or claim which arose under any other act prior to the time when this
act shall go into effect.
ARIZONA
[The compensation law of this State (Acts of 1925, ch. 83) was amended by
chapter 8, Acts of 1927. The changes are indicated below.
[Section 54 was amended by chapter 8 (fourth special session) Acts of 1927,
to read as follows:]
Sec. 54. Pay rolls to be furnished.— It shall be the duty of the State auditor,
the clerk of the board of supervisors of each county, clerk of each city, town,
or municipal corporation, and the county school superintendent of each county,
to furnish the commission quarterly with a true and accurate pay roll of the
State, county, city, town, municipal corporation, and school districts in each
county, respectively, showing the total amount paid to employees subject to this
act during each month of said quarter, segregated in accordance with the re
quirements of the commission; and it shall thereupon be the duty’ of each of
said clerks, respectively, of each county, city, town, and municipal corporation,
and of each county school superintendent in the State, to prepare and submit
to the respective governing body thereof, respectively, for approval, a claim for
the amount of premiums due the commission for the benefit of the State com
pensation fund, and such premiums shall be at once paid to the commission by
the proper officer. The State auditor is hereby authorized to draw her warrant
for such premiums as may be due from the State in accordance with the terms
hereof in favor of the treasurer for the benefit of the State compensation fund
and the treasurer shall at once pay said warrant out of the general fund and the
appropriation made in section 98 of this act, until provision shall be made for
such purpose in the general appropriation bill and then out of the appropriation
for the State compensation fund authorized in the general appropriation bill and
apply the proceeds thereof to the credit of the State compensation fund. The
legislature shall make provision in the general appropriation bill for the State
of Arizona for the State compensation fund. Any official 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 punished by a
fine of not less than $50.
63
CALIFORNIA
[The compensation law of this State (acts of 1917, ch. 586) was amended by
chapters 702, 834, Acts of 1927 and by supplemental laws, chapters 440, 589, 653,
760, 761, and 762, Acts of 1927.
[Section 25 was repealed by chapter 760, Acts of 1927.
[Section 26 (as amended 1919, ch. 471), was further amended by chapter 702,
acts of 1927, by adding after the word “ pending,” in the last line the following:
“ after notice to and opportunity of all parties to the action to be heard by such
court.”
[Section 36% was added by chapter 589, acts of 1927, and reads as follows:]
The State compensation insurance fund may insure California employers
against liability for compensation under the United States longshoremen’s and
harbor workers’ compensation act and any amendments which may from time
to time be enacted thereto, as fully as any private insurance carrier.
[Section 51 was amended by chapter 761, Acts of 1927, by increasing the
annual tax to be paid by State fund from 2 per cent to 2.6 per cent of the gross
premiums.
[Section 55y2 was added by chapter 589, Acts of 1927, and reads as follows:]
The industrial accident commission is hereby authorized and empowered to
accept, in its discretion, any appointment as deputy commissioner under, or any
delegation of authority to enforce, the United States longshoremen’s and harbor
workers’ compensation act, if such appointment or authority be offered by the
United States officers or board administering such act. The commission may
enter into arrangements with the United States, subject to the approval of the
department of finance, for the payment of any expenses incurred in the per
formance of services under said act. In the performance of any duties under
said act, appointment, or authority, the commission shall be entitled, subject to
the provisions thereof, to exercise any authority conferred upon said industrial
accident commission by the laws of this State.
Chapter 834, Acts of 1927.— Industries covered— Notice of rejection
Section 1. Agricultural laborers.— Any employer and his employees engaged
in farm, dairy, agricultural, viticultural, or horticultural employments or in
stock or poultry raising, not subject to the compensation provisions of the
“ workmen’s compensation, insurance, and safety act of 1917,” as amended, shall,
from and after the date this act takes effect, be conclusively presumed to have
accepted the compensation provisions of said act and amendments thereto and
to have included in their contract of hire or apprenticeship, express or implied,
a mutual agreement to accept said provisions, unless either such employer or
employee shall, prior to the occurrence of any injury, have given notice of
rejection of said provisions of said act in the manner herein provided.
Sec. 2. Notice of rejection.— Such notice of rejection shall be given by the
employer by posting in a conspicuous place at his place of employment where
it may conveniently be seen and read by his employees one or more notices to
the effect that he rejects the provisions of said act and amendments thereof, and
filing a copy of the same with proof of posting of original, with the industrial
accident commission. Such notice of rejection shall be given by the employee by
delivering a copy to the employer personally or by registered mail and filing a
copy thereof with proof of service with the industrial accident commission.
The industrial accident commission may prescribe the form of said notices and
proofs.
Sec. 3. Effect on contracts and excluded employments.— This act shall apply
to all contracts of excluded employment, hire, or apprenticeship specified in
section 1 of this act in effect upon the effective date of this act, unless notice of
rejection shall have been given in the manner prescribed herein, prior to said
64
TEXT OF LAW S---- CALIFORNIA
65
effective date. Such notices may be given at any time after the passage of this
act.
This act shall also apply to all such excluded employments entered into after
its effective date, unless the notice of rejection be given prior to the occurrence
of the injury upon which the claim for compensation is based: Provided, That if
the required copy of such notice is not filed until after the occurrence of the
injury, such rejection shall be effective if the notice was actually posted or
given prior to the occurrence of the injury and proof thereof received in the
office of the commission for filing within 10 days after the date of such delivery
or posting.
Seo. 4. Withdrawal of notice of rejection.— Notice of rejection of the com
pensation provisions of the “ workmen’s compensation, insurance, and safety
act of 1917,” as amended, may be withdrawn at any time by the employer
and/or employee by posting or delivering notice of withdrawal in the manner
herein required for posting or delivering notices of rejection. Such notice of
withdrawal shall take effect at the time it is given, but it shall be the duty of the
party giving the notice of withdrawal to forward a copy of the same to the
industrial accident commission, whereupon, the notice of rejection shall become
inoperative, null, and void. The commission may prescribe the form of such
notice of withdrawal of rejection.
Sec. 5. Other acceptances.— Any person who, not being otherwise subject
thereto, shall have accepted or may hereafter accept the compensation pro
visions of the “ workmen’s compensation, insurance, and safety act of 1917,” as
amended, in any of the modes prescribed by section 70 thereof, shall be bound
thereby the same as if this act had not been passed.
Supplemental A cts
[Chapter 440, Acts of 1927, amends several sections of the State political code.
The division of workmen’s compensation insurance and safety of the depart
ment of labor and industrial relations is superseded by the division of indus
trial accidents and safety of the department of industrial relations.
[Chapter 316, Acts of 1923, was amended by chapter 653, Acts of 1927, by add
ing two new sections, 9 and 10', providing that convicts working on the State
roads are expressly excluded from the compensation act.
[Section 11, chapter 176, Acts of 1913, was amended by chapter 762, Acts of
1927, by abolishing the accident-prevention fund, and certain fees and pay
ments paid into that fund shall now he paid into the general fund,]
COLORADO
[The compensation law of this State (Acts of 1919, eh. 210) was amended by
chapters 197, 198, and 199, acts of 1927. The changes are indicated below.
[Section 9 was amended by chapter 197, section 2, Acts of 1927, by adding
after the words “ State of Colorado,” in line 10, the words “ and all members
of the volunteer fire departments of any city or town.” And also in line 12
after the word “ firemen ” add the words “ who are regularly employed.”
[Section 17 (as amended 1923, ch. 201) was further amended by chapter 198,
Acts of 1927, to read as follows:]
Voluntary election.— Election on the part of any employer to be subject to this
act, including the employer of private domestic servants, farm and ranch labor
ers, or of three or less employees, may be made by filing with the commission
a written statement to the effect that he accepts the provisions of this act.
Any employer subject to the provisions of this act may withdraw from its
provisions and reject the same upon the first day of any month: Provided, Said
employer gives written notice to the commission of his intention to withdraw
from and reject such act not less than 30 days prior to the first day of the
month in which he desires such withdrawal and rejection to become effective:
And provided further, That such withdrawing employer shall post in conspicuous
places in his several places of employment written or printed notices to the vir: -:;t
that on and after the 1st day of the month in which such withdrawal r'ml
rejection shall become effective, said employer will not be subject to the p r o
visions of the workmen’s compensation lawT, which notices shall be posted at
least 30 days prior to the date of such withdrawal and rejection and shall be
kept continuously posted thereafter in sufficient places frequented by his em
ployees to reasonably notify such employees of such rejections.
Any employer having withdrawn from the provisions of or rejected this act,
as in this section provided, may thereafter at any time elect to become subject
to said act and shall become subject thereto by filing the notice herein provided
for, or upon the insuring of his liability under and in accordance with the
provisions of this act.
[Section 44 was amended by chapter 197, section 3, Acts of 1927, by inserting
after the word “ commission,” in line 9, the following provision:]
Salaries.— Salaries of the employees of the State compensation insurance
fund and the other operating expenses of said fund shall be paid monthly out
of the earnings of said fund: Provided however, That in no case shall the total
operating expenses of the State compensation insurance fund, including the
salaries of the employees of eaid fund, exceed 10 per cent of the premiums
written by said State compensation insurance fund during the preceding year.
The salaries to be paid to employees of the State compensation insurance fund
shall be fixed by the commission, but in no case shall exceed the following
amounts: Manager, $3,500 per annum; assistant manager, $3,000 per annum;
bookkeepers, $1,800 per annum; underwriters, $2,400 per annum; assistant
underwriters, $1,800 per annum; coal-mine inspector, $3,000 per annum ; pay-roll
auditors and inspectors, $2,400 per annum; pay-roll auditors, $1,800 per annum;
statistical clerks, $1,500 per annum; claim examiners, $1,800 per annum; filing
clerks, $1,200 per annum; chief stenographer, $1,380 per annum; clerks and
stenographers, $1,200 per annum. No person shall be employed at a salary of
more than $100 per month except under one of the above classifications.
[Section 125 was amended by chapter 197, section 4, Acts of 1927, to read as
follows: ]
Fund to be continuing.— The State compensation insurance fund shall be a
continuing fund and shall consist of all premiums received and paid into 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 the salaries of the employees
66
TEXT OF LAW S---- COLORADO
67
of the fund and to its other operating expenses, and to the payment of losses
sustained or liabilities incurred under the contracts or policies of insurance
issued by said State compensation insurance fund in accordance with the
provisions of this act.
[Section 132 was amended by chapter 197, section 5, Acts of 1927, to read as
follows: ]
Amendment of rates.— The commission may, in its discretion, amend at any
time the rate or rates for any class or classes, subclass or subclasses: Provided
further, That no contract of insurance between the State compensation insurance
fund and any employer shall be in effect until a policy or binder has been actu
ally issued by the commission and the premium therefor paid as and when re
quired by this act: And provided further. That after the inspection of the
premises of any employer, or after considering the experience of such employer,
the commission may quote with respect to his risk a rate higher or lower than
that indicated by its manual as applicable to his risk. Not less often than once
a year the commission shall tabulate the earned premiums paid by policy
holders of the State compensation insurance fund, by classes and subclasses,
and shall also tabulate the losses incurred by the fund by classes and sub
classes. Should the experience of the fund show a balance to the credit of the
policyholders of any class or subclass after the above-mentioned amounts have
been credited to the surplus fund, and after payment of all amounts which have
fallen due because of operating expenses, injury or death, and after setting
aside proper reserves, then the commission shall distribute such credit balance
to the policyholders of such classes as have a balance to their credit
in proportion to the premium paid by each such policyholder during
the preceding insurance period and in proportion to the credit balance
earned by the class or subclass: Provided, however, That in the event any such
policyholder fails to renew his policy in the State compensation insurance fund
for the period following the period in which said dividends were earned, he
shall not be entitled to said credit dividend: And provided further, That in the
event an employer actually discontinues business, his policy shall be canceled
and the dividend, if any, when ascertained, returned to him.
[Section 134 was amended by chapter 197, section 6, Acts of 1927, by abolish
ing the period of “ six months in the adjustment of premiums.”
[ Section 135 wras amended by chapter 197, section 7, Acts of 1927; the “ semi
annual ” period for payments by employers insured in the compensation fund is
abolished.
[ Section 137 was amended by chapter 197, section 8, Acts of 1927, by providing
that the State highway department of the State shall pay the premiums for
their employees; and also that the county superintendent of schools shall furnish
lists of employees showing the total amount to be expended as wages by each
school district during the succeeding year.
[Section 141 was amended by chapter 199, Acts of 1927, by enlarging the
powers of the State treasurer relative to the investing of funds.]
CONNECTICUT
[The compensation law of this State (G. S. 1918, ch. 284) was amended by
Acts of 1927, chapters 138, 185, 304, and 307. The changes are indicated below.
Section 5341, G. S. 1918 (as last amended 1921, chapter 306, sec. 1) was amended
by chapter 307, section 1, Acts of 1927, to read as follows: ]
Sec. 5341. Election of compensation.— When any persons in the mutual rela
tion of employer and employee shall have accepted part B of chapter 284 of
the General Statutes, the employer shall not be liable to any action for damages
on account of personal injury sustained by an employee arising out of and in
the course of his employment or on account of death resulting from personal in
jury so sustained; but the employer shall pay compensation on account of
personal injury in accordance with the scale hereinafter provided, except that
no compensation shall be paid when the personal injury shall have been caused
by the willful and serious misconduct of the injured employee or by his intoxi
cation. The acceptance of part B of chapter 284 of the General Statutes by
employers and employees shall be understood to include the mutual renunciation
and waiver of ail rights and claims arising out of personal injury sustained in
the course of employment as aforesaid, other than rights and claims given by
part B of chapter 284 of the General Statutes, including the right of jury
trial on all questions affecting compensation and all right of appeal from the
compensation commissioners except as hereinafter established.
[Section 5346 (as amended 1921, ch. 306, sec. 2) was amended by chapter 304,
Acts of 1927, fixing a minimum attorneys’ fee of $25 in certain cases.
[Section 5349 (as last amended 1921, ch. 306, sec. 4) was amended by chapter
307, section 2, Acts of 1927, to read as follows:]
Sec. 5349. Death benefits.— Compensation shall be paid on account of death
resulting from accident or an occupational disease within two years from the
date of the accident or the first manifestation of a symptom of the occupational
disease, as the case may be, as follows: (a) For burial expenses, $200; (&)
to those wiiolly dependent upon the deceased 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 the injury; (e) in case there is no one wholly
dependent upon the deceased employee, to those partially dependent upon the
deceased 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 the injury:
Provided, The amount so paid shall not be more than $21 weekly, nor less than
$5 weekly, nor, if the average weekly sum contributed by the deceased at the
time of the injury to those partially dependent be more than $5 weekly, not
more than said sum so contributed; but the compensation payable on account
of death resulting from injuries shall in no case be more than $21 or less than
$5 weekly, and such compensation shall not continue longer than 312 weeks
after death. The compensation on account of death payable under the provi
sions of chapter 284 of the General Statutes to a widow or widower of a de
ceased 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 the
other^dependents of the deceased employee as defined in section 5388 of the
General Statutes as herein amended.
[Section 5351 (as last amended 1925, ch. 247, see. 1) was amended by chapter
307, section 3, Acts of 1927, by adding after the words “ any injury resulting in
incurable imbecility or insanity” ; in section (f) the following: Provided, An
employee who shall have suffered the loss or loss of use of one of the members
of his body, or of part of one of the members of his body, or the reduction of
vision in one eye -to one-tenth or less of normal vision with glasses, shall not
receive compensation for a later injury in excess of the compensation allowed
for such injury when considered by itself and not in conjunction with the previ
ous incapacity.]
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TEXT OF LAW S---- CONNECTICUT
69
[Section 5352 (as last amended 1925, ch. 247, see. 2) was amended by chapter
307, section 4, Acts of 1927, by changing the schedule of compensation for partial
incapacity to read as* follows:]
Seo. 5352. Partial disability.— If any injury for which compensation is pro
vided under the provisions of said chapter 284 shall result in partial incapacity,
there shall be paid to the injured employee a weekly compensation equal to
half of the difference 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 $21 weekly and shall continue during the period of partial
incapacity, but no longer than 520 weeks. If the employer shall procure 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.
With respect to the following injuries the compensation, in addition to the usual
compensation for total incapacity, but in lieu of all other payments for com
pensation, shall be half of the average weekly earnings of the injured employee,
but in no case more than $21 or less* than $5 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, 208 weeks; (&) for the loss of one hand at or above the wrist, or the
complete and permanent loss of the use of one hand, 175 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, 208 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, 156 weeks; (e) for the com
plete and permanent loss of hearing in both ears, 156 weeks; (f) for the com
plete and permanent loss of hearing in one ear, 52 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, 156 weeks; (h) for the loss of, or the com
plete and permanent loss of the use of, a thumb, 60 wreeks; (i) for the loss of,
or the complete and permanent loss of the use of, a first finger or a great toe,
38 weeks; (/) for the loss' of, or the complete and permanent loss of the use of,
a second finger, 30 weeks; a third finger, 25 weeks; a fourth finger, 20 weeks;
(k) for the loss of, or the loss of the use of, any toe except the great toe, 13
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 be construed as one-third of the loss of the finger •
the loss of, or the loss of the use of, two phalanges of a finger shall be
construed as two-thirds of the loss of the finger; the loss of, or the loss of the
use of, one phalanx of a great toe shall be construed as half of the loss of the
great toe, and the loss of the greater part of a phalanx shall be construed as the
loss of a phalanx; and shall be compensated accordingly. In case the injury
shall consist of the loss of a substantial part of a member resulting in a
permanent partial loss of the use of the member, or, in case the injury results
in a permanent partial loss of function, the commissioner may, in his discre
tion, in lieu of other compensation, award to the injured person such a pro
portion of the sum herein provided for the total loss, or loss of use of, such
member, or for incapacity or both, as shall represent the proportion of total loss
or loss of use found to exist, and any voluntary agreement submitted in which
the basis of settlement is such proportionate payment may, if otherwise con
formable to the provisions of this act, be approved by the commissioner in his
discretion. The word “ member ” shall include all portions of the human body
referred to in subsections (a) to (k), inclusive. In case of an injury to any
portion of the body, referred to in subsections (a) to (fc), inclusive, or to a
phalanx or phalanges of the thumb, finger, or toe, the commissioner may, in
his discretion, in the manner hereinbefore provided, award compensation for the
proportionate loss, or loss of use of, the member of the body affected by such
injury: Provided, In order to be entitled to compensation for a hernia, the
employee shall prove that the hernia resulted from an accidental injury; that
inability to work immediately followed such accident; that there was not a
preexisting hernia at or prior to the accident for which compensation is claimed;
and that, within two weeks thereafter, the facts of such accident were com
municated to the employer.
[Section 5360 (as last amended, 1921, chapter 306, section 8) was amended
by chapter 307, section.5, Acts of 1927, to read as follows:]
Seo. 5360, Claims.— No proceedings for compensation under the provisions
of chapter 284 of the General Statutes shall be maintained unless a written
notice of claim for compensation shall be made within one year from the date
70
PABT Y. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
of the accident or from the first manifestation of a symptom of the occupa
tional disease, as the case may be, which caused the personal injury: Provided,
If death shall have resulted within two years from the date of the accident
or first manifestation of a symptom of the occupational disease, a dependent
or dependents may make claim for compensation within said 2-year period:
And provided, No claim for an occupational disease shall be made by an em
ployee or his dependents against the employer in w7hose employ the disease is
claimed to have originated, except while the employee is still in such employ,
or within three years after leaving such employ. Such notice shall state in
simple language the date and place of the accident and the nature of the injury
resulting therefrom, or the date of the first manifestation of a symptom of the
occupational disease and the nature of such disease, as the case may be, the
name and address of the employee and of the person in whose interest com
pensation is claimed. The notice may be served in the same manner as notices
of withdrawal from the provisions of Part B of chapter 284 of the General
Statutes; and, in cases of fatal injuries, notice may be served either by any one
of the dependents under the provisions of said chapter 284 as provided in
section 5343 of the General Statutes as amended by section 3 of chapter 142
of the Public Acts of 1919, or by the legal representative of the deceased em
ployee; but if there shall have been a hearing or a written request for a
hearing or an assignment for a hearing within one year from the date of the
accident, or from the first manifestation of a symptom of the occupational
disease, as the case may be, or in the event that a voluntary agreement shall
have been submitted within said period of one year, no wrant 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 maintenance
of proceedings unless the employer shall show that he -was ignorant of the
facts concerning such personal injury and was prejudiced thereby. Upon
satisfactory showing of such ignorance and prejudice the employer shall receive
allowance to the extent of such prejudice. Within one wyeek after receipt by an
employer of such notice of claim for compensation he shall report the sub
stantial facts of such notice to the commissioner.
[Section 5384 was amended 1927, chapter 307, section 6, to read as follows:]
Sec. 5384. Defective employees.— Whenever any person having a contract of
employment, or desiring to enter into a contract of employment, shall have
any physical defect which imposes upon his employer, or prospective em
ployer, a further or unusual hazard, it shall be permissible for such person
to waive in waiting for himself or his dependents, or both, any rights to
compensation under the provisions of said chapter 284 for any personal injury
arising out of and in the course of his employment, or death resulting there
from, which may be found by the commissioner having jurisdiction to be attribut
able in a material degree to such physical defect. No such waiver shall become
effective unless the defect in question shall be plainly described therein nor
until the commissioner having jurisdiction shall find that the person signing
such waiver fully understands the meaning thereof and, if such person shall
be a minor, that one of the parents or a guardian of said minor shall have
approved the same in writing, nor until such commissioner shall, in writing,
approve thereof and furnish each of the parties thereto with a copy thereof.
No such waiver sha,U be a bar to a claim by the person signing the same,
or his dependents, for compensation for any injury arising out of and in the
course of his employment, or death resulting therefrom, which injury shall
not be found to be attributable in a material degree to the particular condition
described therein. The rights and liabilities of the parties to such w^aiver
as to injuries arising out of and in the course of the employment and within
the terms of such waiver shall be such as are provided by law in the case
of an employer having regularly less than five employees, who shall not have
accepted the provisions of said chapter 284.
[Section 5388 (as last amended 1921, ch. 306, sec. 11) was amended by
chapter 307, section 7, Acts of 1927. to read as follows :]
Sec. 5388. Definitions.— Terms in said chapter are defined as follows: “ Com
missioner ” shall mean the compensation commissioner 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. “ Dependent ”
shall mean members of the injured employee’s family or next of kin who
were w7holly 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
TEXT OP LAW S---- CONNECTICUT
71
works under any contract of service or apprenticeship with an employer,
whether such contract contemplated the performance of duties within or with
out the State, and shall also include any salaried officer or paid member of
any police department or fire department of any municipal corporation in the
State, irrespective of the manner in which he is appointed or employed, which
provision shall not be construed as affecting any existing rights as to pensions
which such persons or their dependents may have at the time this act sha,ll
take effect, or as preventing any existing custom of paying the full salary of
any such person during disability due to injury arising in the course of and out
of his employment; but said term shall not be construed to include either ( a)
an outworker, (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 (o) a member of the employer’s family dwelling in his house: Provided, If in
any contract of insurance the wages or salary of a member of the employer’s
family dwelling in his house is included in the pay roll on which the premium
is based then such person shall, in the event of his sustaining an injury arising
out of and in the course of hisi employment, be deemed, an employee and com
pensated accordingly. “ Employer ” shall mean any person, corporation, firm,
partnership, voluntary association, 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 representatives of any such employer. “ Out
worker ” shall mean any person to whom articles or materia,! are given to
be treated in any way 011 premises not under the control or management of
the person who gave them out.
The words “ personal injury ” or “ injury,” as the same are used in said
chapter 284, shall be construed to include only accidental injury which may be
definitely located as; to the time when and the place where the accident occurred,
and occupational disease as herein defined. The words “ occupational disease ”
shall mean a disease peculiar to the occupation in which the employee was en
gaged and due to causes in excess of the ordinary hazards of employment as
such. The words “ arising out of and in the course of his employment,” as
used in said chapter 284, shall mean an accidental injury happening to an em
ployee or an occupational disease of such employee originating while he shall
have been engaged in the line of his duty in the business or affairs of the
employer upon the employer’s premises, or while so engaged elsewhere upon the
employer’s business or affairs by the direction, express or implied, of the
employer, A personal injury shall not be. deemed to arise out of the employ
ment unless causally traceable to the employment other than through weakened
resistance or lowered vitality. I 11 the case of an accidental injury, a disability
or a death due to the acceleration or the aggravation of a venereal or syphilitic
disease or to the habitual use of alcohol or narcotic drugs shall not be con
strued to be a compensable injury. In the case of aggravation of a preexisting
disease, compensation shall be allowed only for such proportion of the disability
or death due to the aggravation of such preexisting disease as may be reasonably
attributed to the injury upon which the claim is based. Singular terms may be
taken to include the plural and the plural the singular, and masculine terms to
include males, females, and legal persons, as the natural interpretation of the
context may require.
[The following supplemental laws were also enacted in 1927:]
Chapter 138, A cts
of
1927.— Commissioners— Poivers after expiration of term
Any compensation commissioner, after ceasing to hold office as such compensa
tion commissioner, may settle and dispose of all matters relating to appealed
cases, including correcting findings and certifying records, as well as any other
unfinished matters pertaining to causes theretofore tried by him, to the same
extent as if he were still such compensation commissioner.
[Chapter 185, Acts of 1927 (commissioners), amends section 2212, G. S. 1918
(as last amended 1925, ch. 202, sec. 5) :]
Salaries.— To each compensation commissioner, $5,000 annually, and his
necessary travel, clerical, and office expenses, as approved by the comptroller.
D E LA W A R E
[The compensation law of this State (R. C. ch. 90, art. 5 (Acts of 1917, ch.
233)) was amended by chapters 192 and 193, Acts of 1927. The changes are
indicated below.
[3193 j, section 103, subsection (c) (as amended, 1919, ch. 203), was amended
by chapter 192, Acts of 1927, by adding a new paragraph, to read as follows:]
Provided, however, That any compensation paid under subsections (a) and
(&) of this section shall be commuted and taken from the last weeks of com
pensation provided for in this section, so that the total compensation paid under
section (c) of this act, whether paid under sections (a) and (&) or under
section (c?) hereof, shall not exceed the total amount of the total period spe
cifically set forth hereinabove in said subsection (c).
[A new section was added by chapter 192, Acts of 1927, to be known as
3193 v, section 115 A, to read as follows: ]
3193 v, Sec. 115 A. IAmitoAioib.— Where payments of compensation have been
made in any case under an agreement approved by the industrial accident
board, or by an award of said board, no statute of limitation shall take effect
until the expiration of two years from the time of the making of the last pay
ment for which a proper receipt has been filed with the said board.
[3193 pp, section 135 (as amended, 1923, ch. 206), was repealed and reenacted
by chapter 193, section 1, Acts of 1927, to read as follows:]
3193 pp, Sec, 135. Employers.—The following1shall constitute employers sub
ject to the provisions of this article: The State of Delaware, the county of
New Castle, every corporation (private, public, municipal, or public quasi),
every association, every firm, and every person (excepting the employers men
tioned in 3192 vv [3193 vv], sec. 141, and 3193 ww, sec. 142 hereof) having
in his, her, or its service any employee defined in 3193 qq, section 136, of this
article, i f the employer is insured, it shall include his, her, or its insurer, as
far as-practicable.
[3193 qq, section 136 (as amended, 1923, ch. 206), was repealed and reenacted
by chapter 193, section 2, Acts of 1927, to read as follows:
3193 qq, Sec. 136. Employees.— The term “ employee ” as used in this article
shall be construed to mean: Every person in the service of the State of Dela
ware, of the county of New Castle, or any corporation (private, public, mu
nicipal, or public quasi), of any association, of any firm, or of any person
(excepting the employer mentioned in 3193 vv, sec. 141 and 3193 ww, sec. 142,
hereof) under any contract of hire, expressed or implied, oral or written, or
performing services for a valuable consideration, but not including any person
whose employment is casual and not in the regular course of the trade, business,
profession, or occupation of his employer, and not including persons to whom
articles or materials are furnished or repaired, or adapted for sale in the
workman’s own home or on the premises not under the control or management
of the employer,
[3193 vv, section 141 (as amended, 1923, ch. 206), was repealed and reenacted
by chapter 193, section 3, Acts of 1927, to read as follows:]
3193 vv. Seo. 141. Exemptions.—-This article shall not apply to the employer
and employee in any employment in which less than five employees are engaged;
nor to farm laborers and domestic servants1 of the State or any governmental
agency created by it, excepting officers and servants of the State of Delaware,
and officers and servants of the county of New Castle, and officers and servants
of the mayor and council of Wilmington, a municipal corporation of the State
of Delaware, such officer and servant of the State of Delaware, and of the
1 The amendment at this point dropped the words “ or to the respective employers nor
to officers and servants,” This was apparently an unintentional omission. See 1929
legislation.
72
TEXT OF LAW S---- DELAWARE
73
county of New Castle and the city of Wilmington having been2 either elected
or appointed for a term of office of fixed and definite duration, or to complete
the unexpired portion of any such term. The election of the State of Delaware
to be bound by the compensatory provisions of this article shall be made by and
be under the control of the governor, Said election by the county of New’ Castle
shall be made by and be under the control of the levy court of the said county
and the said election by the mayor and council of Wilmington shall be by and
be under the control of said mayor and council.
2 The amendment changed “ neither ” to “ either ” apparently unintentionally.
1929 legislation.
See
DISTRICT OF COLUMBIA
ACTS OF SEVENTIETH CONGRESS, FIRST SESSION, 1928
(4 5 S tat. 6 0 0 )
Chapter 612.— Compensation for disability or death resulting from injury to
employees in certain employments in the District of Columbia
Section 1. Coverage.— The provisions of the act entitled “ Longshoremen’s
and harbor workers’ compensation act,” approved March 4, 1927,1 including all
amendments that may hereafter be made thereto, shall apply in respect to the
injury or death of an employee of an employer carrying on any employment in
the District of Columbia, irrespective of the place where the injury or death
occurs; except that in applying such provisions the term “ employer ” shall be
held to mean every person carrying on any employment in the District of
Columbia, and the term “ employee ” shall be held to mean every employee of
any such person.
Sec. 2. Exceptions.— This act shall not apply in respect to the injury or death
of (1) a master or member of a crew of any vessel; (2) an employee of a
common carrier by railroad when engaged in interstate or foreign commerce or
commerce solely within the District of Columbia; (3) an employee subject to
the provisions of the act entitled “An act to- provide compensation for employees
of the United States suffering injuries while in the performance of their duties,
and for other purposes,” approved September 7, 1916, as amended; and (4) an
employee engaged in agriculture, domestic service, or any employment that is
casual and not in the usual course of the trade, business, occupation, or profes
sion of the employer.
1 F o r p ro v is io n s o f lo n g sh o re m e n ’ s a n d h a rb or w o r k e rs ’ co m p e n sa tio n a c t see p. 200'.
74
H A W A II
[Chapter 209, Revised Laws of 1925, was amended by act No. 207, Acts of
1927, by adding a new section, 3617 A, as follows:]
S eo . 3617 A. Partial disability of minors.— In cases of permanent partial dis
ability of minors, the compensation shall not in any event be less than $5 per
week.
46675°— 29------ 6
75
IDAHO
[The compensation law (C. S. 1919, ch. 236) of the State was amended by
chapters 100 and 181, Acts of 1927. The changes are indicated below.]
[Section 6215, public employment, was amended by chapter 106, section 1,
Acts of 1927, so that coverage is extended to include public officials as well as
public employees, “ but not to include judges of election, clerks of election, or
jurors.” ]
[Section 6216 (as amended 1921, ch. 220) (excluded employments), was
amended by chapter 106, section 2, Acts of 1927, so that paragraph (6) shall
read as follows:]
6.
Members of the employer’s family dwelling in his house, unless prior to
the accident for which the claim is made, the employer had elected in writing
filed with the board, that the provisions of the chapter shall apply. [Provision
for termination for such coverage omitted.]
[Section 6224 (dependents), was amended by chapter 106, section 3, Acts of
1927. Dependency is determined as at the time of the “ accident,” and not at
the time of the “ injury ” as hitherto provided.]
[Section 6225 (periods of compensation), was amended by chapter 106,
section 4, Acts of 1927, by providing that “compensation payable to or for a
child shall cease when such child marries.” ]
[Section 6231 (as amended 1921, ch. 217) (total disability), was amended
by chapter 106, section 5, Acts of 1927, to read as follows:]
Sec. 6231. Total disability.— Where the injury causes total disability for work,
the employer during such disability, but not including the first seven days
thereof, which shall be known as the waiting period, shall pay the injured
employee weekly compensation equal to 55 per cent of his average weekly
wages, but not more than $12 nor less than $6 per week for a period not
exceeding 400 weeks, and thereafter a weekly compensation of $6 a week.
If such employee have a wife, but no dependent minor child the employer
shall pay to such injured employee weekly compensation equal to 60 per cent
of his average weekly wages, but not more than $13.10, nor less than $6.55 per
week for a period not exceeding1400 weeks, and thereafter a weekly compensa
tion of $6 a week.
If the injured employee have a wife and a dependent minor child, or children
or being a widower having any such dependent minor child, or children, the
weekly payments in the preceding paragraph shall be increased by 5 per cent
of the average weekly wage for each such child, but the total weekly compensa
tion shall not exceed $16 per week, nor be less than $8 per week for a period
not exceeding 400 weeks and thereafter a weekly compensation of $6 a week.
If such total disability for work exceeds a period of four weeks the waiting
period shall be reduced by four days and by one additional day for each week
the total disability exceeds four weeks. In case the total disability begins after
a period of partial disability, the period of partial disability shall be deducted
from such total period of 400 weeks: Provided, however, That in no case shall
the weekly compensation exceed the full amount of his average weekly wages.
A divorced employee who contributes to the support of his minor child or
children shall receive the same compensation under this section as if he were a
widower.
[Section 6234 (as amended 1921, ch. 217) (schedule) was amended by chapter
106, section 6, Acts of 1927, limiting compensation to 99 per cent of the periods
stated against such injuries.]
[Section 6234a was added by chapter 106, section 6, Acts of 1927, to read as
follows: ]
Sec. 6234a. Creation of second injury or industrial special indemnity fund.—
There is hereby created a fund to be known as the industrial special indemnity
fund, and which shall consist of payments made to it as in this section pro
vided. The State treasurer shall be custodian of the industrial special indemnity
76
TEXT OF LAW S---- IDAHO
77
rund, and all disbursements therefrom shall be paid by him upon orders of the
industrial accident board. Said orders to be under the seal of said industrial
accident board, signed by the chairman and attested by the secretary of the
board. The State treasurer shall give a separate and an additional bond in an
amount which shall at all times be equal to the amount of said industrial
special indemnity fund and with sureties approved by the governor, conditioned
for the faithful performance of his duty as custodian of said industrial special
indemnity fund. The State treasurer shall deposit any portion of said fund
not needed for immediate use in the manner and subject to all the provisions
of law respecting the depositing of State funds by him. Interest earned by such
portion of the industrial special indemnity fund deposited by the State treasurer
shall be collected by him and placed to the credit of the fund. In addition to
the payments made to the injured employee by the employer, as provided in
section 6234, the employer, in case of the injuries named in said section 6234,
shall pay to the State treasurer, to be by him deposited into the industrial
special indemnity fund, a lump sum without discount equal to 2 per cent of
the weekly compensation provided by section 6234 for the full periods stated
against such injuries in said section 6234; said sum to be paid to the State
treasurer as soon as the total amount of the specific indemnity payable for
the particular injury is determined by the industrial accident board.
[Section 6234b was added by chapter 106, section 6, Acts of 1927, to read as
follow s:]
Seo. 6234b. Permanent total disability after permanent partial disability .—
I f an employee who has previously incurred a partial permanent disability
through the loss of one hand at or above the wrist, or one foot at or above the
ankle, receives a personal injury by accident arising out of and in the course
of his employment which results in the physical loss o f a foot at or above the
ankle, or a hand at or above the wrist, or having lost one eye, received such
injury which results in the total and permanent loss of the sight of the other
eye, the employer shall only be liable for the permanent partial disability caused
by the subsequent in ju ry: Provided , however, That in addition to compensation
for permanent partial disability and after the cessation of payments for the
period of weeks prescribed by section 6234 the disabled employee shall be paid
by the industrial accident board out ot the funds of the industrial special in
demnity fund, the remainder of the compensation that would be due the injured
employee for permanent total disability if the subsequent injury itself had
been the cause of his permanent total disability, such payments to be made
by the industrial accident board monthly by orders drawn on the State treas
urer to be charged against the industrial special indemnity fund. All moneys
which may come into said industrial special indemnity fund are hereby per
petually appropriated to the industrial accident board to be used by it for the
purpose in this section stated. The industrial special indemnity fund shall be
administered by the industrial accident board without liability on the part of
the State or the industrial accident board beyond the amount of such fund.
[Section 6235 (hernia) was amended by chapter 106, section 7, Acts of 1927,
to read as follow s: ]
Seo. 6235. Hernia .— In all cases of hernia resulting from injury by accident
alleged to have been sustained in the course of and resulting from employee’s
employment, it must be proven:
1. That it was an injury by accident resulting in hernia.
2. That the hernia appeared suddenly and immediately following the accident.
3. That the hernia did not exist in any degree prior to the injury by accident
for which compensation is claimed.
4. That the hernia was reported to the employer within 30 days after the
accident.
[Section 6240 (lump sums) was amended by chapter 106, section 8, Acts
of 1927, to read as follow s: ]
Seo. 6240. Commutation of payments.—Whenever the board determines that
it is for the best interest o f all parties, the liability o f the employer for com
pensation may, on application to the board by any party interested, be dis
charged in whole or in part by the payment of one or more lump sums to be
determined by or with the approval of the board.
Any such lump-sum payment shall not exceed the present value of all future
payments of compensation computed at 4 per cent true discount compounded
annually. In the case of compensation to the widow or widower of the de
ceased employee, such lump sum shall not exceed 100 weeks’ compensation. The
78
PART Y. TEXT OF LA W S, UNITED STATES, 19 2 7 - 2 8
board shall not commute any payments to a widow or widower except at her
or his request.
[Section 6243 (notice and claim) was amended by chapter 106, section 9,
Acts of 1927. Notice of claims must be made within a year after date o f
“ accident ” rather than of “ injury ” as hitherto.]
[Section 6270 (procedure) was amended by chapter 106, section 10, Acts
of 1927, providing that “ all appeals of matters arising under the workmen’s
compensation law shall, by the court to which taken, be disposed of before any
civil causes or actions are considered.]
[Section 6278 (security of payments) was amended by chapter 106, section
11, acts of 1927, so as to read as follow s: ]
Sec. 6278. Security for payment of compensation.— Employers, but not in
cluding the State or the municipal bodies mentioned in section 6215, shall
secure compensation to their employees in one of the following w ays:
1. By insuring and keeping insured the payment of such compensation in the
State insurance fu n d ; or,
2. By depositing and maintaining with the industrial accident board security
satisfactory to the board securing the payment by said employer of compensa
tion according to the terms of this chapter. Such security may consist of a
surety bond or guaranty contract with any company authorized to do surety
or guaranty business in Idaho and having a sufficient deposit with the State
treasurer upon which execution may lawfully be issued against said company
on behalf of any workman secured under said bonds or contracts.
No company shall be permitted to write surety bonds or guaranty contracts
covering the liability hereunder of employees of this State unless it shall have
been authorized to do business under the laws of this State and until it shall
have received the approval of the board. To the end that, the workmen secured
under this chapter by any such company shall be adequately protected the board
is hereby authorized to make and change such reasonable regulations as they
may deem necessary with reference to the capital stock, surplus, and reserves
of such companies, and to require such companies, self-insuring employers and
the State fund to deposit and maintain with the treasurer of the State money
or bonds of the United States or of this State, or interest-paying bonds when
they are at or above par, or any other State of the United States or the District
of Columbia, or the bonds of any county or municipal corporation of this or any
other State of the United States or the District of Columbia in an amount equal
to the total amounts of all outstanding and unpaid compensation awards against
such employer or such company or the State fund or against the employers
insured by such company or the State fund. In lieu of such money or bonds
the board may require such company, self-insuring employer or the State fund
to file or maintain with the treasurer of the State a surety bond of some com
pany or companies authorized to do business in this State for and in the amounts
equaling the total unpaid compensation awards against such company, selfinsurer or State fund.
The approval by the board of any such company may be withdrawn if it shall
appear to the board that workmen secured therein under this chapter are not
fully protected.
The said money or bonds or said surety bonds so deposited with the State
treasurer shall be an exclusive trust for the benefit of the workmen o f the
employers insured by such company or State fund or such self-insurers, to> re
main with said treasurer in trust to answer any default of said self-insurer
or of said company or State fund as surety upon any such obligation established
by final judgment upon which execution may lawfully be issued against said
self-insuring employer or company or State fu n d ; such self-insurer or company
or State fund, however, at all times shall have the right to collect the interest,
dividends and profits upon such securities, and from time to time withdraw such
securities or portion thereof, substituting therefor others o f equally good char
acter and value, to the satisfaction of the industrial accident board, and such
securities shall not be sold under any process against such self-insurer or such
company or State fund until after 40 days’ notice to said self-insurer or company
or State fund, supplying the date, place and manner of such sale, and the
process under which and the purpose for which it is to be made, accompanied
by a copy of such process. The State of Idaho shall be held responsible for
the safety o f all deposits made under the provisions o f this section. Such selfinsurer or company or State fund shall not be permitted to withdraw from the
State treasurer such deposits of money or bonds or permit said surety bonds
to lapse for a period of one year after discontinuing business within, this State,
TEXT OF LAW S---- IDAHO
79
or while any suit is pending or any judgment against said company in this
State shall remain unpaid.
The board is also authorized to make and change such rules and regulations
as they shall deem necessary to secure the prompt payment o f compensation
awards under this chapter, and shall withdraw their approval of any company,
whenever it appears, that such company unnecessarily delays the payment o f such
awards.
[Section 6279 (notice of security) was amended by chapter 106, section 12,
Acts of 1927. Notice o f security must be filed with the “ industrial accident
board ” instead o f the “ department of commerce and industry ” as hitherto.]
[Section 6280 (posting o f notice), was amended by chapter 106, section 13,
Acts of 1927. Providing that “ failure to show and keep such notice conspicu
ously displayed shall be a misdemeanor punishable by a fine o f not more than
$25 and costs for any action brought in the enforcement of this law.” ]
[Section 6281 (effect of failure to secure compensation), was amended by
chapter 106, section 14, Acts of 1927, so as to read as follow s:]
Sec. 6281. Effect of failure to secure compensation .— I f an employer subject
to the provisions of this chapter fails to comply with the provisions o f section
6278, he shall be guilty of a misdemeanor and shall also be liable to a penalty
for every day during which such failure continues o f $1 for each employee, to
be recovered in an action brought by the industrial accident board in the name
o f the State o f Idaho, and the amount so collected shall be paid into the indus
trial administration fund, and for this purpose the district court of any county
in which such employer carries on any part of his trade or occupation shall
have jurisdiction.
Furthermore, if any employer shall be in default under section 6278 for a
period of 30 days, he may be enjoined, by the district court of any county in
which such employer carries on any part of his trade or occupation, from car
rying on his business while such default continues. All proceedings in the
courts under this section are to be brought by the industrial accident board in
the name o f the State o f Idaho.
[Section 6281a (as amended 1921, chapter 217, section 17), was repealed by
chapter 106, section 15, Acts of 1927.]
[Section 6281b (as amended 1921, chapter 217, section 18), was repealed by
chapter 106, section 16, Acts of 1927.]
[Section 6285 (cancellation of surety contracts), was amended by chapter
106, section 17, Acts of 1927, to read as follow s: ]
Sec. 6285. OaMcellation of surety contracts.—No policy of insurance or guar
anty contract or surety bond issued against liability arising under this chapter
shall be canceled within the time limited in such contract for its expiration
until at least 10 days after notice of cancellation of such contract, on a date
specified in such notice, shall have been filed with the industrial accident board,
and also served on the employer either personally or by registered mail.
[Section 6301 (classification) was amended by chapter 106, section 18, Acts
of 1927, by adding after the word “ risk ” in the last line the follow ing: “ but
in no case shall any salary or wage be considered in excess o f $2,400 per year.” ]
[Section 6321 (as amended 1921, chapter 217, section 22) (workman) was
amended by chapter 106, section 19, Acts of 1927, so that the term “ workman ”
does not include any person engaged in any of the excepted employments
enumerated in section 6216 “ unless an election as provided in said section
has been filed.”
[Section 6323 (injury) was amended by chapter 106, section 20, Acts of
1927, so as to read as follow s: ]
Seo. 6323. Injury — Accident.— “ Injury ” or “ personal injury ” includes death
resulting from injury within two years after the accident, but is not to be
construed as being synonomous with accident. An “ injury ” or “ personal
injury ” to be compensable must be the result of an accident.
[Section 6330 (number and sex) was amended by chapter 106, section 21,
Acts of 1927, so as to read as follow s: ]
Sec. 6330. Number and gender.—Any terms shall include the singular and
plural and both sexes where the context so requires, and the term “ husband,”
or “ wife,” shall include spouse.
Supplemental A ct
[Section 6259 was amended by chapter 181, Acts of 1927, so as now to charge
5 cents for each carbon copy of evidence taken at any hearing.]
ILLINOIS
[The compensation law of this State (Acts of 1913, p. 335) was amended
in sections 3, 5, 7, 8, 12, 14, 16, 19, 24, 26, and 30, by Acts o f 1927, p. 497. The
changes are indicated below.]
[Section 3 was amended in subparagraph 3, by extending the compulsory
coverage of the act to include more than two employees engaged in the carriage
and distribution of commodities, instead of three employees as formerly. Also
two new subparagraphs were added, 9 and 10, to read as follow s: ]
9. Any enterprise, business, or work in connection with the laying out or
improvement of subdivisions of tracts of land.
10. Any enterprise for the treatment of cross-ties, switch-ties, telegraph
poles, timber, or other wT00d with creosote or other preservatives.
[Section 5 (as amended 1925, p. 378) was amended to read as follow s:]
Sec. 5. Employee defined.— The term “ employee ” as used in this act, shall
be construed to mean:
First. Every person in the service of the State, county, city, town, township,
incorporated village, or school district, body politic, or municipal corporation
therein, under appointment or contract of hire, expressed or implied, oral or
written, except any official of the State, or of any county, city, town, town
ship, incorporated village, school district, body politic, or municipal corpora
tion therein and except any duly appointed member of the fire department in
any city whose population exceeds 200,000 according to the last Federal or
State census, and except any member of a fire insurance patrol maintained by a
board of underwriters in this State: Provided, That any such employee, his
personal representative, widow, children, beneficiaries, or heirs, who is, are, or
shall be entitled to receive a pension or benefit for or on account of disability
or death arising out of or in the course of his employment from a pension or
benefit fund to which the State or any county, town, township, incorporated
village, school district, body politic, underwriters’ fire patrol, or municipal cor
poration therein is a contributor, in whole or in part, shall be entitled to receive
only such part of such pension or benefit as is in excess o f the amount o f com
pensation recovered and received by such employee, his personal representative,
widow, children, beneficiaries, or heirs under this a c t: And provided further,
That one employed by a contractor who has contracted with the State, or a
county, city, town, township, incorporated village, school district, body politic,
or municipal corporation therein, through its representatives, shall not be con
sidered as an employee of the State, county, city, town, township*, incorporated
village, school district, body politic, or municipal corporation which made the
contract.
Second. Every person in the service of another under any contract of hire,
express or implied, oral or written, including persons whose employment is
outside of the State of Illinois where the contract of hire is made within the
State of Illinois, and including aliens and minors who, for the purpose o f this
act, shall be considered the same and have the same power to contract, receive
payments, and give quittances therefor, as adult employees, but not including
any person who is not engaged in the usual course o f the trade, business, profes
sion, or occupation of his employer: Provided, That employees shall not be
included within the provisions o f this act when excluded by the laws o f the
United States relating to liability of employers to their employees for per
sonal injuries where such laws are held to be exclusive.
[Section 7 (as amended 1925, p. 378) was amended. The subsections amended
now read as follow s:]
Sec. 7. Compensation for death.—The amount of compensation which shall be
paid for an injury to the employee resulting in death shall b e :
(a ) If the employee leaves any widow, child, or children whom he was under
legal obligations to support at 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
$1,650 and not more in any event than $3,750: Provided, That when an award
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TEXT OF LAW S---- ILLINOIS
81
has been made under this paragraph, where the deceased left at the time o f
his death a widow and one child under 16 years of age him surviving, the
compensation payments and death benefits to the extent the same were in
creased because of the existence of said child, in so far as same have not been
paid, shall cease and become extinguished when said child arrives at the age
of 18 years, if said child is physically and mentally competent at that time.
Any right to receive compensation hereunder shall be extinguished by the
remarriage of a widow, if the deceased did not leave him surviving any child
or children whom he was under legal obligations to support at the time of said
injury.
Any compensation payments other than necessary medical, surgical, or hos
pital fees or services shall be deducted in ascertaining the amount payable on
death.
[(&) and (c ). No change.]
(d) If no amount is payable under paragraphs (a ), (&), or (c) 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 para^
graph (a) of this section as the average annual contributions wThich the de~
ceased made to the support of such dependent collateral heirs during the two
years preceding the injury bears to his average annual earnings during such
two years: Provided , That if the amount paid to such collateral heirs de
pendent at the time of the death be less than $450, the employer shall pay the
difference between the amount so paid to collateral heirs and the sum of $450
into a special fund of which the State treasurer shall be the custodian. Such
special fund shall be paid and disbursed for the purposes hereinafter stated in
paragraph ( f ) of section 8, either upon the order of the industrial commission
or of a court of competent jurisdiction. Any compensation payments other
than necessary medical, surgical, or hospital fees or services shall be deducted
in ascertaining the amounts payable on death.
( e ) If no amount is payable under paragraphs (a), (&), (c ), or (d) of this
section, a sum not to exceed $150 for burial expenses to be paid by the employer
to the undertaker or to the person or persons incurring the expense of burial,
and the further sum of $300, which shall be paid within 60 days into a special
fund, of which the State treasurer shall be ex officio custodian, such special
fund to be held and disbursed for the purposes hereinafter stated in paragraph
(f) of section 8, either upon the order of the industrial commission or of a
competent court. Said special fund shall be deposited the same as are State
funds and any interest accruing thereon shall be added thereto every six
months. It shall be subject to audit the same as State funds and accounts and
shall be protected by the general bond given by the State treasurer. It shall
be considered alwrays appropriated for the purposes of disbursement as provided
in section 8, paragraph (f) of this act and shall be paid out and disbursed
as therein provided and shall not at any time be appropriated or diverted to
any other use or purpose: Provided , That whenever any sum is paid into the
said fund and subsequently it develops that compensation is payable under
paragraphs ( a ), (&), (c ), or (d) of this section, the industrial commission shall
order the refund of any sum paid into the said fund, and the State treasurer
as custodian of said fund shall immediately refund the sum paid to him in
accordance with the order of the industrial commission upon receipt by him
of a certified copy of said order.
The industrial commission shall, within 10 days after the rendition of any
award providing for payments into said special fund provided for in para
graph ( e ) of this section, mail a certified copy thereof to the State treasurer.
If said award be not paid within 30 days after the date said award has be
come final, the State treasurer shall proceed to take judgment thereon in his
own name as ex officio custodian o f said fund as is provided for other awards
by paragraph (g) of section 19 of this act and take the necessary steps to
collect said award. The industrial commission shall immediately, upon learn
ing of any death because of which payments into said fund may become
due under paragraphs ( d ) and ( e ) of this section, notify the State treasurer
thereof and the State treasurer, if payments be not made into said fund within
60 days following said death on account of which it may be due, shall within
60 days after the receipt of said notice institute proceedings in his own name
before the industrial commission for the collection thereof, and in said pro
ceedings the industrial commission may order the burial fund provided for in
this act paid to the person, corporation, or organization who has paid or
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PART V. TEXT OF LAW S, UNITED STATES, 19 2 7 - 2 8
become liable for the payment of same. In all such proceedings so instituted
by the State treasurer it shall not be a defense that notice of the accidental
injury was not given the employer within 30 days or that the demand for
payment was not made within six months or that written claim for compen
sation was not filed with the industrial commission within one year. Any
person, corporation, or organization who has paid or become liable for the
payment of burial expenses of said deceased employee may in his or its own
name institute proceedings before the industrial commission for the collec
tion thereof: Provided further, That at no time shall there be paid into said
special fund on account of any one death a sum to exceed $300.
[ ( f ) and (g). No change.]
(h) 1. Whenever in paragraph (a) of this section a minimum of $1,650 is
provided, such minimum shall be increased in the following cases to the fol
lowing amounts:
Two thousand one hundred fifty dollars in case of one child under the age
of 16 years at the time of the death of the employee.
Two thousand two hundred fifty dollars in case of two children under the age
of 16 years at the time of the death of the employee.
Two thousand three hundred fifty dollars in case of three or more children
tinder the age o f 16 years at the time of the death of the employee.
2. Whenever four times the average annual earnings of the deceased em
ployee as provided in paragraph (a) of this section amounts to more than
$1,650 and to less than $3,750, the amount so payable under said paragraph
shall be increased as follow s:
In case such employee left surviving him one child under the age o f 16 years,
the amount so payable shall be increased $350.
In case such employee left surviving him two or more children under the age
o f 16 years, the amount so payable shall be increased $450.
3. Whenever in paragraph (a) of this section a maximum o f $3,750 is pro
vided, such maximum shall be increased in the following cases to the following
amounts:
Four thousand two hundred dollars in case of one child under the age o f 16
years at the time o f the death of the employee.
Four thousand four hundred fifty dollars in case of two children under the
age of 16 years at the time of the death o f the employee.
Four thousand five hundred fifty dollars in case of three or more children
under the age o f 16 years at the time of the death of the employee.
(i) Minor illegally employed .— In case the injured employee is under 16
years of age at the time of the accident and is illegally employed, the amount
of compensation payable under paragraphs (a), (b), (c ), {d), and (e) of this
section shall be increased 50 per centum: Provided, however, That nothing
herein contained shall be construed to repeal or amend the provisions of an act
concerning child labor, approved June 26, 1917, as subsequently amended
relating to the employment of minors under the age of 16 years.
[Sec. 8 (as amended 1925, p. 378) was amended. The subsections amended in
1927 now read as follow s: ]
Seo. 8. Non fatal injuries .— The amount of compensation which shall be paid
to the employee for an injury not resulting in death shall be:
(a)
The employer shall provide the necessary first-aid medical and surgical
services, and all necessary medical, surgical, and hospital services thereafter,
limited, however, to that which is reasonably requirejd to cure or relieve from
the effects of the injury. The employee may elect to secure his own physician,
surgeon, and’ hospital services at his own expense. Any injury resulting in the
amputation of an arm, hand, leg, or foot, or the enucleation of an eye, or the
loss of any of the natural teeth, the employer shall furnish an artificial of any
such member lost in accidental injury arising out of and in the course o f the
employment, and shall also furnish the necessary braces in all proper and neces
sary cases: Provided , The furnishing by the employer of any such services or
appliances shall not be construed to admit liability on the part of the employer
to pay compensation, and the furnishing of any such services or appliances by
the employer shall not be construed as the payment o f compensation.
[(& ), (c ), (d), and {dr-1). No. change.]
(e)
Schedule—Permanent partial disabilities .— For injuries in the follow
ing schedule, the employee shall receive in addition to compensation dur
ing the period of temporary total incapacity for work resulting from such
injury, in accordance with the provisions of paragraphs (a ) and (b) o f this
section, compensation, for a further period, subject to the limitations as to
TEXT OF LAW S---- ILLINOIS
83
time and amounts fixed in paragraphs (&) and ( h ) of this section for the
specific loss herein mentioned, as follows, but shall not receive any compen
sation for such injuries under any other provisions of this act.
1. For the loss of a thumb, or the permanent and complete loss o f its use,
50 per cent of the average weekly wage during 70 weeks.
2. For the loss of a first finger, commonly called the index finger, or the
permanent and complete loss of its use-, 50 per cent of the average "weekly
wage during 40 weeks.
3. For the loss of a second finger, or the permanent and complete loss of
its use, 50 per cent o f the average weekly wage during 35 weeks.
4. For the loss of a third finger, or the permanent and complete loss of
its use, 50 per cent of the average w7eekly wage during 25 weeks.
5. For the loss of a fourth finger, commonly called the little finger, or the
permanent and complete loss of its use, 50 per cent of the average weekly
wage during 20 weeks.
6. 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.
7. 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.
8. For the loss of a great toe, 50 per cent of the average weekly wage
during 35 weeks.
9. For the loss o f each toe other than the great toe, 50 per cent of the
average weekly wage during 12 wTeeks.
10. The loss of the first phalange of any toe shall be considered to be
the equal to the loss of one-half of such toe, and compensation shall be one-half
o f the amount above specified.
11. The loss of more than one phalange shall be considered as the loss of
the entire toe.
12. For the loss of a hand or the permanent and complete loss o f its use, 50
per cent of the average weekly wage during 170 weeks.
13. For the loss of an arm or the permanent and complete loss of its use, 50
per cent of the average weekly wage during 225 weeks.
14. For the loss of a foot or the permanent and complete loss of its nse, 50
per cent of the average weekly wage during 135 weeks.
15. For the loss of a leg or the permanent and complete loss of its use, 50
per cent of the average weekly wage during 190 weeks.
16. For the loss of the sight of an eye or for the permanent and complete
loss of its use, 50 per cent of the average weekly wage during 120 weeks.
17. For the permanent partial loss of use of a member or sight of an eye, 50
per cent of the average weekly wage during that portion of the number of
weeks in the foregoing schedule provided for the loss of such member or sight,
of an eye which the partial lossi o f use thereof bears to the total loss of use of
such member or sight of eye.
17%. In computing the compensation to be paid to any employee who, before
the accident for which he claims compensation, had before that time sustained
an injury resulting in the loss by amputation or partial loss by amputation
of any member, including hand, arm, thumb or fingers, leg, foot, or any toes,
such loss or partial loss of any such member shall be deducted from any award
made for the subsequent injury, and for the permanent total loss of use or the
permanent partial loss of use of any such member for which compensation has
been paid, then such loss shall be taken into consideration and deducted from
any award for the subsequent injury.
18. The loss of both hands, or both arms, or both feet or both legs, or both eyes,
or of any two thereof, suffered in one accident, or the permanent and complete
loss of use thereof, suffered in one accident shall constitute total and permanent
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 construed as excluding other cases: Provided further,
That any employee who has in a previous and independent accident suffered
the loss or permanent and complete loss of the use of any one of said members,
and in a subsequent independent accident loses another or suffers the per
manent and complete loss of the use of any one of said members, the employer
for whom the injured employee is working at the time of said last independent
84
PART V. TEXT OF LAW S, ITSriTED STATES, 1 9 2 7 - 2 8
accident shall be liable to pay compensation only for the loss or permanent and
complete loss of the use o f the member occasioned by said last independent
accident.
(f) In case of complete disability, which renders the employee wholly and
permanently incapable of work, compensation equal to 50 per cent of his earn
ings but not less than $7.50 nor more than $14 per week, commencing on the day
after the injury and continuing 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), section 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
surviving, as provided in said paragraph {a), section 7. Such pension shall
not be less than $10 per month and shall be payable monthly: Provided, Any
employee who receives an award under this paragraph and afterwards returns
to work, or is able to do so, and who earns or is able to earn as much as before
the injury, payments under such award shall cease; if such employee returns
to work or is able to do so and earns or is able to earn part but not as much
as before the injury, such award shall be modified so as to conform to an award
under paragraph (d) of this section: Provided, further, That disability as
enumerated in subdivision 18, paragraph {e) of this section shall be considered
complete disability. If an employee who had previously incurred loss or the
permanent and complete loss of use of one member through the loss or the
permanent and complete loss of the use of one hand, one arm, one foot, one
leg, or one eye incurs permanent and complete disability through the loss or
the permanent and complete loss of the use of another member, he shall receive,
in addition to the compensation payable by the employer and after such pay
ments have ceased, an amount from the special fund provided for in paragraph
( e ) of section 7, which, together with the compensation payable from the em
ployer in whose employ he was when the last injury was incurred, will equal
the amount payable for permanent and complete disability as provided in
this paragraph of this section.
In its award the commission or the arbitrator shall specifically find the
amount the injured employee shall be weekly paid, the number of weeks’ com
pensation which shall be paid by the employer, the date upon which payments
shall begin out of the fund provided for in paragraphs (d) and ( e ) of section 7
of this act, the length of time said weekly payments shall continue, the date
upon which the pension payments shall commence, and the monthly amount of
said payments. A certified copy of said award and the judgment of any court of
competent jurisdiction affirming same shall be, by the industrial commission,
sent to the State treasurer by registered mail. It shall be the duty of said
State treasurer, 30 days after the date upon which payments out of said fund
shall be commenced as provided in said award, and every month thereafter,
to mail to the said injured employee direct, or, at the option of said treasurer,
to some bank in the county in which he resides for delivery to him a check
or draft payable out of said special fund, for all compensation accrued to that
date at the rate fixed in said award. Said check or draft on the back thereof
shall designate the style and docket number of the cause and the period of
time for which it pays, and shall be accompanied by a duplicate receipt, on a
form to be supplied by the industrial commission, which receipt shall be
executed in duplicate by the injured employee and returned to the treasurer,
who shall retain one thereof and shall mail one to the said industrial com
mission. Said draft, check, or receipts shall be a full and complete acquittance
to the said State treasurer for the payment out of said fund, and no other
appropriation or warrant except the certified copy of said award and judgment
of said court shall be necessary to warrant payment out of said fund. The
said fund shall be always considered as appropriated for the purpose of making
payments according to the terms of said awards.
(g) [No change.]
(h) In no event shall the compensation to be paid exceed 50 per cent o f the
average weekly wage, or exceed $14 per week in amount; nor, except in case
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 mentally 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
TEXT OF LAW S---- ILLINOIS
85
mentally incompetent, claim and exercise any such right or privilege with the
same force and effect as if the employee himself had been mentally 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 mentally incompetent
employee is without a conservator or a guardian.
( i ) and ( /) [No change.]
(k) In case the injured employee is under 16 years of age at the time of the
injury and is illegally employed, the amount of compensation payable under
paragraphs (&), (c ), (d), ( e ), and ( f ) of this section shall be increased 50
per cen t: Provided , however, That nothing herein contained shall be construed
to repeal or amend the provisions of an act concerning child labor, approved
June 26, 1917, as subsequently amended relating to the employment of minors
under the age of 16 years.
[Section 12 was amended to read as follow s:]
Sec. 12,. Medical examination .—An employee entitled to receive disability
payments shall be required, if requested by the employer, to submit himself, at
the expense of the employer, for examination to a duly qualified medical prac
titioner or surgeon selected by the employer, at any time and place reasonably
convenient for the employee, for the purpose of determining the nature, extent,
and probable duration of the injury received by the employee, and for the
purpose of ascertaining the amount of compensation w7hich may be due the
employee from time to time for disability according to the provisions of this
a c t: Provided, An employer requesting such an examination shall pay in advance
of the time fixed for the examination sufficient money to defray the necessary
expense of travel by the most convenient^ means to and from the place of
examination, and the cost of meals necessary during- the trip, and if the ex
amination or travel to and from the place of examination causes any loss of
working time on the part of the employee, the employer shall reimburse him
for such loss of wages upon the basis of his average daily wage: 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: Provided further, That such examination shall not
be made on the day of the hearing. In all cases where the examination is
made by a surgeon engaged by the employer, and the injured employee has no
surgeon present at such examination, it shall be the duty of the surgeon making
the examination at the instance of the employer, upon request of the employee
to deliver to the injured employee, or his representative, a statement in writing
of the condition and extent of the injury to the same extent that said surgeon
reports to the employer and the same shall be an exact copy of that furnished
to the employer, said copy to be furnished the employee, or his representative, at
least five days before the day the case is set for hearing. Such delivery shall
be made in person either to the employee or his representative, or by registered
mail to either, and the receipt of either shall be proof of such delivery. If
such surgeon refuses or willfully fails to furnish the employee such statement
to the same extent as that furnished the employer, said surgeon shall not be
permitted to testify at the hearing next following said examination. If the
employee refuses so to submit himself to examination or unnecessarily 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 injured employee who is likely to die, and treating him at the instance 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 beneficiaries, to make an examination before the death of such
injured employee.
[Section 14 (industrial board) was amended by requiring the commission to
appoint an assistant secretary and a security supervisor at a salary of $4,000
a year each, and the salary of arbitrators is increased from $4,200 to $5,000
a year.
[Section 16 (same) (as amended 1925, p. 378) was amended so that detailed
provision is made for taking deposition of witnesses residing in a foreign
country; also the fee for a copy of a transcript of testimony taken before the
board or arbitrator is increased from 6 to 8 cents per 100 words.
[Section 19 (arbitration) (as amended 1925, p. 378) was amended by provid
ing that an argument before a majority of the commission may be had upon
written demand filed at least five days before the date of hearing, instead of
86
PART V. TEXT OF LAW S, U NITED STATES, 1 9 2 7 - 2 8
within five days before commencement of the taking of testimony as hitherto
provided.
[Section 24 (notice; claim) (as amended 1919, p. 538; 1921, p. 446; 1925, p.
378) was amended so that in the case of claimant’s mental incapacity, the limita
tion of time does not begin to run until the appointment of a conservator or
guardian.
[Section 26 (as amended 1919, p. 538) was amended to read as follow s:]
Sec. 26. Security .— (a ) Any employer who shall come within the provisions
of section 3 of this act, and any other employer who shall elect to provide and
pay the compensation provided for in this act shall:
(1) File with the commission a sworn statement showing his financial ability
to pay the compensation provided for in this act, the affidavit to which state
ment shall be signed and sworn to by the president or vice president and secre
tary or assistant secretary of said employer if it be a corporation, or by all o f
the partners if it be a copartnership, or by the owner if it be neither a copart
nership nor a corporation, or
(2) Furnish security, indemnity, or a bond guaranteeing the payment by the
employer of the compensation provided for in this act, or
(3) Insure to a reasonable amount his liability to pay such compensation in
Some corporation or organization authorized, licensed, or permitted to do such
insurance business in this State, or
(4) Make some other provision, satisfactory to the industrial commission,
for the securing of the payment of compensation provided for in this act, and
(5) Upon becoming subject to this act and thereafter as often as the com
mission may in writing demand, file with the commission in form prescribed by
it evidence of his compliance with the provisions of this paragraph.
(b) The sworn statement of financial ability, or security, indemnity or bond,
or amount of insurance, or other provisions, filed, furnished, carried, or made
by the employer, as the case may be, shall be subject to the approval of the
commission, upon the approval of which the commission shall send to the
employer written notice of its approval thereof. The filing with the commission
of evidence of compliance with paragraph (a) of this section as therein pro
vided shall constitute such compliance until 10 days after written notice to the
employer of the disapproval by the commission.
(c) Whenever the industrial commission shall find that any corporation,
company, association, aggregation of individuals, reciprocal or interinsurers’
exchange, or other insurer affecting workmen’s compensation insurance in
this State shall be insolvent, financially unsound, or unable to fully meet
all payments and liabilities assumed or to be assumed for compensation insur
ance in this State, or shall practice a policy of delay or unfairness toward
employees in the adjustment, settlement, or payment of benefits due such
employees, the said industrial commission may after reasonable notice and
hearing order and direct that such corporation, company, association, aggrega
tion of individuals, reciprocal or interinsurer exchange, or insurer, shall from
and after a date fixed in such order discontinue the writing of any such
workmens’ compensation insurance in this State. Subject to such modifica
tion of said order as the commission may later make on review of said order,
as herein provided, it shall thereupon be unlawful for any such corporation,
company, association, aggregation of individuals, reciprocal or interinsurers’
exchange, or insurer to effect any workmen's compensation insurance in this
State. All orders made by the industrial commission under this section shall
be subject to review by the courts, said review to be taken in the same man
ner and within the same time as provided by section 19 of this act for review
of awards and decisions of the industrial commission* upon the party seeking
said review filing with the clerk of the court to winch said review is taken
a bond in an amount to be fixed and approved by the judge o f the court to
which said review is taken, conditioned upon the payment of all compensation
awarded against said person taking said review pending a decision thereof:
Provided, That upon said review the circuit court shall have power to review
all questions of fact as well as of la w : Provided, That the penalty hereinafter
provided for in this section shall not attach and shall not begin to run until
the final determination of the order of the commission.
{d) The failure or neglect of an employer to comply with any o f the pro
visions of paragraph (a ) of this section shall be deemed a misdemeanor pun
ishable by a fine of not less than $100 nor more than $500 for each day of such
refusal or neglect until the same ceases. Each day of such refusal or neglect
shall constitute a separate offense.
TEXT
OF LA W S-----ILLINOIS
87
In all prosecutions under this section the venue may be in any county wherein
said employer or insurance carrier has property or maintains a principal office.
Upon the failure or refusal of any employer or insurance carrier to comply
with the orders o f the industrial commission under this section, or the order
o f the court on review after final adjudication, it shall be the duty of the
industrial commission to immediately report said failure or refusal to> the
State’s attorney of any county wherein said employer or insurance carrier
has its property or maintains a principal office and it shall be the duty of said
State’s attorney, within 30 days after receipt of said notice, to institute prose
cutions and promptly prosecute all reported violations of this section.
[Section 30 (reports of accidents) was amended so that the employer is
now required to report only injuries arising out of and in the course of em
ployment, instead o f those arising out of or in the course of employment, as
heretofore.]
IN D IA N A
[The compensation law o f this State (Acts of 1915, ch. 106) was amended
only by chapter 34, Acts of 1927. The change is noted below.
[Section 40, was repealed and reenacted by chapter 34, Acts of 1927, to read
as follow s:]
Sec. 40. Basic wages .— In computing compensation under the workmen’s
compensation act the average weekly wages of an employee shall be con
sidered not to be more than $30 nor less than $16: Provided, That the weekly
compensation payable shall in no case exceed the average weekly wage of
the employee at the time o f the in ju ry: And provided further, That the maxi
mum compensation which shall be paid for any injury, under any provision
of the act or under any combination of its provisions shall not exceed $5,000
in any case.
IO W A
[The compensation law of this State was amended by chapter 32, Acts of 1927.
The changes are indicated below.
[Section 1403 (payment to spouse) of the Iowa code, 1924, was amended
by chapter 32, Acts of 1927, by striking out the period following the word
“ section” at the end of line 4, and inserting a semicolon and adding the
following:]
“ Provided, That where a deceased employee leave a surviving spouse and
a child or children under 16 years of age, or over said age if physically or
mentally incapacitated from earning, the industrial commissioner may make
an order of record for an equitable apportionment of the compensation pay
ments.’’
89
KANSAS
[The compensation law o f this State was amended and reenacted by chap
ter 232, Acts of 1927. The law now is as follow s:]
Section 1. Compensation, payable, when .— If in any employment to which
this act applies, personal injury by accident arising out of and in the course
of employment is caused to a workman, his employer shall, subject as here
inafter mentioned, be liable to pay compensation to the workman in accordance
with the provisions o f this act. Save as herein provided no such employer
shall be liable for any injury for which compensation is recoverable under
this act: Provided , That (a) the employer shall not be liable under this act in
respect of any injury which does not disable the workman for a period of
at least one week from earning full wages at the work at which he is em
ployed; (&) if it is proved that the injury to the workman results from his de
liberate intention to cause such injury, or from his willful failure to use a guard
or protection against accident required pursuant to any statute and provided
for him, or a reasonable and proper guard and protection voluntarily furnished
him by said employer, or solely from his intoxication, any compensation in
respect to that injury shall be disallowed.
Sec. 2. Fines, etc .— Nothing in this act shall affect the liability of the
employer or employee to a fine or penalty under any other statute.
Sec. 3. Contractors.— (a ) Where any person (in this section referred to as
principal) undertakes to execute any work which is a part o f his trade or
business or which he has contracted to perform and contracts with any other
person (in this section referred to as the contractor) for the execution by or
under the contractor o f 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 compensation is claimed from or proceedings are taken against the
principal, then in the application of this act, references to the principal shall
be substituted for references to the employer, except that the amount of
compensation shall be calculated with reference to the earnings o f the workman
under the employer by whom he is immediately employed, (b) 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 compen
sation to the workman independently o f this section, and shall have a cause of
action therefor, (c) Nothing in this section shall be construed as preventing
a workman from recovering compensation under this act from the contractor
instead of the principal, (d) This section shall not apply to any case where
the accident occurred elsewhere than on, in, or about the premises on which
the principal has undertaken to execute work or which are otherwise under
his control or management, or on, in, or about the execution of such work under
his control or management. ( e ) A principal contractor, when sued by a
workman of a subcontractor, shall have the right to implead the subcontractor.
( f ) The principal contractor who pays compensation to a workman of a
subcontractor shall have the right to recover over against the subcontractor.
Sec. 4. Injuries by third parties .—When the injury or death for which com
pensation is payable under this act was caused under circumstances creating
a legal liability against some person other than the employer to pay damage,
the injured workman or his personal representative shall within 90 days of
the date o f receiving said injury elect whether to take compensation under
his act or to pursue his remedy against such other person. Such election
must be in writing and must be delivered to the employer in person or by
registered mail, and the acceptance of compensation by an injured workman
shall be construed as a positive election to accept compensation under this
section. Failure on the part of the injured employee or his personal represen
tative to file a written election with the employer within 90 days that he will
pursue his remedy against the negligent third party shall operate as an election
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TEXT OF LAWS---- ILLINOIS
91
to accept compensation and as an assignment of any cause o f action in tort
which the employee or his personal representative may have against any
other party for such injury or death, and such employer may enforce in his
own name, or the name of the workman, the liability of such other party for
their benefit as their interests may appear.
Sec. 5. Scope of law.— That this act shall apply only to employment in the
course of the employer’s trade or business in the following hazardous employ
ments : Railway, motor transportation line, factory, mine or quarry, electric,
building or engineering work, laundry, natural gas plant, county and municipal
work, and all employments wherein a process requiring the use of any dan
gerous explosive or inflammable materials is carried on, each of which employ
ments are hereby determined to be especially dangerous, in which from the
nature, conditions or means of prosecution of the work therein, extraordinary
risk to the life and limb of the workmen engaged therein are inherent, neces
sary, or substantially unavoidable, and as to each of which employments it
is deemed necessary to establish a new system of compensation for injuries
to workmen. This act shall not apply in any case where the accident occurred
before this act takes effect, and all rights which have accrued, by reason of any
such accident, at the time of the publication of this act, and the remedies now
existing therefor, shall be saved, and the court shall have the same power as
to them as if this act had not been enacted. Agricultural pursuits and employ
ments incident thereto are hereby declared to be nonhazardous and exempt
from the provision of this act: Provided, That employers whose work, trade,
or business is not such as described and included in this section of this act,
and employers commencing or renewing in this State any work, trade, or busi
ness, may elect to come within the provisions of this act by filing with the
commission a written statement of election to accept thereunder and such elec
tion shall be effective when so filed, and such election shall continue in effect
unless and until such employer thereafter desiring to change his election shall
do so by filing a written declaration thereof with the commission, and the
employee of any such employer so filing such election shall be included herein
unless such employee elects not to come within this act as provided by section
51 of this act, and if the employee of such employer elects not to come within
the provisions of this act, as herein provided, such election shall continue in
effect unless and until such employee thereafter desiring to change his election
shall do so by filing a written declaration thereof with the commission.
Seo. 6. Interstate commerce.— This act shall not be construed to apply to
business or employment which, according to law, are so engaged in interstate
commerce as to be not subject to the legislative power of the State, nor to per
sons injured while they are so engaged: And provided, That this act shall
apply also to injuries sustained outside the State where the contract of employ
ment was made within the State, unless such contract otherwise specifically
provides.
S e c . 7. Small employers.— It is hereby determined that the necessity for this
law and the reason for its enactment exists only with regard to employers who
employ a considerable number of persons. This act, therefore, shall only apply
to employers by whom five or more workmen have been employed within the
State of Kansas continuously for more than one month at the time of the
accident. Provided, however, That employers having less than five workmen
may elect to come within the provisions of this act, in which case his employees
shall be included herein, as hereinafter provided: And provided further, That
this act shall apply to mines and building work without regard to the number
of wrorkmen employed or the period of time employed.
Seo. 8. Definitions.— In this act, unless the context otherwise requires: (a)
“ Railway ” includes street railways and interurbans; and “ employment on
railways ” includes work in depots, power houses, roundhouses, machine shops,
yards, and upon the right of way, and in the operation of its engines, cars, and
trains, and to employees of express companies while running on railroad trains,
except as provided in section 44-506 of Revised Statutes of 1923. (6) “ Fac
tory ” means any premises wherein power is used in manufacturing, making,
altering, adapting, ornamenting, finishing, repairing, or renovating any article
or articles for the purpose of trade or gain of the business carried on therein,
including expressly any brick yard, meat-packing house, foundry, smelter, oil
refinery, lime-burning plant, steam-heating plant, electric-lighting plant, electricpower plant, and water-power plant, grain elevator, powder plant, blast furnace,
paper mill, printing plant, flour mill, glass factory, beet-sugar factory, cement
46675°— 29------- 7
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PART V. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
plant, artificial gas plant, machine or repair shop, salt plant, and chemical
manufacturing plant, (c) “ M ine” means any opening in the earth for the
purpose of extracting any minerals and all underground workings, slopes, shafts,
galleries, and tunnels, and other ways, cuts, and openings connected therewith,
including those in the course of being opened, sunk, or driven, prospecting for
and obtaining petroleum and natural gas, and all other valuable products
formed or existing beneath the earth’s surface; and includes all the appurtenant
structures at or about the openings of the mine, and any adjoining adjacent
workplace where the materials from the mine is prepared for use or shipment.
( d) “ Quarry” means any place, not a mine, where stone, slate, clay, sand,
gravel, or other solid materials are dug or otherwise extracted from the earth
for the purpose of trade or bargain, or of employers’ trade or business. ( 0)
“ Electrical work ” means any kind of work in or directly connected with the
construction, installation, operation, alteration, removal, or repair o f wires,
cables, switchboards or apparatus used for the transmission of electrical
current, or operation of telegraph or telephone lines, (f) “ Building w o rk ”
means any work in the erection, construction, extension, decoration, alteration,
repair, or demolition of any building or structural appurtenances, (g) “ En
gineering work ” means any wrork in the construction, alteration, extension,
repair, or demolition of a railway (as hereinbefore defined), bridge, jetty, dyke,
dam, reservoir, underground conduit, pole lines constructed or used for carrying
conductors, sewer, oil, or gas wrell, oil tank, gas tank, water tower, or waterworks
(including standpipes or mains), any caisson work or work in artificially
compressed air, any work in dredging, pile driving, moving buildings, moving
safes, construction and repairing of streets, roads, and highways, or in laying,
repairing, or removing underground pipes or connections; the erection, installing,
repairing, or removing of boilers, furnaces, engines, and power machinery (in
cluding belting and other connections), and any work in grading or excavating
where shoring is necessary or power machinery or blasting powder, dynamite,
or other high explosives are in use (excluding mining and quarrying), (h)
“ Employer ” includes any person or body of persons, corporate or unincorporate,
and the legal representative of a deceased employer or the receiver or trustee
or a person, corporation, association, or partnership; and when any mine,
quarry, factory, or other place covered by the provisions o f this act in which
work is being or to be performed, is leased or let to any lessee or lessees under
any form of contract or agreement other than on a royalty basis, then and in
all such cases the lessee or lessees and the lessor or lessors shall be deemed to
be operating said mine, quarry, factory, or other place described above as em
ployers jointly, (i) “ W orkman” means any person who has entered into the
employment of or works under contract of service or apprenticeship with an
employer. Any reference to a workman who has been injured shall, where the
workman is dead, include a reference to his dependents, as hereinafter defined,
or to his legal representatives, or where he is a minor or incompetent, to his
guardian. ( / ) “ Dependents” means such members of the workman’s family
as were wholly or in part dependent upon the workman at the time o f the
accident. “ Members of a family,” for the purpose of this act, means only legal
widow or husband, as the case may be, and children; or if no widow, husband,
or children, then parents or grandparents; or if no parents or grandparents,
then grandchildren; or if no grandchildren, then brothers and sisters. In the
meaning of this section parents include step-parents, children include step
children, and grandchildren include step-grandchildren, and brothers and sisters
include sitep-brothers and step-sisters, and children and parents include that
relation by legal adoption. In the meaning of this section a widow shall not be
regarded as a dependent of a deceased workman or as a member of the family,
if she shall have for more than six months willfully or voluntarily deserted or
abandoned him prior to the date of his death; and a husband, whether he is
capable of wTage earning or not, shall not, within the meaning of this section,
be regarded as a dependent of his deceased wife, nor as a member of her family
if he shall have for more than six months willfully or voluntarily deserted or
abandoned her prior to the time of her death, (k ) The words “ arising out of
and in the course of employment ” as used in this act shall not be construed to
include injuries to the employee occurring while he is on his way to assume the
duties of his employment or after leaving such duties, the proximate cause of
which injury is not the employer’s negligence.
Sec. 9. Incompetent persons.— (a ) In case an injured workman is mentally
incompetent or when death results from an injury in case any o f his depend
ents, as herein defined, is mentally incompetent at the time when any right,
TEXT OF LAW S---- KANSAS
93
privilege, or election accrues to him under this act, his guardian may, on his
behalf, claim and exercise such right, privilege, or election, and no limitation
of time in this act provided for, shall run, so long as such incompetent has
no guardian.
Sec. 10. Medieal, etc., treatment; schedule of payments.—The amount o f
compensation under this act shall be: (1) It shall be the duty o f the employer
to provide the services o f a physician or surgeon and such medical, surgical,
and hospital treatment, including nursing, medicines, medical and surgical sup
plies, ambulance, crutches, and apparatus, as may be reasonably necessary
to cure and relieve the workman from the effects of the in ju ry; but the cost
thereof shall not be more than $100, nor shall the period of time during
which same are to be provided exceed 60 days from date of accident: Provided,
That in extreme cases the commission may, after proper showing, require the
employer to provide additional medical, surgical, and hospital treatment in
an amount not in excess of $100: And provided further, That all fees and
charges under this section shall be fair and reasonable, shall be subject to
regulation by the commission, and shall be limited to such as are fair and
reasonable for similar treatment of injured persons of a like standard of living.
The commission shall have jurisdiction to hear and determine all disputes as
to such charges. No employer shall be liable for any medical, surgical, or
hospital treatment, including nursing, medicines, medical, and surgical sup
plies, ambulance, crutches, and apparatus, nor for any physician’s or surgeon’s
fees in excess of the amounts hereinbefore expressed. If the employer has
knowledge of the accidental injury and refuses or neglects to* seasonably pro
vide the benefits herein required, the employee may provide the same for
himself and the employer shall be liable for such expense subject to the limi
tations herein expressed: Provided further, That if the services of the physician
or surgeon furnished as above provided are not satisfactory to the injured work
man the commission may authorize the appointment of some other physician
or surgeon, subject to the limitations as to total charges for the benefits in this
section provided and the period over which same shall extend as hereinbefore
expressed.
(2) (a) If a workman leaves any dependents wholly dependent upon his
earnings, a sum equal to three times his average yearly earnings, computed as
provided in section 11 o f this act, but not exceeding $4,000 and not less than
$1,400: Provided , That any payment under this act on account of any injury
from which death shall thereafter result, except such payments as may be
made under paragraph 1 of this section, shall be deducted from such sum : And
provided, however, That if the workman does not leave any dependents, citi
zens of and residing at the time of the accident and injury in the United
States, the amount of compensation shall not exceed in any case the sum of
$750. (&) I f a workman does not leave any such dependents, but leaves
dependents in part dependent on his earnings, such percentage of the sum
provided in paragraph 2 (a) of this section as the average annual contribu
tions which the deceased made to the support of such dependents during the
two years preceding the injury bears to his average annual earnings during
such two years, (c) The commission shall have the power and authority to
apportion the compensation allowed under either subsection (a) or subsection
(&) hereof in accordance with the degree of the dependency as of the date
of the accident: Provided, That weekly payments of compensation to all
dependents shall not exceed the maximum weekly payment provided in this
section, (d) In all cases of death hereunder the employer shall pay the
reasonable expenses of burial not exceeding $150. Marriage of any dependent
shall terminate all compensation of such dependent, but shall not affect the
compensation allowed other dependents. When any minor dependent, not
physically or mentally unable of wage earning, shall become 18 years of age
£uch compensation shall cease.
(3) (a) Where total permanent disability results from the injury, no com
pensation shall be paid during the first week o f the disability, except that pro
vided in paragraph 1 of this section, but after the expiration of said first
week, payment shall be made as provided herein during such permanent total
disability of a sum equal to 60 per cent of the average weekly earnings of the
injured workman computed as provided in section 11 of this act, but in no
case less than $6 per week, nor more than $18 per week. The payment of
compensation for total permanent disability shall not extend over a period
exceeding eight years from date of injury. Loss of both eyes, both hands,
both arms, both feet, or both legs shall, in the absence of proof to the con
94
PART V. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
trary, constitute a total permanent disability. Substantially total paralysis,
or incurable imbecility or insanity, resulting from an injury independent of
all other causes, shall constitute total permanent disability. In all other
cases total permanent disability shall be determined in accordance with the
facts. (b) Where temporary total disability results from the injury no
compensation shall be paid during the first week of disability, except that
provided in paragraph 1 of this section, but after the expiration of said
first week payment shall be made in accordance with the provision# of this
act, during such temporary total disability, of a sum equal to 60 per cent
of the average weekly earnings of the injured workman, computed as provided
in section 11 of this act, but in no case less than $6 per week nor more
than $18 per week: Provided, That where such temporary total disability
is followed by temporary partial disability, the compensation shall be 60
per cent of the difference between his average weekly wages before the accident
and the average weekly wages he is earning or is physically able to earn
during such period of temporary partial disability, in any employment, not
exceeding, however, $18 per week: Provided, The minimum of $6 per week
elsewhere provided for in this act shall not apply to compensation under this
provision, and such payment shall not extend over a longer period than 415
weeks from the date of the accident, (c) Where disability, partial in character
but permanent in quality, results from the injury, the injured workman shall
be entitled to the compensation provided in paragraph 1 of this section, but
shall not be entitled to any other or further compensation for or during
the first week following the injury. Thereafter compensation shall be paid
as provided in the following schedule, the average weekly wages to be com
puted as provided in section 11 of this act, and the compensation in no case
to be more than $18 per w eek:
(1) For the loss o f a thumb, 60 per cent o f the average weekly wages during
60 weeks.
(2) For the loss of a first finger, commonly called the index finger, 60 per
cent of the average weekly wages during 37 weeks.
(3) For the loss o f a second finger, 60 per cent of the average weekly wages
during 30 weeks.
(4) For the loss o f a third finger, 60 per cent of the average weekly wages
during 20 weeks.
(5) For the loss of a fourth finger, commonly called the little finger, 60
per cent of the average weekly wages during 15 weeks.
(6) The loss of the first phalange of the thumb or o f any finger shall be
considered to be.equal to the loss of one-half of such thumb or finger, and the
compensation shall be one-half of the amounts specified above. The loss of
the first phalange and any part of the second phalange o f any finger, which
includes the loss of any part of the bone of such second phalange, shall be
considered to be equal to the loss of two-thirds of such finger, and the com
pensation shall be two-thirds the amount specified above. The loss of the first
phalange and any part of the second phalange of a thumb, which includes the
loss of any part of the bone of such second phalange, shall be considered to be
equal to the loss of the entire thumb. The loss of the first and second phalanges
and any part of the third proximal phalanges of any finger, which includes
loss of any part of the bone of O e third or proximal phalange, shall be con
sidered as the loss of the entire V nger.
(7) For the loss of a great toe, 60 per cent of the average weekly wages
during 30 weeks.
(8) For the loss of any other toe than the great toe, 60 per cent o f the
average weekly wages during 10 weeks.
(9) For the loss o f the first phalange of any toe shall be considered to be
equal to the loss of one-half of such toe, and the compensation shall be onehalf of the amount above specified.
(10) The loss of more than one phalange of a toe shall be considered to be
equal to the loss of the entire toe.
(11) For the loss of a hand, 60 per cent of the average weekly wages during
150 weeks.
(12) For the loss o f an arm, 60 per cent of the average weekly wages during
210 weeks.
(13) For the loss of a foot, 60 per cent of the average weekly wages during
125 weeks.
(14) For the loss of a leg, 60 per cent of the average weekly wages during
200 weeks,
TEXT OF LAW S---- KANSAS
95
(15) For the loss of an eye, or the complete loss of the sight thereof, 60
per cent of the average weekly wages during 110 weeks.
(16) Amputation or severance between elbow and wrist shall be considered
as the loss of a hand. Amputation at or above the elbow shall be considered as
the loss of an arm. Amputation between knee and ankle shall be considered
as the loss of a foot. Amputation at or above the knee shall be considered as
the loss of a leg.
(17) For the complete loss of hearing of both ears, 60 per cent o f the average
weekly wages during 100 weeks.
(18) For the complete loss of hearing of one ear, 60 per cent o f the average
weekly wages during 25 w^eeks.
(19) Permanent loss of the use of a finger, thumb, hand, arm, toe, foot, or
leg, or the permanent loss of the sight of an eye or the hearing of an ear, shall
be equivalent to the loss thereof. For? the permanent partial loss of the use of
a finger, thumb, hand, arm, toe, foot, or leg, or the sight of an eye or hearing
o f an ear, compensation shall be paid at 60 per cent of the average weekly
wages, not in excess of $18 per week, during that proportion o f the number o f
weeks in the foregoing schedule provided for loss of such finger, thumb, hand,
arm, toe, foot, or leg, or the sight of an eye or hearing of an ear, which the
partial loss thereof bears to the total loss o f a finger, thumb, hand, arm, toe,
foot, or leg, or the sight of an eye or hearing o f an e a r ; but in no event shall
the compensation payable hereunder for such partial loss exceed the compensa
tion payable under the schedule for the total loss of such finger, thumb, hand,
arm, toe, foot, or leg, or the sight of an eye or hearing of an ear.
(20) For traumatic hernia, 60 per cent o f the average weekly wage during
12 weeks.
(21) Whenever the workman is entitled to compensation for a specific injury
under the foregoing schedule, the same shall be exclusive of all other com
pensation except the benefits provided in paragraph 1 of this section, and no
additional compensation shall be allowable or payable for either temporary or
permanent disability: Provided, hoivever, That the commission, arbitrator, or
committee may, in proper cases, allow additional compensation during the
actual healing period, such period not to be more than 10 per cent o f the total
period allowed for the schedule injury in question, nor in any event for longer
than 15 weeks: Provided further, That the return of the workman to his usual
occupation shall terminate the healing period.
(22) Should the employer and the employee be unable to agree upon the
amount o f compensation to be paid in any case of injury not covered by the
schedule, the amount of compensation shall be settled according to the provi
sions of this act as in other cases of disagreement: Provided, however, In
case of temporary or permanent partial disability not covered by schedule the
workman shall receive during such period of temporary or permanent partial
disability not exceeding 415 weeks, 60 per cent of the difference between the
amount he was earning prior to said injury as in this act provided and the
amount he is able to earn after such injury in any employment, such com
pensation in no case to exceed $18 per week: Provided further, That the mini
mum of $6 per week elsewhere provided in this act shall not apply to injuries
covered by the provisions of this paragraph.
(23) I f a workman has received an injury for which compensation is being
paid him, and his death is caused by other and independent causes, any pay
ments of compensation already due him at the time of his death and then
unpaid shall be paid to his dependents direct, or to his legal representatives if
he left no dependents, but the liability of the employer for payments of com
pensation not yet due and payable at the time of the death o f such workman
shall cease and be abrogated by his death.
(24) I f a workman has suffered a previous disability and received a later
injury the effects o f which, together with the previous disability, shall result in
total permanent disability, then and in that event the compensation due said
workman shall be the difference between the amount provided in the schedule o f
this section for his prior injury and the total sum which would be due said
employee for such total disability computed as provided in section 11 o f this act,
but in no case less than $6 per week nor more than $18 per week.
(25) The total amount of compensation that may be allowed or awarded an
injured workman for all injuries received in any one accident shall in no event
exceed the compensation provided for in this act for total permanent disability.
(26) Where a minor or his dependents are entitled to compensation under
the provisions of this act, such compensation shall be exclusive, of all other
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PART Y. TEXT OF LAW S, UNITED STATES, 19 2 7 - 2 8
remedies or causes of action for such injury or death, and no claim or cause of
action against said employer shall inure or accrue to or exist in favor o f the
parent or parents of such minor employee on account of any damage resulting
to such parent or parents on account of the loss of earnings or loss o f service
of such minor employee. In a,ny case of injury to or death o f a female em
ployee, where the said female employee or her dependents are entitled to
compensation under the provisions of this act, such compensation shall be
exclusive of all other remedies or causes of action for such injury or death, and
no claim or action shall inure, accrue to, or exist in favor o f the surviving
husband or any relative or next of kin of such female employee against such
employer on account of any damage resulting to such surviving husband or any
relative or next of kin on account of the loss of earnings, services, or society
of such female employee, or on any other account, resulting from or growing
out of the injury or death of such female employee.
Sec. 11. Earnings computed, how.— 1. The average annual earnings of a work
man shall, for the purpose of the provisions of this act, be computed as follow s:
(a ) Where the workman has been continuously employed by the same employer
for one year or longer, the actual amount of money paid by the employer to the
employee as wages or remuneration for his services during the year imme
diately preceding the injury, undiminished by loss due to absence from work
on account of illness or other unavoidable cause. (&) WThere the workman has
been employed less than one year by the employer in whose employ he received
the injury, fifty-two times the average weekly amount, which during the 12
months immediately preceding the accident, was being earned by a person in the
same grade employed at the same work by the same employer, undiminished by
loss due to absence from work on account of illness or other unavoidable cause;
and if there is no person in the same grade employed at the same work by the
same employer, then fifty-two times the average weekly earnings of a person in
the same grade employed by the same or other employer in the same district at
the same or similar work or employment, (c) Where the workman has entered
into concurrent contracts o f service with two or more employers under which
he worked at one time for one such employer and at another time for another
such employer, his average annual earnings shall be computed as if his earnings
under all such contracts were earnings in the employment of the employer for
whom he was working at the time of the injury, (d) Where the employer has
been accustomed to pay to the workman a sum to cover any special expenses
entailed upon him by the nature of his employment, the sums so paid shall not
be reckoned as part of the earnings of the workman; nor shall tips nor gratuities
received from the employer or other persons be considered or included as a part
of the workman’s earnings, but reasonable value o f board, rent, housing, lodging,
fuel, or other similar advantages received from the employer as a part o f the
remuneration of the employee and the value of wThich can be estimated in
money, shall be considered and included as a part of the workman’s earnings.
( e ) I f proceedings are necessary to establish the amount of compensation, credit
shall be given to the employer by the arbitrator, arbitration committee, or com
mission for any amounts paid under this a,ct prior to the date of the award.
2. The average weekly wages of a workman shall be one fifty-second part
of his average annual earnings computed as provided by paragraph 1 of this
section.
3. In computing average earnings of a workman under the preceding para
graphs of this section regard shall be had to the earnings for what is com
monly regarded as a day’s work or a week’s work for the employment on
which the average earnings are calculated.
4. I f a workman has suffered a previous disability and receives a later
injury, his average earnings used as a basis for the compensation for such
later injuries shall be such amount as will reasonably represent his earning
capacity at the time of the later injury in the employment at which he was
working at such time.
Sec. 12. Payments .— The payments shall be made at the same time, place,
and in the same manner as the wages of the workman were payable at the
time of the accident, but the commission upon the application of either party
may modify such regulation in a particular case as to the commission may
seem just.
Sec. 13. Payment to dependents.— Where death results from the injury and the
dependents of the deceased workman, as herein defined have agreed to accept
compensation, and the amount of such compensation and the apportionment
TEXT OF LAW S---- KANSAS
97
thereof between them has been agreed to or otherwise determined, the em
ployer may pay such compensation to them accordingly (or to an administrator
i f one be appointed) or into any district court having jurisdiction and there
upon be discharged from all further liability for the injury. Where only the
apportionment of the agreed compensation between the dependents is not
agreed to, the employer may pay the amount into the commission, or to the
administrator of the deceased workman, or into any district court having
jurisdiction with the same effect. Where the compensation has been so paid
the commission, or such court upon the application of such administrator or
any of such dependents, and upon such notice and proof as it may order shall
determine the distribution thereof among such dependents. Where there are
no dependents, medical and funeral expenses may be paid and distributed in
like manner.
Sec. 14. Payments exempt from execution .— No claim for compensation, or
compensation agreed upon, awarded, adjudged, or paid, shall be assignable or
subject to levy, execution, attachment, garnishment, or any other remedy or
procedure for the recovery or collection of a debt, and this exemption can not
be waived.
S e c s . 15-18. Medical examinations.— [An injured workman must submit him*
self to any one or more reputable physicians selected by the employer, but he
shall not be required to submit himself oftener than twice in any one month.
I f employee is required to be examined by a physician at a place other than
his residence he must be furnished with transportation funds and in addition $3
per day to defray his board and lodging while away. The employee is entitled to
have his own physician present at all examinations, and unless such physician
has a reasonable opportunity to participate in the examination in the presence
of the employer’s physician, the latter will not be permitted to give evidence,
as to matters in dispute. An examination may be made by one or more neu
tral physicians, not exceeding three, at the instance of a committee, arbitrator,
or commission. Refusing, obstructing, or preventing examination suspends
compensation for such period of refusal, etc. Proceedings may be dismissed
against employer where employee refuses to submit himself to examination.
Reports of physicians must be supported in any court proceedings by their
testimony.]
Secs. 19-28. Procedure .— [Notice of an accident must be given to the
employer 10 days thereafter; and claim for compensation within 90 days
after the accident, must be made by registered mail, or within 6 months after
the death of the injured employee if death results from the injury within 3
years after the date of the accident. Want of notice or any defect shall not
be a bar unless the employer prove that he has been prejudiced thereby.
Compensation may be settled by agreement, but if not, a committee representa
tive of the parties may act as arbitrators selected, in the absence of objection
by either party. I f there is no committee or objection is made or the reference
is not determined within 30 days, a single arbitrator agreed upon by the
parties may settle it, and in default of agreement between the parties the
commission shall hear and determine the matters presented. A committee,
arbitrator, commission, or court is bound by technical rules o f procedure,
but must act reasonably and without partiality. The finding is to be filed
in the office of the commission within 30 days after the hearing. The parties
may agree to extend the time. An award must be made within 30 days.
Arbitrator’s fees are to be fixed by the consent to arbitration agreed to by
the parties or if not, they shall not exceed $10 per day for not more than
five days, with expenses. Costs are to be taxed or apportioned in the dis
cretion of the arbitrator.
Every finding or award shall be in writing, with specified amounts due and
unpaid and the amounts to be paid subsequently. No lump sum may be
awarded except of amounts in arrears. Any award may be modified by sub
sequent written agreement o f the parties but such modifications will not be
valid against the workman unless such agreement or a copy be filed in the
office of the commission within 60 days after their execution. Final receipts
are to be acknowledged and verified by the workman and filed in the office
of the commission.
Review may be had, at any time before but not after the final payment, of
the application of either party at which time the commission may appoint
physicians to examine the workman and report to the commission. It shall
hear all competent evidence and if the award is excessive or inadequate or
that the condition of the workman has changed the commission may modify
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PART Y. TEXT OP LAW S, U NITED STATES, 1 9 2 7 - 2 8
the award according to its findings; or if it learns that the workman is earning
an equal or greater income, or that he has absented himself from a reason
able examination by physician or has departed beyond the boundaries of
the United States then the commission may cancel the award and end the
compensation. The provisions as to review do not apply to an award o f
compensation under the schedule for specific injuries. 1
Secs. 29-31. Lump sums .— [At any time before final payment o f compensa
tion, the workman or his dependents, with notice to the employer, may apply
to the commission for an award in a lump sum equal to 95 per cent o f the
unpaid portion of the award. If the commission is satisfied that the applica
tion for award is made because of doubt as to the security of compensation it
shall then, unless a certificate of an insurance company or reciprocal or inter
insurance exchange or a bond is secured, compute the sum and enter an
award. The employer may stay proceedings in regard to the application by
filing with the clerk of said district court a bond. Where payments have
been made for not less than six months the liability under such may be
redeemed by the employer at his option by the payment to the workman of a
lump sum equal to 95 per cent of the unpaid balances, such amount to be
determined by agreement, or, upon application o f either party.]
Sec. 32. Insurance .— Where the payment of compensation of the workman or
his dependents is insured by a policy or policies at the expense o f the employer
the insurer shall be subrogated to- the rights and duties under this act of the
employer so far as appropriate. And every employer shall secure compensation
to his employees by insuring in one o f the following ways, namely: First, by
insuring and keeping insured the payment of such compensation with any stock
corporation or mutual association or reciprocal or interinsurance exchange or
association authorized to transact the business o f workmen’s compensation
insurance in the State of Kansas; or, second, by showing to the commission
that said employer carries his own risk and is what is known as a self-insurer
and by furnishing proof to the commission of his or its financial ability to pay
such compensation for himself or it.
Sec. 33. Administration.—Wherever the word “ commission ” is used in this
act it shall be construed to mean the public-service commission o f the State o f
Kansas, and full jurisdiction and power is hereby conferred upon such publicservice commission for the supervision o f the administration of this act. The
present member o f such commission (and his successor in office) having in
active charge the handling of those matters and things arising under what is
commonly known as the “ labor department,” is hereby designated as commis
sioner of compensation under this act and shall have active charge o f the
administration o$ this act with full power and authority to call upon any and
all members of said public-service commission to aid and assist in the adminis
tration of this act. All orders and awards shall be signed by the commissioner
of compensation except in such cases where other members of the public-service
commission may be called upon to aid and assist the commissioner o f compen
sation, in which case such orders and awards shall be signed by such member
or members of the commission called upon to assist the commissioner o f
compensation.
Sec. 34. Hearings—Approval awards—Duties and powers.—All hearings upon
all claims for compensation under this act shall be held by the commissioner,
or examiner in the county yi which the accident occurred, unless otherwise
mutually agreed by the employee and employer. The award, finding, decision,
or order of an examiner, when approved and confirmed by the commissioner
and filed in the office of the commissioner, shall be deemed to be the award,
finding, decision, or order o f the commissioner. The commissioner shall, for
the purpose of this act, have power to- administer oaths, certify to official acts,
take depositions, issue subpoenas, compel the attendance o f witnesses, and the
production of books, accounts, papers, documents, and records.
Sec. 35. Secretary to commission—Clerical assistants .—The commissioner
shall employ a secretary and such other clerical assistants as nmy be necessary
to properly carry out the provisions o f this act, and shall fix their compensa
tion; the compensation o f such employees shall be paid monthly out o f the
appropriation made for the commissioner of workmen’s compensation. Such
employees to serve during the pleasure of the commissioner. The secretary of
the commission shall: First. Maintain a full, true, and correct record o f all
proceedings o f the commission, o f all documents or papers) filed by the commis
sion, or in the office of the commission, of all awards, orders, and decisions made
by the commission and he shall be responsible to the commission for the safe
TEXT OF LAW S— KANSAS
99
custody and preservation of all such papers and documents at its office. Second.
Under the direction of the commission have general charge o f its office, super
intend and perform its clerical business, and perform such other duties as the
commission may prescribe.
S e c . 36. Examiners— Appointment— Duties and powers.— The commissioner
may appoint not to exceed two examiners who shall hold office during the
pleasure of the commissioner. Such examiners shall have power to administer
oaths, certify official acts, take depositions, issue subpoenas, compel the attend
ance of witnesses and the production of books, accounts, and papers, and under
the direction o f the commissioner any such examiner may conduct an inves
tigation, inquiry, or hearing in the same manner and with like effect as if done
by the commissioner and all acts, findings, awards, decisions, rulings or modi
fications o f findings or awards made by such examiner, shall be subject to
review and approval by the commissioner. The salary o f each examiner or
examiners shall be fixed by the commissioner and each examiner shall be
allowed all reasonable and necessary expenses actually incurred by him when
away from the city o f Topeka, Kansas, while in the actual discharge o f his
official duties in administering this act, but such expenses shall be sworn to by
the person incurring the same and be approved by the commissioner. In
case of emergency the commissioner may appoint special local examiners and
assign to them the examination and hearing of any designated case or cases
arising in the county where such examiners reside. Such local examiners,
shall, as to all cases assigned to them, exercise the same powers as the two
regular examiners herein provided for. Such special local examiners shall
receive a per diem at the rate o f $10 per day for their services, but shall not
be paid more than $50 for any one case. And all special examiner’s fees shall
be taxed as cost in each case heard by such special examiner and when col
lected shall be paid direct to such special examiner by the party charged with
the payment of same. Such local special examiners shall not be allowed anything
for expenses.
Sec. 37. Stenographer— Transcript .— The commissioner or examiner shall at
each hearing appoint a qualified stenographer, to attend each hearing where
testimony is introduced, and preserve a complete record o f all oral or docu
mentary evidence introduced and all proceedings had at such hearing unless
such appointment be waived by mutual agreement. All testimony introduced
and proceedings had in such hearings shall be taken down and transcribed
by such stenographer, and after being certified by the stenographer to be a
true and correct transcript o f the testimony and proceedings at such hearings,
shall be filed in the office of the commissioner and be received as evidence by
the commissioner with the same effect as if such stenographer were present
and testified to the record so certified. In the event o f an appeal by either
party the commission shall transfer said transcript or a certified copy thereof
to the court to which an appeal is taken without cost.
Sec. 38. Witnesses’ fees .— Each witness who appears before the commission
in response to a subpoena shall receive the same fee and mileage as is pro
vided for witnesses attending district courts in civil cases in this State, and
the commission shall tax and apportion the costs o f such witness fees in its
discretion and shall make such orders relative to the payment of such fees as
it may deem expedient in order to secure and provide for the payment o f
the same.
Sec. 39. Depositions .— The commission or any party affected by the hearing
or proceedings may cause the depositions of witnesses residing within or
without the State to be taken in thei manner prescribed by law for like deposi
tions in civil actions in district courts in this State.
Sec, 40. Fees .— In order to defray the expense incident to the administration
of this act, the commission shall be entitled to a fee o f $1 fo r filing each
agreement or final release, said fee to be paid at the time o f filing the same,
and in each claim before the commission in which testimony is introduced, an
amount not to exceed $25 and the commission shall tax or apportion the costs
of such fees in its discretion and shall note the amount taxed and apportion
ment thereof on the findings, award, or order. I f the commission shall find
that any proceedings brought under this act have been brought, prosecuted, or
defended without reasonable ground, it may assess the whole of the fees pro
vided for by this section and all fees and costs provided for in this act against
the party who has so brought, prosecuted, or defended them. All fees provided
for by this section of this act shall be paid by the party, or parties, to whom
they are taxed or apportioned unto the commission, and the commission shall
100
PAPvT V. TEXT OF LAW S, UNITED STATES, 19 2 7 - 2 8
receipt the party paying same. The commission shall keep a record of all fees
taxed under this section of the act and shall pay said fees unto the State
treasurer who shall keep a record of same and shall receipt the commission
for all fees paid to him by the commission. It shall be the duty of the com
mission to make a verified, detailed report of all moneys received by it to the
State auditor at the end of each month and to remit and pay all moneys
received during such month to said State treasurer.
Seo. 41. Proceedings .—A workman’s right to compensation under this act
may in default of agreement or if the employer and employee shall not agree
upon arbitration, be determined and enforced by the commission, and in the
event that the right to compensation be not settled by agreement and the em
ployer and employee shall not agree upon arbitration, then, after the expiration
of 10 days from the time of a demand in writing for arbitration by one party
upon the other, either party may in writing apply to the commission for a
determination of the compensation due or claimed to be due, said application to
be in form as prescribed by the rules of the commission and shall set forth the
substantial and material facts in relation to said claim, and the commission
shall forthwith mail a certified copy of said application to the adverse party
and proceed, upon due and reasonable notice to the parties which shall not be
less than 20 days, to hear all evidence in relation thereto and to make findings
concerning the amount of compensation, if any, due to the employee.
Seo. 42. Appeals.—Any party to the proceedings may appeal from any and
all decisions, findings, awards, or rulings of the commission to the district
court of the county where the cause of action arose upon questions of law and
fact as presented and shown by a transcript of the evidence and proceedings
as presented, had, and introduced before the commission. And on any such
appeal, the district court shall have jurisdiction to grant or refuse compensa
tion or to increase or diminish any award of the commission as justice may
require. Such appeal shall be taken and perfected by the filing o f a written
notice of appeal with the commission within 20 days after the decision, finding,
award, or ruling appealed from shall have been made and filed by the com
mission and the secretary of the commission shall immediately aft*er the filing
of such notice transmit a certified copy of such notice to the clerk of the
said district court who shall docket said cause for hearing as in other cases
on appeal.
Sec. 43. When the right to compensation accrues .— The right to compensation
shall be deemed in every case, including cases where death results from the
injury, to have accrued to the injured workman or his dependents; or legal
representatives at the time of the accident, and the time limit in which to
commence proceedings for compensation therefor shall run as against him, his
legal representatives, and dependents from the date of the accident.
Sec. 44. Attorney’s fees .— No claim o f any attorney at law for services ren
dered in or about securing any compensation or agreement, award, or judgment
for compensation shall be an enforceable lien thereon unless the services were
rendered pursuant to and under the terms o f a written contract between such
attorney at law and the workman or the guardian o f the workman, if the latter
be a minor or incompetent, nor unless such written contract be approved in
writing by the commission.
Secs. 45-49. Substitute schemes.— [Schemes maintained by one or more em
ployers and their workmen providing scales o f compensation not less favorable
than those of the act, or, if employees contribute, providing added corresponding
benefits, may be approved by the commission with the advice and written ap
proval of the attorney general; suitable provision must be made for the
equitable distribution of any moneys or securities held for the purpose o f the
scheme, and when the scheme no longer fulfills the requirements, the certificate
may be revoked for cause. The superintendent of insurance may make neces
sary rules and regulations to carry out the purpose of the schemes.]
Sec. 50. Employer’s election .— Every employer entitled to come within the
provisions of this act, as defined and provided by this act, shall be presumed to
have done so, except such employers privileged to elect to come within the
provisions of this act, as hereinbefore provided, unless such employer shall file
with the commission a written statement that he elects not to accept here
under, and thereafter any such employer desiring to change his election shall
only do so by filing a written declaration thereof with the commission. Notice
o f such election shall forthwith be posted by such employer in conspicuous
places in and about liis place of business.
TEXT OF LAW S---- KANSAS
101
Sec. 51. Employee's election.—Every employee entitled to come within the
provisions of this act shall be presumed to have done so unless such employee
shall file with the commission, before injury, a written declaration that he
elects not to accept hereunder and at the same time file a duplicate of said
election with the employer, which said election shall be valid only during his
term of employment with said employer, and thereafter any such employee
desiring to change his election shall only do so by filing a written declaration
thereof with the commission and a duplicate o f same with his employer. Any
contract wherein an employer requires of an employee as a condition o f
employment that he shall elect not to come within the provisions of this act
shall be void.
S e c . 52. Defenses abrogated.— In any action to recover damages for a personal
injury sustained within this State by an employee (entitled to come within the
provisions of this act) while engaged in the line o f his duty as such or for
death resulting from personal injury so sustained, in which recovery is sought
upon the ground of want o f due care of the employer, or of any officer, agent or
servant of the employer, where such employer is within the provisions hereof, it
shall not be a defense to any employer (as herein in this act defined) who shall
have elected, as hereinbefore provided, not to come within the provisions of this
act: (a) That the employee either expressly or impliedly assumed the risk of
the hazard complained of. {b) That the injury or death was caused in whole
or in part by the want of due care of a fellowTservant, (c) That such employee
was guilty of contributory negligence.
S e c , 58. Defense eontiamed.— In an action to recover damages for personal
injury sustained by an employee (entitled to come within the provisions of this
act) while engaged in the line of his duty as* such, or for death resulting from
personal injury so sustained in which recovery is sought upon the ground of
want of due care of the employer or of any officer, agent, or servant o f the
employer and where such employer at the time of the accident i§ operating under
the provisions of this act and has not filed his election not to accept hereunder,
it shall be a defense for such employer in all cases where said employee has
elected not to come within the provisions of this act: (a) That the employee
either expressly or impliedly assumed the risk of the hazard complained o f;
(b) that the injury or death was caused in whole or in part by the want of due
care of a fellow servant; (c) that said employee was guilty of contributory
negligence: Provided, however, That none of these defenses shall be available
w^here the injury was caused by the willful negligence of such employer, or of
any managing officer, or of managing agent of said employer.
Sec. 54. Penalty for failure to make report of accident.—It is hereby made the
duty of every employer, including employers electing not to come under this act,
to make or cause to be made a report to the commission of any accident, or
claimed or alleged accident, to any employee which occurs in the course of his
employment and of which the employer or his foreman has knowledge, within
seven days, after the receipt of such knowledge: Provided, That such accidental
injuries are sufficient wholly or partially to incapacitate the person injured from
labor or service for more than the remainder of the day, shift or turn on which
such accidental injury was sustained, which report shall be made upon a form
to be prepared by the commission. When such accident has been reported and
subsequently such person has died, a supplemental report shall be filed with the
commission within 48 hours after receipt of knowledge of such death, stating
such fact and any other facts in connection with such death or as to the de
pendents of such deceased employee which the commission may require: Pro
vided further, That such report or reports shall not be used nor considered as
evidence before the commission or in any court in this State. Any employer
who refuses or willfully neglects 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 $500 for each offense.
Secs. 55-60. Reports.— [The commission is required each year to submit a
report for the preceding year of all its transactions. Every policy of insurance
against liability must be in the approved form, and the insurance carriers must
file its classification of risks and premium rates within a specified time. The
carrier must maintain reserves before writing any insurance and must report to
the commissioner of insurance whenever it rejects the act for the purpose of
determining the solvency of the carrier, etc. For violations of the act the com
missioner of insurance may suspend or revoke the authority o f any insurance
carrier to do business in the State.]
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PART V. TEST OP LAWS, UNITED STATES, 1 9 2 7 -2 8
Sec. 61. Not repeal liability laws.— Nothing in this act shall be construed to
amend or repeal sections 66-235, 66-236, 66-237, 66-238, 66-239, 66-240, and
66-241 of the Revised Statutes o f Kansas, 1923.
S e c . 62. Constitutionality.— I f any section, subsection, sentence, clause, or
phrase of this act is for any reason held to be unconstitutional such decision
shall not affect the validity of the remaining portions o f this act. The legisla
ture hereby declares that it would have passed the act, each section, subsection,
sentence, clause, and phrase thereof irrespective of the fact that any one or
more o f the same shall be declared unconstitutional.
S e c . 63. Statutes repealed.— That all of article 5, chapter 44 o f the Revised
Statutes of Kansas, 1923, and sections 44-113, 44-114, 44-115, and 44-116 of
the Revised Statutes of Kansas, 1923, and all acts and parts of acts inconsistent
with any of the provisions of this act be, and the same are hereby repealed.
S e c . 64. When act effective.— That this act shall take effect and be in force
from and after June 30, 1927, after its publication in the statute book.
LOUISIANA
[The compensation law of this State (acts of 1914, No. 20) was amended by
act No. 242, Acts of 1928. The changes are noted below :
[Section 8 (as amended 1918, No. 38; 1920, No. 247; 1922, No. 43; 1924, No.
216; 1926, No. 85) was further amended by Act No. 242, Acts of 1928, as follow s:
[In subsection 1, subdivision ( d ), paragraph (17) the provision relative to
compensation for hernia has been omitted.
[Subsection 2 is amended by adding after the word “ provided” in the fifth
line the following words: “ for a period of 300 weeks.” This corrects an ap
parently unintentional omission of the 1926 act.
[Subsection 9 is amended to read as follow s:]
9.
The amounts payable as compensation may be commuted to a lump-sum
settlement by agreement of the parties after having been approved by the court
as reasonably complying w7ith the provisions o f this act: Provided, That in
making such lump-sum settlement the payments due the employee or his de
pendents under this act shall not be discounted at a rate greater than 8 per
cent per annum; if such lump-sum settlement be made without the approval of
the court, or at a discount greater than 8 per cent per annum, even if approved
by the court, the employer shall be liable for compensation at one and one-half
times the rate fixed in this act, and the employee or his dependents shall at
all time® within two years after date of the payment of the lump settlement,
and notwithstanding any other provisions of this act, be entitled to demand and
receive in a lump sum from the employer such additional payment as, together
with the amount already paid, will aggregate one and one-half times the com
pensation which would have been due under this act, but for such lump-sum
settlement. But upon the payment of a lump-sum settlement commuted on a
term agreed upon by the parties, discounted at not more than 8 per cent per
annum and with the approval of the court, the liability under this act o f the
employer making such payment shall be fully satisfied: Provided, That for
injuries scheduled in paragraphs 1-d and 2 of this section no shorter terms than
therein set forth have been agreed upon.
Supplemental L aw
[Section 1 of act No. 126, Acts of 1924, was amended by Act No. 29, Acts of
1928, by authorizing State charity hospitals to charge and recover by legal
action in workmen’s compensation cases, by dropping the requirement that the
patient be made “ codefendant ” with the employer and his insurer in legal
proceedings to hold them liable.]
103
MAINE
[The compensation law of this State (Acts of 1919, ch. 288) was amended
by chapters 158 and 252, Acts of 1927. The changes are indicated below.
[Section 1, Subsection II, was amended by chapter 158, Acts of 1927, by
striking out all after (g) in said subsection and inserting in place thereof the
follow ing:]
All persons employed by the State or under the direction and control of
any department of the State shall be entitled to the benefits of chapter 50
of the Revised Statutes. Upon order of the governor and council such com
pensation as shall be finally allowed and such medical and hospital bills as
shall be allowed shall be paid from the appropriation, or fund, of the depart
ment which employed, directed, or controlled the person injured, out of which
such person has received or may receive salary or wages.
[Section 9 (as amended 1921, ch. 222) was amended by chapter 252, section
1, Acts of 1927, by adding at the end of the section the sentence, “ In computing
the 7-day waiting period, so called, the day of the accident shall be counted
as one.”
[Section 13 was amended by chapter 252, section 2, Acts of 1927, by striking
out the words “ last sickness and ” in the fourth and ninth lines, so that the
section shall read as follow s:]
Sec. 13. If the employee dies as a result of the injury, leaving no dependents
at the time of the injury, the employer shall pay, in addition to any compen
sation provided for in this act, the reasonable expense of burial, which shall
not exceed $200: Provided, however, If dependents appear before the commis
sion within one year after the death of the said employee, and prove that they
are entitled to compensation as provided for by this act,, and such compensa
tion is decreed to be paid to the said dependents, the reasonable expenses of
burial as aforesaid shall be deducted from the amount allowed to the said
dependents.
[Sections 14, 15, and 16 (as amended 1925, ch. 201, sec. 2) were further
amended by chapter 252, section 3, Acts of 1927, so as to carry into effect the
evident intention of the legislature to amend section 16 instead of section 17
as amended in 1925, increasing the maximum payments from $16 to $18.
[Section 29 (as amended 1921, ch. 222, sec. 9) was further amended by
chapter 252, section 4, Acts of 1927, by increasing the salaries o f officials as
follow s: Chairman of commission from $3,500 to $4,000; associate legal mem
ber from $3,000 to $3,500; commissioner of labor and industry from $1,000 to
$1,500; commissioner of insurance from $500 to $1,000 (the last two members
to receive the increase in addition to their regular salaries).]
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MARYLAND
[The compensation law of this State (code of 1924, art. 101) was amended
by chapters 83, 395, 396, 536, 552, 587, 656, and 660, Acts of 1927. The changes
are noted below :
[Section 27 was amended by chapter 552, Acts of 1927, by increasing the
total amount that may be assessed by the commission against insurance car
riers for administrative expenses from $80,000 to $100,000.
[Section 33 was amended by chapter 656, acts of 1927, to read as follow s:]
Sec. 33. Who may elect.— Any employer, his employee or employees engaged
in works not extrahazardous within the meaning of this article may, by their
joint election, filed with the commission, accept the provisions of this article
and such acceptances, when approved by the commission, shall subject them to
the provisions of this article to all intents and purposes as if they had been
originally included in its terms.
Any workman of the age of 16 years and upwards may himself exercise the
election hereby authorized. The right of election hereby authorized shall be
exercised on behalf of any workman under the age of 16 years by his parent
or guardian.
The provisions of this article shall apply to employers and employees 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 o f the United States, only to the extent that their mutual connection
with intrastate work may and shall be clearly separable and distinguishable
from interstate or foreign commerce, except that any such employer and any
o f his workmen only in this State may, with the approval o f the commission,
and so far as not forbidden by any act of Congress, voluntarily accept the pro
visions of this article by filing written acceptance with the commission, which
shall subject the acceptors to the provisions o f this article to all intents and
purposes as if they had been originally included in its terms.
[Section 35 was amended by chapter 83, Acts of 1927 (public employees), by
excluding officers and enlisted men of the organized State militia from the act.
[Section 35 wTas amended by chapter 395, Acts of 1927 (public employees), to
read as follow s:]
Seo. 35. Public employees.—Whenever the State, county, city, or any munici
pality shall engage in any extrahazardous work, within the meaning of this
article, whether for pecuniary gain or otherwise, in wThich workmen are
employed for wages, this article shall be applicable thereto. The officers o f the
Maryland State police force and all guards employed by any o f the penal insti
tutions of this State shall be deemed workmen for wages within the meaning
of this section. Whenever and so long as by State law, city charter, or munici
pal ordinance, provision equal or better than that given under the terms of this
article is made for municipal employees injured in the course of employment
such employees shall not be entitled to the benefits of this article.
A new section was added by chapter 660, Acts of 1927, to be known as 35-A,
extending the compensation act to cover certain State prisoners engaged in
any extrahazardous employment and providing a special method of computing
wages of prisoners.
[Section 48 was amended by chapter 536, Acts of 1927, to read as follow s:]
Sec. 48. Illegally employed minor.— Every minor employee engaged in extrahazardous employment or work covered by this article shall be deemed sui
juris for the purposes of this article; and no other person shall have any cause
of action or right to compensation for any injury to such minor employee un
less otherwise herein provided. All compensation and death benefits provided
by this article, however, shall be doubled in the case of any minor employed
illegally under the laws of this State, with the knowledge of the employer, and
no insurance policy shall be available to protect the employer o f such minor
from the payment of the extra or additional compensation or benefits to be
awarded by reason o f such illegal employment, but the employer alone shall
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PART V. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
be liable for the said increased amount of compensation or death benefits:
Provided, however, That the certificate of the commissioner of labor and statis
tics shall be conclusive evidence of the legality of any employment for the
purposes of this article.
[Section 56 was amended by chapter 587, Acts of 1927, by providing that
upon the affidavit of either party if a fair trial can not be had in the court
in which the appeal is pending, the case must be transferred to another court.
Also, that where compensation is awarded on appeal the claimant shall be
entitled to interest at 6 per cent on compensation accrued and unpaid.
[A new section is added by chapter 396, Acts of 1927, to be known as section
58-A, authorizing the superintendent o f the State accident fund with the
approval of the commission to compromise and settle claims against any person
who is alleged to be legally liable for any accident in which compensation is
paid by the State accident fund.]
MASSACHUSETTS
[The compensation law of this State (G. L. 1921, ch. 152) was amended by
chapters 291 and 300, Acts of 1927, and chapters 171 and 356, Acts of 1928.
The changes made are as follow s:
[Section 20 was amended by chapter 300, section 1, Acts of 1927, by adding at
the end of the section the following sentence— “ All medical records and reports
of hospitals, clinics, and physicians o f the insurer or of the employee shall be
open to the inspection of the department so far as relevant to any matter
before it.”
[Section 24 was amended by chapter 309, section 2, Acts o f 1927, by inserting
after the word “ law ” in the second line the words “ or under the law of any
other jurisdiction in respect to an inquiry therein occurring ” ; and by striking
out in the eighth line the words “ at common law,” and inserting in place the
words “ as aforesaid.”
[Section 26 was amended by chapter 309, section 3, Acts of 1927, so as to
read as follow s:]
Sec. 26. Waivers .— I f an employee who has not given notice of his claim of
common-law rights o f action, under section 24, or who has given such notice
and has waived the same, receives a personal injury arising out of and in the
course of his employment or arising out of an ordinary risk of the street while
actually engaged, with his employer’s authorization, in the business affairs or
undertakings of his employer, and whether within or without the Common
wealth, he shall be paid compensation by the insurer, as hereinafter provided,
if his employer is an insured person at the time of the in ju ry: Provided, That
as to an injury occurring without the Commonwealth he has not given notice
of his claim of rights of action under the laws of the jurisdiction wherein
such injury occurs or has given such notice and has waived it.
[Section 29 (as amended 1923, ch. 163; 1924, ch. 207) was further amended
by chapter 309, section 4, Acts of 1927, to read as follow s:]
S e o . 29. Waiting time .— No compensation shall be paid for any injury which
does not incapacitate the employee for a period o f at least seven days from
earning full wages, but if incapacity extends beyond such period, compensation
shall begin on the eighth day after the injury, and if incapacity extends beyond
a period of four weeks, compensation shall be paid from the day o f injury, but
except under section 35 no compensation shall be paid for any period for
which any wages were earned. When compensation shall have begun it shall
not be discontinued except with the written assent of the employee or the
approval of the department or a member thereof: Provided, That such compen
sation shall be paid in accordance with section 35 if the employee in fact
earns wages after the original agreement is filed.
[Section 30 was amended by chapter 309, section 5, Acts o f 1927, to read
as follow s:]
Sec. 30. Medical, etc ., aid.—During the first two weeks after the injury, and,
if the employee is not immediately incapacitated thereby from earning full
wages, then from the time of such incapacity, and in unusual cases or cases
requiring specialized or surgical treatment in the discretion of the department,
for a longer period, the insurer shall furnish adequate and reasonable medical
and hospital services, and medicines if needed, together with the expenses
necessarily incidental to such services. The employee may select a physician
other than the one provided by the insurer; and in case he shall be treated by
a physician of his own selection, or where, in case of emergency or for other
justifiable cause, a physician other than the one provided by the insurer is
called in to treat the injured employee, the reasonable cost of his services shall
be paid by the insurer, subject to the approval of the department. Such ap
proval shall be granted only if the department finds that the employee was so
treated by such physician or that there was such emergency or justifiable
cause, and in all cases that the services were adequate and reasonable and the
46675°— 29-------8
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PART V. TEXT OF LAWS, UNITED STATES, 1 9 2 7 -2 8
charges reasonable. In any case where the department is o f opinion that the
fitting of the employee with an artificial eye or limb, or other mechanical
appliance, will promote his restoration to industry, it may order that he be
provided with such an artificial eye, limb, or appliance, at the expense of the
insurer.
[Section 31 (as amended 1922, ch. 402) was further amended by chapter
309, section 6, Acts of 1927, to read as follow s:]
Sec. 31 Compensation for death.— If death results from the injury, the
insurer shall pay the following dependents of the employee wholly dependent
upon his earnings for support at the time of his injury, compensation as
follow s: To the widow, so long as she remains unmarried, $10 a week if and so
long as there is no child of the employee, who is under the age of 18, or over said
age and physically or mentally incapacitated from earning; $12 a week
if #nd so long as there is one such child, and $2 more a week for each such
additional ch ild; and if the widow dies, such amount as would have been pay
able had she lived shall be paid to the surviving children aforesaid in equal
shares; but if such widow remarries, the aforesaid payments to her shall
terminate and the insurer shall pay each week to each o f such children, if
and so long as there are more than five, his or her proportionate part of
$16, and shall pay to each of such children, if and so long as there are five
or less, $3 a week. The total amount of such payments shall not be more
than $6,400 and said payments shall not continue more than 400 weeks. When
weekly payments have been made to an injured employee before his death,
the compensation under the foregoing provisions o f this section shall begin
from the date of the last o f such payments but shall not amount to a total
of more than $6,400 including such payments as were made to the injured
employee before his death, and shall not continue for more than 400 weeks
from the date of the injury.
In all other cases of total dependency, the insurer shall pay the dependents
o f the employee wholly dependent upon his earnings for support at the time
o f injury a weekly payment equal to two-thirds of his average weekly w^ages,
but not more than $10 nor less than $4 a week’ for a period of 500 weeks
frpm the date of the injury; but in no case shall the amount be more than
$4,000. I f the employee leaves dependents only partially dependent upon his
earnings for support at the time o f his injury, the insurer shall pay such
dependents a weekly compensation equal to the same proportion o f the weekly
payments for the benefit of persons wholly dependent as the amount con
tributed by the employee to such partial dependents bears to the annual earn
ings o f the deceased at the time o f his injury. When weekly payments have
been made to an injured employee before his death, the compensation under
this paragraph to dependents shall begin from the date o f the last o f such
payments, but shall not continue for more than 500 weeks from the date o f
the injury.
TSection 34 was amended by chapter 309, section 7, Acts of 1927, to read as
follow s:]
Sec. 34. Total disability.— While the incapacity for work resulting from
the injury is total, the insurer shall pay the injured employee a weekly com
pensation equal to two-thirds of his average weekly wages, but not more than
$18 nor less than $9 per week, except that the weekly compensation of the
injured employee shall be equal to his average weekly wages in case such
wages are less than $9; and the period covered by such compensation shall
not be greater than 500 weeks nor the amount more than $4,500.
r Section 35 was amended by chapter 309, section 8, Acts of 1927, to read as
follow s:]
Seo. 35. Partial disability.— While the incapacity for work resulting from
the injury is partial, the insurer shall pay the injured employee a weekly com
pensation equal to two-thirds of the difference between his average weekly
wages before the injury and the average weekly wages which he is able
to earn thereafter, but not more than $18 a w eek; and the amount o f such
compensation shall not be more than $4,500.
[Section 36 was amended by chapter 356, Acts of 1928, to read as follow s:]
Sec. 36. Schedule.— In case of the following specified injuries the amounts
hereinafter named shall be paid in addition to all other compensation:
(a)
For the loss by severance of both hands at or above the wrist, two-thirds
o f the average weekly wages o f the injured person, but not more than $10 nor
less than $4 a week for a period of 175 weeks.
TEXT OF LAW S---- MASSACHUSETTS
109
(5 )
For the reduction to twenty-seventieths of normal vision in both eyes,
with glasses, two-thirds of the average weekly wages of the injured person, but
not more than $10 nor less than $4 a week for a period of 150 weeks.
(0) For the loss by severance of both feet at or above the ankle, two-thirds
o f the average weekly wages of the injured person, but not more than $10 nor
less than $4 a week for a period o f 100 weeks.
(d) For the loss by severance of the right or major hand at or above the
wrist, two-thirds of the average weekly wages o f the injured person but not
more than $10 nor less than $4 a week for a period of 75 weeks.
(e) For the loss by severance of the left or minor hand at or above the wrist,
or of either foot at or above the ankle, two-thirds of the average weekly wages
of the injured person, but not more than $10 nor less than $4 a week for a
period of 50 weeks.
(f) For the reduction to twenty-seventieths of normal vision in either eye,
with glasses, two-thirds of the average weekly wages of the injured person, but
not more than $10 nor less than $4 a week for a period of 50 weeks.
( g ) For the loss by severance at or above the second joint of the thumb of
the right or major hand, two-thirds of the average weekly wages of the injured
person, but not more than $10 nor less than $4 a week for a period of 40 weeks.
(h) For the loss by severance at or above the second joint of the index finger
of the right or major hand, two-thirds of the average weekly wages of the
injured person, but not more than $10 nor less than $4 a week for a period of
20 weeks.
(1) For the loss by severance of one phalange of the thumb of the right or
major hand, two-thirds of the average weekly wrages of the injured person, but
not more than $10 nor less than $4 a week for a period of 20 weeks.
O’) For the loss by severance at or above the second joint of two or more
fingers of the same hand which, in the case of the left or minor hand, may
include the thumb, or of two or more toes of the same foot, two-thirds o f the
average weekly wages of the injured person, but not more than $10 nor less than
$4 a week for a period of 25 weeks, for each hand or foot so injured, but no
compensation shall be payable under this paragraph on account o f injury to the
right or major hand in case one or more phalanges of the thumb of that hand
or two or more phalanges of the index finger o f that hand are lost by
severance.
(k) For the loss by severance of at least one phalange of any finger, or of the
thumb of the left or minor hand, or of any toe, two-thirds of the average weekly
wages of the injured person, but not more than $10 nor less than $4 a week
for a period o f 12 weeks, for each hand or foot so injured, but no compensation
shall be payable under this paragraph for the loss by severance o f one or more
phalanges of the thumb of the right or major hand or for the loss by severance
o f two or more phalanges of the index finger of the right or major hand.
(I) The additional amounts provided for in this section in case of the loss of
a particular hand, foot, thumb, finger, toe, or phalange shall also be paid for
the number o f weeks above specified if the injury is such that hand, foot, thumb,
finger, toe, or phalange is not lost but so injured as to be permanently incapable
of use.
[Section 46 (payments) was further amended by chapter 309, section 9,
Acts of 1927, by newly providing that an employee who is susceptible to injury
or likely to become permanently or totally incapacitated by injury may, with
the approval o f the department and within a month after beginning his employ
ment, waive his rights to compensation for disability.
[Section 48 (payments) was further amended by chapter 309, section 10, Act3
of 1927, by no longer requiring as a condition precedent to the commutation of
compensation that payments shall have continued for at least six months, or
that the case be an unusual one.
[Section 52 (insurance companies) (as amended 1925, ch. 267) was further
amended by chapter 309, section 11, Acts of 1927, by newly providing that upon
the petition of any party aggrieved the opinion of the commissioner o f insur
ance (as to classifications of risks and premiums) shall be subject to review by
the supreme judicial court.
[Section 52 (as amended 1925, ch. 267, sec. 14) was further amended by
chapter 284, section 15, Acts o f 1927, by authorizing liability insurance com
panies to insure the payment o f workmen’s compensation insurance.
[Section 69 (public employees) (as amended 1924, ch. 434) was further
amended by chapter 309, section 12, Acts o f 1927, by providing that the terms
“ laborers, workmen, and mechanics, in public employments,” shall include
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PABT V. TEXT OF LAW S, UNITED STATES, 19 2 7 - 2 8
foremen, subforemen, and inspectors, if so determined by the proper constituted
authorities, as evidenced by a writing filed with the department.
[Section 13, chapter 309, Acts of 1927, provides as follow s:]
S e c . 13. Extraterritorial effect.—An employee under a contract of hire with
an insured person, made prior to the effective date o f so much of this act asi is
not affected by section 14, shall be deemed to have waived his rights of action
to recover damages for personal injuries under the law of any other jurisdiction
in respect to injuries therein occurring if he shall not give his employer, within
30 days after said effective date, written notice that he claims such rights.
[Section 14, chapter 309, Acts of 1927, provides as follow s:]
Sec. 14. Effective date.— So much of section 3 [section 26 o f compensation
act] of this act as extends the provisions of said chapter 152 to injuries occur
ring outside the Commonwealth shall take effect 120 days after its passage.
SUPPLEMENTAL L A W S
[Section 69, chapter 33, G. L. 1921 (as amended 1924, ch. 465), was further
amended by chapter 291, Acts of 1927. By separate enactment compensation is
made applicable to the death of members o f the National Guard resulting from
injury sustained in service.
[Chapter 175, G. L. 1921, section 46A (added 1922, ch. 407), was amended by
chapter 171, Acts o f 1928, providing that unpaid losses under the workmen’s
compensation policies be given preference over other claims, except taxes, in
the distribution of assets o f insolvent insurers.]
MICHIGAN
[The compensation law of this State (first extra session, 1912, Act No. 10)
was amended by chapters 19, 63, 162, 289, and 376, Acts of 1927. The changes
are as follow s:
[Part I, section 7 (sec. 5429, C. L. 1915, as amended), was amended by Act
No. 162, Acts of 1927, to read as follow s:]
Sec. 7. Who are employees.— The term “ employee 99 as used in this act shall
be construed to mean:
1. Every person in the service o f the State or of any county, city, township,
incorporated village, or school district therein, under any appointment or con
tract of hire, express or implied, oral or written, except any official of the
State or of any county, city, township, incorporated village, or school district
therein, elected at the polls: Provided, That one employed by a contractor who
has contracted with a county, city, township, incorporated village, school dis
trict, or the State, through its representatives, shall not be considered an em
ployee of the State, county, city, township, incorporated village, or school dis
trict which made the contract, when such contractor is subject to this act:
Provided, however, That policemen or firemen or employees of the police or
fire departments or their dependents, in municipalities or villages of this
State having charter provisions prescribing like benefits, may waive the provi
sions of this act and accept in lieu thereof such like benefits as are prescribed
in such charter, but shall not be entitled to like benefits from both: And pro
vided further, That nothing contained in this act shall be construed as limit
ing, changing, or repealing any of the provisions of any charter of any munici
pality or village of this State relating to any benefits, compensation, pensions,
or retirement, independent of this act provided for employees as hereinbefore
defined.
2. Every person in the service of another, under any contract of hire, express
or implied, including aliens, including working members of partnerships receiv
ing wages irrespective of profits from such, and also including minors who, for
the purpose of this act, shall be considered the same and have the same power
to contract as adult employees: Provided, That any minor between the ages
of 16 and 18 years whose employment at the time of injury shall be shown to
be illegal shall, in the absence of fraudulent use of permits or certificates of
age, in which case only single compensation shall be paid, receive compensation
double that provided elsewhere in this act.
[Part II, sections 5 and 6 (secs. 5435 and 5436, C. L. 1919), was amended by
Acts No. 63 and 376, Acts of 1927, to read as follow s:]
Sec. 5. Death .— I f death results from the injury, the employer shall pay or
cause to be paid, subject, however, to the provisions of section 12 hereof in one
of the methods hereinafter provided, to the dependents of the employee, wholly
dependent upon his earnings for support at the time of the injury, a weekly
payment equal to 66% per cent of his average weekly wages, but not more than
$18 nor less than $7 a week for a period of 300 weeks from the date of the
injury. If the employee leaves dependents only partly dependent upon his earn
ings for support at the time of his 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 em
ployee to such partial dependents bears to the annual earnings of the deceased
at the time of his in ju ry : Provided, however, That alien dependents residing
outside of the United States and Canada shall be entitled to only 66% per cent
of the compensation otherwise provided for herein. When weekly payments
have been made to an injured 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 300 weeks from the date of the injury.
Sec. 6. Dependents.— The following persons shall be conclusively presumed
to be wholly dependent for support upon a deceased employee:
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PART V. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
(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 department o f labor and industry shall
find the wife was living apart for justifiable cause or because he had deserted
h er;
(&) A child or children under the age of 16 years, or over said age, if physi
cally or mentally incapacitated from earning, upon the parent with whom he
is or they are living at the time of the death of such parent : Provided, That
in the event of the death of an employee who has at the time o f his or her
death a living child or children by a former husband or wife, under the age of
16 years, or over said age, if physically or mentally incapacitated from earn
ing, said child or children shall be conclusively presumed to be wholly depend
ent for support upon such deceased employee, even though not living with the
deceased employee at the time of his or her death; and in all cases the death
benefit shall be divided between or among the surviving wife or husband and
all the children of the deceased employee, and all other persons, if any, who
are wholly dependent upon the deceased employee, in equal shares, the surviv
ing wife or husband taking the same share as a child. In all cases mentioned
in this section the total sum due the surviving wife or husband and her or
his own child or children shall be paid directly to the surviving wife or husband
for her or his own use, and for the use and benefit of her or his own child
or children; but if during the time compensation payments! shall continue the
department of labor and industry shall find that the surviving wife or husband
is not properly caring for said child or children, it shall be the duty of said
department to order the share or shares of such child or children to be there
after paid to their guardian or legal representatives for their use and benefit
instead of to their father or mother; and in all cases the sums due to the child
or children by the former wife or husband of the deceased employee shall be
paid to their guardians or legal representatives for the use and benefit of said
child or 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. Where a deceased employee leaves a person or persons
wholly dependent upon him or her for support, said person or persons shall be
entitled to the whole death benefit, and persons partly dependent, if any, shall
receive no part thereof while said persons wholly dependent are living. All
persons wholly dependent upon a deceased employee, whether by conclusive
presumption or as a matter o f fact, shall be entitled to share equally in the
death benefit in accordance with the provisions of this section. I f there is no
one wholly dependent, or if the death of all persons wholly dependent shall
occur before all compensation is paid, and there is but one person partly depend
ent, such person shall be entitled to compensation according to the extent of his
dependency; and if there is more than one person partly dependent, the death
benefit shall be divided among them according to the relative extent o f their
dependency. No person shall be considered a dependent unless he or she is
a member of the family o f the deceased employee, or unless such person bears
to said deceased employee the relation of husband or widow, or lineal descendant,
or ancestor, or brother, or sister.
(c) Upon the remarriage of a dependent wife receiving compensation as
such, compensation payments to such wife shall cease, and such compensation,
if any, shall be payable to the person or persons either wholly or partially
dependent upon deceased for support at his death as provided in clause (c)
of this section: And promded further, That the payment of compensation to
any dependent child shall cease when the child reaches the age of 21 years,
if at the age o f 21 years he is neither physically nor mentally incapacitated
from earning.
[Part II, sections 9 and 10 (secs. 5439 and 5440, C. L. 1915) was amended by
act No. 63, acts of 1927 to read as follow s:]
Sec. 9. Total disability.— While the incapacity for work resulting from the
injury is total, the employer shall pay, or cause to be paid as hereinafter pro
vided, to the injured employee, a weekly compensation equal to 66% per cent
of his average weekly wages, but not more than $18 nor less than $7 a week;
and in no case shall the period covered by such compensation be greater than
500 weeks from the date of the injury, nor shall the total amount of all
compensation exceed $9,000.
Sec. 10. Partial disability— Schedule.— While the incapacity for work result
ing from the injury is partial, the employer shall pay, or cause to be paid as
hereinafter provided, to the injured employee a weekly compensation equal to
66% per cent of the difference between his average weekly wages before
TEXT OF LAW S---- MICHIGAN
113
the injury and the average weekly wages which he is able to earn thereafter,
but not more than $18 a week; and in no case shall the period covered by such
compensation be greater than 500 weeks from the date of the injury. In
cases included by the following schedule the disability in each such case shall
be deemed to continue for the period specified, and the compensation so paid
for such injury shall be as specified therein, to w it:
For the loss of a thumb, 66% per cent of the average weekly wages during
60 weeks.
For the loss of a first finger, commonly called index finger, 66% per cent
of average weekly wages during 35 weeks.
For the loss of a second finger, 66% per cent of average weekly wages during
30 weeks.
For the loss* o f a third finger, 66% per cent of average weekly wages, during
20 weeks.
For the loss of a fourth finger, commonly called little finger, 66% per cent
of average weekly wages during 15 weeks.
The loss of the first phalange of the thumb, or o f any finger, shall be con
sidered 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 en
tire finger or thumb: Provided, however, That in no case shall the amount re
ceived 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, 66% per cent of average weekly wages during 30
weeks.
For the loss of one of the toes other than a great toe, 66% per cent of average
weekly wages during 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 one-half of the amount
above specified.
The loss of more than one phalange shall be considered as the loss o f the en
tire toe.
For the loss of a hand, 66% per cent of average weekly wages during 150
weeks.
For the loss of an arm, 66% per cent of average weekly wages during 200
weeks.
An amputation between the elbow and wrist 6 or more inches below the elbow
shall be considered a hand, above this point an arm.
For the loss of a foot, 66% per cent of average weekly wagfes during 125
weeks.
For the loss of a leg, 66% per cent of average weekly wages during 175
weeks.
An amputation between the knee and foot 6 or more inches below the knee
shall be considered a foot, above this point a leg.
For the loss of an eye, 66% per cent of average weekly wages during 100
weeks.
The loss o f both hands or both arms, or both feet or both legs, or both eyes,
or of any two thereof, shall constitute total and permanent disability, to be
compensated according to the provisions of section 9.
The amounts specified in this clause are all subject to the same limitations
as to maximum and minimum as above stated. In case o f the loss o f one member
while compensation is being paid for the loss of another member, compensation
shall be paid for the loss of the second member for the period herein provided,
payments to begin at the conclusion o f the payments for the first member.
[Part II, section 11 (sec. 5441, C. L. 1919), was amended by Act No. 376, Acts
of 1927, to read as follow s:]
Sec. 11. Computation of wages.— (a) The term “ average annual earnings,”
as used in this act, is defined to be fifty-two times the average weekly wages of
the employee as arrived at according to the provisions o f this section.
(b) The term “ average weekly wages,” as used in this act, is defined to be
six times the daily wage, salary or emolument which the injured employee is
earning at the time he suffers the accidental injury.
(c) In cases where it is impossible to ascertain the exact daily wage, salary,
or emolument the injured employee is earning at the time he suffers the acci
dental injury, such daily earnings shall be taken and held to be for all the pur
poses of this act such a sum as having regard to the previous daily earnings o f
the injured employee and of other employees of the same or most similar class
114
PART V. TEXT OF U W S , UNITED STATES, 1 9 2 7 -2 8
working in the same or most similar employment in the same or neighboring
locality shall most nearly approximate the daily earnings of the said injured
employee at the time he received the accidental injury, in the employment in
which he was working at such time. After the amount of said daily wage,
salary, or emolument shall be determined as in this subsection provided, said
amount shall be multiplied by six, as hereinbefore provided, and the product so
obtained shall be for all the purposes of this act taken and held to be the
average weekly wages of such employee.
( d ) The fact that an employee has suffered a previous disability or received
compensation therefor shall not preclude compensation for the later injury or
death, but in determining compensation for the later injury or death his average
annual earnings shall be held to be such sum as will reasonably represent his
annual earning capacity at the time of the later injury in the employment in
which he was working at such time and shall be arrived at according to and
subject to the provisions of this section.
(e) The weekly loss in wages referred to in this, act shall consist o f such per
centage of the average weekly earnings of the injured employee, computed
according to the provisions of this section, as shall fairly represent the propor
tionate extent of the impairment of his earning capacity in the employment in
which he was working at the time of the accident, the same to be fixed as o f
the time of the accident, but to be determined in view o f the nature and extent
bf the injury: Provided, The compensation payable, when added to his wageearning capacity after the injury in the same or another employment, shall not
exceed his average weekly earnings at the time o f such injury.
[Part VI, section 4 (sec. 5491, C. L. 1915, as amended) was amended by Act
No. 289, Acts o f 1927, to read as follow s: ]
S e o . 4. Interstate commerce.—-The provisions o f this act shall apply to
employers and workmen engaged in intrastate commerce, and also to those
engaged in interstate or foreign commerce, for whom a rule o f 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 intrastate
work may and shall be clearly separable and distinguishable from interstate or
foreign commerce, except that any such employer and any of his workmen
working only in this State, may, subject to the approval o f the industrial acci
dent board, and so far as not forbidden by any act o f Congress, voluntarily
accept and become bound by the provisions of this act in like manner and with
the same force and effect in all respects as is hereinbefore provided for other
employers and their workmen: Provided, That any employer so engaged in inter
state or foreign commerce may elect to become subject to, or withdraw from,
the provisions o f this act as to any distinct department or departments o f its
intrastate business, and not to be subject thereto as to any other distinct
department or departments of its intrastate business, any other provision or
provisions of this act to the contrary notwithstanding. Any such election shall
be made, or may be withdrawn In whole or in part, at the time or times, and
in the manner provided in section 6 of Part I of this act for electing to> become
subject to the provisions hereof, and for withdrawing such election.
Supplem ental L a w
[Act No. 19, Acts of 1927, by a separate enactment provides that any minor
between 16 and 18 years of age engaged in an occupation approved by the
department of labor and industry shall be considered legally employed and
subject to the compensation act if the employer has filed the required permit
or certificate.]
MINNESOTA
[The compensation law of this State was amended by chapters 216, 417,
and 436, Acts o f 1927. The changes made are as follow s:
[Sections 4302 A and 4302 B were added to G. S. 1923, by chapter 417, Acts
of 1927, providing a new procedure for cases where the employer is a non
resident or a foreign corporation and can not be served with notices; in such
cases the claimant may commence an action in the district court of the county
where the injured employee resided.
[Section 4325, G. S. 1923 (as amended 1925, ch. 175), was further amended
by chapter 216, Acts o f 1927, providing that where services for a municipal cor
poration are performed gratis or without fixed compensation, the daily wage
for the purpose of computing compensation shall be taken to be the current
wage paid for similar services in municipalities where such services are per
formed by paid employees.
[Chapter 436, sections 1-6, Acts o f 1927, provides a special procedure in
case of injury to an employee of any State department except the highway
department, and also the head of such department is required to report to
the industrial commission any accident to an employee of his department.]
MISSOURI
[The salary of the secretary appointed by the State workmen’s compensation
commission is fixed by the law at $3,600. In Bulletin No. 423 of the Bureau of
Labor Statistics the amount was incorrectly stated as $2,600.]
115
NEBRASKA
[The compensation law of this State (C. S. 192*2, secs. 3024r-3084) was amended
by chapters 39 and 134, and supplemented by chapter 162, Acts o f 1927. The
changes are noted below.
[Section 3029 was amended by chapter 134, Acts of 1927, to read as follow s:]
Sec. 3029. Employer's liability.— (1) The provisions of this act shall apply to
the State of Nebraska and every governmental agency created by it, and to
every employer in this State employing one or more employees, in the regular
trade, business, profession, or vocation of such employer: Provided, That rail
road companies engaged in interstate or foreign commerce are declared subject
to the powers of Congress and not within the provisions of this act. (2) The
following are declared not to be hazardous occupations and not within the
provisions of this a c t: Employers o f household domestic servants and employers
of farm laborers, except as hereinafter provided. (3) Any employer mentioned
in subdivision (2) of this section may elect to provide and pay compensation for
accidental injuries sustained by any of his employees by insuring and keeping
insured his employees in some corporation, association, or organization au
thorized and licensed to transact the business of workmen’s compensation in
surance in this State; and the procuring by any such employer of such a policy
o f insurance which is in full force and effect at the time of an accident to any
of his employees shall be conclusive proof of such employer’s and his employees’
election to be bound by Part II, chapter 28, Compiled Statutes o f Nebraska for
1922, or any amendments thereto, to all intents and purposes as if they had not
been specifically excluded by the terms of subdivision (2) of this section:
Provided, however, That any employee of such employer shall have the right,
prior to the accident sustained by him, to elect not to accept or be bound by the
provisions of this act, the procedure being the same as indicated in subdivision
(6) of section 103 (3035) o f this chapter.
[Sections 3038 and 3049 were amended and sections 2443, 2444, 2445, 2446, and
2447 were repealed by chapter 39, Acts o f 1927. The amended sections are as
follow s:
[Section 3038 (employees) is amended by adding after subsection (1) the
follow ing:]
Provided, That for the purposes hereof, volunteer firemen of any fire depart
ment of any city or village, which fire department if regularly organized under
the laws of the State of Nebraska, shall be deemed employees o f such city or
village while in the performance of their duties as members of said department.
Provided further, Members of such volunteer fire department shall before they
are entitled to the benefits under this act, be recommended by the chief o f the
fire department for membership therein to the mayor and city commission, the
mayor and council, or the chairman and board of trustees, as the case may be,
and, upon confirmation shall be deemed employees of the city or village: And
provided further, Members o f such fire department after confirmation to mem
bership, as aforesaid, may be removed by a majority vote of such commission,
council, or board, and thereafter shall not be considered employees o f such
city or village.
[Section 3049 (wages) is amended by adding after the word “ overtime” in
the last line, the follow ing:]
Provided, In determining the compensation to be paid any member of a
voluntary fire department in any city or village, which fire department is
regularly organized under the laws of the State of Nebraska, for injuries result
ing in disability, received in the performance of his duties as a member of said
department, the wages of such fireman shall be taken to be those received by
him from his regular employer, and he shall receive such proportion thereof as
he is entitled to under the provision of section 3044, Compiled Statutes of
Nebraska for 1922: Provided, If said fireman is not regularly employed by some
other person, for the purpose hereof it shall be deemed and assumed that he is
116
TEXT OF LAW S---- NEBRASKA
117
receiving income from his business or from other employment equivalent to
wages in the amount of $35 per week.
Supplemental L aw
[Sections 2443, 2444, 2445, 2446, and 2447, C. S. 1922, were repealed by chapter
39, Acts of 1927, relating to the pension and relief of volunteer firemen.
[Sections 3234 and 3235, C. S. 1922, were repealed by chapter 162, Acts of
1927, and a new section was reenacted providing that liens of physicians,
nurses, or hospitals for services rendered to injured persons shall not be
valid against anyone coming under the workmen’s compensation act.]
NEVADA
Supplemental A ct
[Chapter 45, Acts of 1927, provides, among other things, that male persons
drafted to fight forest fires shall, for the purpose of obtaining the benefits of
the workmen’s compensation act, be considered employees of the county
demanding their services.]
118
NEW JERSEY
[The compensation law o f this State (Acts of 1911, ch. 95, as amended 1913,
ch. 74) was amended by chapters 127 and 324, Acts of 1927, and chapters 135,
136, 149, 163, 224, 225, Acts of 1928. The changes are noted below.
[Chapter 127, Acts of 1927, extended the coverage of the act to include active
volunteer firemen.]
[Section 11 (as amended 1919, ch. 93; 1923, ch. 49) was amended by chapter
135, Acts of 1928, to read as follow s:]
11. Disability payments— schedule.— Following is a schedule o f compensation :
(a) For injury producing temporary disability, 66% per cent o f the wages
received at the time of the injury, subject to a maximum compensation of $20
per week and a minimum of $10 per w eek: Provided, That if at the time of the
injury the employee receives wages of less than $10 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 300 weeks.
(b) For disability total in character and permanent in quality, 66% per
cent of the wages received at the time of injury, subject to a maximum compensation of $20 per week and a minimum of $10 per week: Provided, That
if at the time of injury the employee receives wages o f less than $10 per week
then he shall receive the full amount of wages per week. The compensation
shall be paid for a period of 400 weeks, at which time compensation pay
ments shall cease unless the employee shall have submitted to such physical or
educational rehabilitation as may have been ordered by the rehabilitation com
mission of the State, and can show that because of such disability it is impossi
ble for him to obtain wages or earnings equal to those earned at the time of the
accident, in which case further weekly payments shall be made during the
period of such disability, the amount thereof to be the previous weekly com
pensation payment diminished by that portion thereof that the wage, or earn
ings, he is then able to earn bears to the wages received at the time of the
accident. In calculating compensation for this extension beyond 400 weeks
the minimum provision of $10 shall not apply. This extension of compensation
payments beyond 400 weeks shall be subject to such periodic reconsiderations
and extensions as the case may require, and shall apply only to disability total
in character and permanent in quality, and shall not apply to any accident
occurring prior to July 4, 1923.
(c) For disability partial in character, but permanent in quality, the com
pensation shall be based upon the extent of such disability. In cases included
in the following schedule the compensation shall be that named in the schedule,
to w it:
id) For the loss of the thumb, 66% per cent of daily wages during65 weeks.
(e) For the loss of the first finger, commonly called the index finger, 66%
per cent of daily wages during 40 weeks.
( f ) For the loss of a second finger, 66% per cent of daily wages during
30 weeks.
(g) For the loss of a third finger, 66% per cent of daily wages during
20 weeks.
( h) For the loss o f a fourth finger, commonly called little finger, 66% per
cent of daily wages during 15 weeks.
(i) The loss of the first phalange of the thumb or o f any finger shall be
considered to be equal to the loss of one-half of such thumb or finger, and the
compensation shall be for one-half of the periods of time above specified. The
loss of any portion of the thumb or any finger between the terminal joint and
the end thereof shall be compensated for a like proportion o f the period of time
prescribed for the loss of the first phalange of such member.
( / ) The loss) of the first phalange and any portion of the second shall be
considered as the loss of the entire finger or thumb: Provided, hoivever, That
119
120
PAET V. TEXT OF LAW S, UNITED STATES, 19 2 7 - 2 8
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.
(h)
For the loss of a great toe, 66% per cent of daily wages during 30
weeks.
{I) For the loss of one of the toes other than a great toe, 66% per cent
of daily wages during 10 weeks.
(m) 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 for one-half of
the period of time above specified.
( n ) The loss of the first phalange and any portion o f the second shall be
considered as the loss of the entire toe.
(o)
For the loss o f a hand, 66% per cent of the daily wages during 175
weeks.
( p ) For the loss of an arm, 66% per cent o f daily wages during 230 weeks.
( q) For the loss of a foot, 66% per cent of daily wages during 125 weeks.
(r) For the loss of a leg, 66% per cent of daily wages during 175 weeks.
(s) For the loss of an eye, 66% per cent of daily wages during 100 weeks.
( t ) For the loss of a natural tooth, 66% per cent of daily wages for 4 weeks
for each tooth lost.
( u ) For the total loss of hearing in one ear, 66% per cent of daily wages
during 40 weeks. For the total loss of hearing in both ears by one accident,
66% per cent of daily wages during 160 weeks.
( v ) The loss of both hands, or both arms, or both feet, or both eyes, or any
two thereof as a result of any one accident shall constitute total and permanent
disability to be compensated according to the provisions of clause (&).
(to) In all lesser or other cases involving permanent loss, or where the use
fulness of a member or any physical function is permanently impaired, the
compensation shall be 66% per cent of daily wages, and the duration of com
pensation shall bear such relation to the specific periods of time stated in the
above schedule as the disabilities bear to those produced by the injuries named
in the schedule: Provided, however, That in cases in which the disability is
determined as a percentage of total and permanent disability the duration of the
compensation shall be a corresponding portion o f 500 weeks. Should the
employer and employee be unable to agree upon the amount o f compensation
to be paid in cases not covered by the schedule, either party may appeal to the
workmen’s compensation bureau for a settlement of the controversy.
( x ) Hernia is a disease which ordinarily develops gradually, being very
rarely the result of an accident. Where there is a real traumatic hernia
resulting from the application of force directly to the abdominal wall, either
puncturing or tearing the wall, compensation will be allowed. All other cases
will be considered as either congenital or of slow development and not compen
sable, being a disease rather than an accidental in ju ry ; unless conclusive proof
is offered that the hernia was immediately caused by such sudden effort or
severe strain that, first, the descent of the hernia immediately followed the
cause; second, that there was severe pain in the hernial region; third, that
there was such prostration that the employee was compelled to cease work
immediately; fourth, that the above facts were of such severity that the same
was noticed by the claimant and communicated to the employer within 24
hours after the occurrence of the hernia; fifth, that there was such physical
distress that the attendance o f a licensed physician was required within 24
hours after the occurrence of the hernia. In the case o f hernia as above defined,
the provisions of paragraphs 13, 14, and 11 (2) shall apply, and until such time
as the employee is able to resume some kind of work with the aid of a truss or
other mechanical appliance. If the employee refuses to permit of an operation,
the employer shall meet the requirements above specified, pay the reasonable
costs of the truss or other appliance found necessary, and also pay compensation
for 20 weeks, following which the obligation shall cease and determine, unless
death results from the hernia, in which case the provisions of paragraph 12
shall apply. However, if the employee shall elect to undergo an operation, by
a physician selected by the employer, the employer shall meet all the expense
incident to such operation and recovery, not in excess of $150, together with
compensation as provided in paragraph 11 (a), during the periods of disability
prior to and following the operation, subject to the provisions of paragraph 13.
If the employee refuses the services of the physician selected by the employer,
preferring one of his own selection, the employer shall be relieved of obligations
concerning medical expense due to the operation and recovery, but shall pay
TEXT OF LAW S---- N E W JERSEY
121
compensation during the prior and resulting periods of disability. If death
results from the hernia or operation, the provisions o f paragraph 12 shall apply.
(y) The weekly compensation payments specified in paragraph 11 are all
subject to the same limitations! as to maximum and minimum as are stated in
clause (a) hereof.
(#) In case of the death of the person from any cause other than the acci
dent, during the period of payments for permanent injury, the remaining pay
ments shall be paid to such of his or her dependents as are included in the
provisions of paragraph 12 of this act, or, if no dependents, the remaining
amount due, but not exceeding $150, shall be paid in a lump sum to the proper
person for funeral expenses: Provided, however, That no compensation shall
be due any other person than the injured employee on account of compensation
being paid in excess of 400 weeks on account o f disability total in character
and permanent in quality, as provided by paragraph 11 (&) hereof.
2. Paragraph 12 of said act is hereby amended to read as follow s:
12.
In case of death, compensation shall be computed, but not distributed,
on the following basis:
(a) For one dependent, 35 per cent of wages.
(&) For two dependents, 40 per cent o f wages.
(c) For three dependents, 45 per cent of wages.
\d) For four dependents, 50 per cent of wages.
( e ) For five dependents, 55 per cent of wages.
if) For six or more dependents, 60 per cent of wages.
ig) The term “ dependents” shall apply to and include any or all of the fol
lowing who are dependent upon the deceased at the' time of accident or death,
namely: Husband, wife, parents, stepparents, grandparents, children, step
children, grandchildren, child in esse, posthumous child, illegitimate children,
brothers, sisters, half brothers, half sisters, niece, nephew. Legally adopted
children shall in every particular be considered as/ natural children: Provided
however, That dependency shall be conclusively presumed as to the decedent’s
widow and natural children under 16 years of age who were actually a part of
the decedent’s household at the time of his death. Every provision of this act
applying to one class shall be equally applicable to the other. Should any
dependent of a deceased employee* die during the period covered by such
weekly payments, or should the widow of a deceased employee remarry during
such period, the right of such dependent or of such widow to compensation
under this section shall cease: It is further provided, That the foregoing sched
ule applies only to persons wholly dependent, and that in the case of persons
only partially dependent, except in the case o f the widow and children, who
were actually a part of the decedent’s household at the time of his death, the
compensation shall be such proportion of the scheduled percentage as the
amounts actually contributed to them by the deceased for their support con
stituted of his total wages and the provision as to a $10 minimum: shall not
apply to such compensation. In determining the number of dependents, where
the deceased employee was a minor, the number of persons dependent upon
said deceased employee shall be determined in the same way as if said deceased
employee were an adult, notwithstanding any rule of law as to the person
entitled to a minor’s wages.
( h) Compensation shall be computed upon the foregoing basis. Distribution
shall be made among dependents, if more than one, according to the order of
the workmen’s compensation bureau, which shall, when applied to for that pur
pose, determine, upon the facts being presented to it, the proportion to be paid
to or on behalf of each dependent according to the relative dependency. Pay
ment on behalf of infants shall be made to the surviving parent, if any, or to
the statutory or testamentary guardian.
(i) If death results from the accident, whether there be dependents or not,
expenses of last sickness in accordance wTith the provisions for medical and
hospital service as set forth in paragraph 14 of this a c t; also the cost of burial,
not to exceed $150.
O') In computing compensation to those named in this paragraph, except in
the case of husband, wife, parents, and stepparents, only those under 16 or
over 40 years of age shall be included, and then only for that! period in which
they are under 16 or over 40: Provided, however, That payments to such physi
cally or mentally deficient persons as are for such reason dependent shall be
made during the full term of compensation payment of 300 weeks.
(fc) The compensation in case of death shall be subject to a maximum com
pensation of $20 per week and a minimum of $10 per’ w eek: Provided, That if
122
PART V. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
at the time of the injury the employee receives wages of less than $10 per week,
then the compensation shall be for the full amount of such wages per week.
This compensation shall be paid during 300 weeks: Provided, That if at the
expiration o f 300 weeks there shall be one or more dependents under 16 years
of age, compensation shall be continued for such dependents until they reach
16 years o f age at the schedule provided under clauses (©)» (&)» (e ), (# ), (e),
and ( f ) of paragraph 12.
[Section 14 (as amended 1919, ch. 93; 1923, ch. 245) was amended by chap
ter 149, Acts o f 1928, to read as follow s:]
14.
Medical, etc., aM ,— The employer shall furnish to the injured workmen
such medical, surgical and other treatment, and hospital service as shall be
necessary to cure and relieve the workman of the effects of the injury and
to restore the functions o f the injured member or organ where such restora
tion is possible: Provided, however, That the employer shall not be liable
to furnish or pay for physician’s or surgeon’s services in excess o f $50 and
in addition to furnish hospital service when necessary in excess o f $50, unless
the injured workman or the physician who treats him, or any other person
on his behalf, shall file a petition with the workmen’s compensation bureau
stating the need for such physician’s or surgeon’s services in excess of $50,
as aforesaid, and such hospital service or appliances in excess o f $50 as afore
said and the workmen’s compensation bureau after investigating the need of the
same and giving the employer an opportunity to be heard, shall determine
that such physicians’ and surgeons’ treatment and hospital services are or
were necessary, and that the fees for the same are reasonable and shall make
an order requiring the employer to pay for or furnish the same. If the em
ployer shall refuse or neglect to comply with the foregoing provisions o f this
paragraph the employee may secure such treatment and services as may be
necessary and as may come within the terms o f this paragraph, and the
employer shall be liable to pay therefor: Provided, hoivever, That the employer
shall not be liable for any amount expended by the employee or by any third
person on his behalf for any such physicians’ treatment and hospital services,
unless such employee or any person on his behalf shall have requested the
employer to furnish the same and employer shall have refused or neglected
so to do, o r unless the nature of the injury required such services, and the
employer or his superintendent or foreman, having knowledge o f such injury
shall have neglected to provide the same, or unless the injury occurred under
such conditions as make impossible the notification o f the employer, or unless
the circumstances are so peculiar as shall justify, in the opinion o f the work
men’s compensation bureau, the expenditure assumed by the employee for
such physicians’ treatment and hospital services, apparatus and appliances,
all fees and other charges for such physicians’ and surgeons’ treatment, and
fees and charges as prevail in the same community for similar physicians’,
surgeons’, and hospital services. When an injured employee may be partially
or wholly relieved o f the effects of a permanent injury, by use of an artificial
limb or other appliance, which phrase shall also include artificial teeth or
glass eye, the workmen’s compensation bureau, acting under competent medical
advice, is empowered to determine the character and nature of such limb or
appliance, and to require the employer or his insurance carrier to furnish
same.
[Acts of 1918 (ch. 149, sec. 17) was amended by chapter 324, Acts o f 1927,
to read as follow s:]
S e c . 17. Fees .— The commissioner of labor and the deputy commissioners
may make such rules and regulations for the conduct o f such hearing not
inconsistent with the provisions of this act or o f the act to which this act
is a supplement, as may, in his judgment, be necessary. The official conducting
any hearing under this act may, in his discretion, allow to the party in whose
favor judgment is entered, costs of witness fees and a reasonable attorney fee
not exceeding 20 per cent of the judgment; and a reasonable fee not exceeding
$50 for any one witness, or $150 in any one case, for medical witnesses residing
in the State o f New Jersey, when in his judgment, the services of an at
torney and medical witnesses were necessary for the proper presentation of
the case. When, however, prior to any hearing compensation has been offered
or paid, the reasonable allowance for attorney fee shall be based upon only
that part of the judgment or award in excess of the amount of compensation
theretofore offered or paid.' [Added by chapter 224, Acts o f 1928] : Promded,
hoivever, That when the amount of the judgment, or when that part of the
TEXT OF LAWS---- N E W JERSEY
123
judgment or award in excess of compensation theretofore offered or paid is
less than $200, then an attorney fee may be allowed not in excess of $50.
Supplem ental L a w
[Chapter 136, Acts of 1928, by a separate enactment provides that the com
missioner of labor and each deputy commissioner of compensation is author
ized to appoint a representative with power to act for a person entitled to
compensation when it shall appear that such person is mentally, legally, or
physically unable to properly receive or disburse compensation, or who after
due diligence can not be located.
[Chapter 163, Acts of 1928, provides that municipalities and fire districts are
now empowered to provide compensation insurance for volunteer firemen. The
premiums to be paid from the tax levy.
[Chapter 95, Acts of 1911 (as amended 1913, ch. 301), was amended by chap
ter 225, Acts of 1928, providing that a compromise or composition of a claim
on behalf of a minor must be approved by the workmen’s compensation bureau
instead of by the court of common pleas.]
46675°— 29-------9
NEW MEXICO
[The only law enacted on the subject of workmen’s compensation was chap
ter 100, Acts of 1927, authorizing the State highway commission to take out
compensation insurance covering its employees engaged in extrahazardous
occupations.]
124
NEW YORK
[The compensation law of this State (Acts of 1914, ch. 41, as amended to
1922, ch. 615) was amended by chapters 493, 494, 496, 497, 553, 554, 555, 556,
557, and 558, acts of 1927, and chapters 584, 749, 750, 752, 753, 754, and 755,
acts of 1928. Other acts directly or indirectly affecting compensation are
chapters 166 and 578, Acts of 1927. The changes are indicated below.
[Section 3, subdivision 1, group 18, was amended by chapter 755, acts of
1928, to read as follow s:]
Group 18. All other employments, notwithstanding the definition of employ
ment in subdivision 5 of section 2, not hereinbefore enumerated carried on by
any person, firm, or corporation in which there are engaged or employed four
or more workmen or operatives regularly, in the same business or in or about
the same establishment either upon the premises or at the plant or away from
the plant of the employer, under any contract of hire, express or implied, oral
or written, except farm laborers and domestic servants.
[Section 3, subdivision 2, was amended by chapter 754, Acts of 1928, to read
as follow s:]
2.
Occupational diseases. Compensation shall be payable for disabilities
sustained or death incurred by an employee resulting from the following occupa
tional diseases:
COLUMN i
COLUMN 2
Description of diseases
Description of process
1. Anthrax.
2. Lead poisoning or its sequelae.
3. Zinc poisoning or its sequelae.
4. Mercury poisoning or its sequelae.
5. Phosphorous poisoning or its se
quelae.
6. Arsenic poisoning or its sequelae.
7. Poisoning by wood alcohol.
8. Poisoning by benzol or nitro,
hydro, and amido derivatives of
benzene ( dinitro-benzol, anilin,
and others), or its sequelae.
9. Poisoning by carbon bisulphide or
its sequelae.
1. Handling of wool, hair, bristles,
hides or skins.
2. Any process involving the use of
or direct contact with lead or its
preparations or compounds.
3. Any process involving the use of
or direct contact with zinc or
its preparations or compounds or
alloys.
4. Any process involving the use of
or direct contact with mercury
or its preparations or compounds.
5. Any process involving the use of
or direct contact with phos
phorous or its preparations or
compounds.
6. Any process involving the use of
or direct contact with arsenic
or its* preparations or com
pounds.
7. Any process involving the use o f
wood alcohol or any preparation
containing wood alcohol.
8. Any process involving the use of
or direct contact with benzol or a
nitro, hydro, or amido derivative
of benzene or its preparations or
compounds.
9. Any process involving the use of
or direct contact with carbon
bisulphide or its preparations
or compounds.
125
126
PART Y. TEXT OF LAW S, UNITED STATES, 19 2 7 - 2 8
COLUMN 1
COLUMN 2
10. Poisoning by nitrons fumes or its
sequelae.
11. Poisoning by nickel carbonyl or its
sequelae.
12. Dope poisoning (poisoning by *'trachlor-methane or any substance
used as or in conjunction with a
solvent for acetate of cellulose
or its sequelae.
13. Poisoning by formaldehyde and its
preparations.
10. Any process in which nitrous fumes
are evolved.
11. Any process in which nickel car
bonyl is evolved.
12. Any process involving the use of
or direct contact with any sub
stance used as or in conjunction
with a solvent for acetate of cel
lulose.
13. Any process involving the use of
or direct contact with formalde
hyde and its preparations.
14. Any process involving the use of
or direct contact with chromic
acid or bichromate of ammo
nium, potassium, or sodium, or
their preparations,
15. Handling or use of tar, pitch, bitu
men, mineral oil, or paraffin, or
any compound, product, or resi
due of any of these substances.
14. Chrome ulceration or its sequelae.
15. Epitheliomatous cancer or ulcera
tion of the skin or of the corneal
surface o f the eye, due to tar,
pitch, bitumen, mineral oil, or
paraffin, or any compound, prod
uct or residue of any of these
substances.
16. Glanders.
17. Compressed air illness or its seque
lae.
18. Miners’ diseases, including only cel
lulitis, bursitis, ankylostomiasis,
tenosynovitis, and nystagmus.
19. Cataract in glass workers.
16. Care or handling of any equine
animal or the carcass of any such
animal.
17. Any process carried on in com
pressed air.
18. Any process involving mining.
19. Processes in the manufacture of
glass involving exposure to the
glare o f molten glass.
[Section 13 was amended by chapter 553, Acts of 1927, to read as follow s:]
Sec. 13. Treatment and care of injured employees.— The employer shall
promptly provide for an injured employee such medical, surgical or other
attendance or treatment, nurse and hospital service, medicine, crutches, and
apparatus for such period as the nature of the injury or the process of recovery
may require. If the employer fail to provide the same, after request by the
injured employee, such 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 service unless he shall have requested the
employer to furnish the same and the employer shall have refused or neglected
to do so, or unless the nature of the injury required such treatment and services
and the employer or his superintendent or foreman having knowledge of such
injury shall have neglected to provide the same; nor shall any claim for
medical or surgical treatment be valid and enforceable, as against such em
ployer, unless within 20 days following the first treatment, the physician
giving such treatment, furnish to the employer and the industrial commissioner
a report of such injury and treatment, on a form prescribed by the industrial
commissioner. The board may, however, by the unanimous vote of all the
qualified members, excuse the failure to give such notice within 20 days
when it finds it to be in the interest of justice to do so, and may, subject to
the limitations contained in section 28 of this chapter, make an award for the
reasonable value of such medical or surgical treatment. All fees and other
charges for such treatment and services, whether furnished by the employer or
otherwise, shall be subject to regulation by the board as provided in section
24 of this chapter, 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.
The liability of an employer for medical treatment as herein provided shall
not be affected by the fact that his employee was injured through the fault
or negligence of a third party, not in the same employ, unless and until notice
TEXT OF LAW S---- N E W YORK
127
of election to sue or the bringing of suit against such third party. The em
ployer shall, however, have an additional cause of action against such third
party to recover any amounts paid by him for such medical treatment, in like
manner as provided in section 29 of this chapter.
[Section 14, subdivision 3, was amended by chapter 754, Acts of 1928, to read
as follow s:]
3.
I f either of the foregoing methods of arriving at the annual average earn
ings of an injured employee can not reasonably and fairly be applied, such
annual average earnings shall be 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, or other
employment as defined in this chapter, in the same or neighboring locality,
shall reasonably represent the annual earning capacity of the injured employee
in the employment in which he was working at the time of the accident.
[Section 15, subdivision 2, was amended by chapter 555, Acts of 1927, to read
as follow s:]
2.
Temporary total disability. In case of temporary total disability, 66% per
cent of the average weekly wages shall be paid to the employee during the
continuance thereof, but not in excess of $5,000, except as otherwise provided in
this chapter.
[Section 15, subdivision 3, paragraph m, was amended by chapter 554, Acts of
1927, to read as follow s: ]
m. Loss of hearing: Compensation for the complete loss of the hearing of one
ear, for 60 weeks; for the loss of hearing of both ears, for 150 weeks.
[Section 15, subdivision 3, paragraph o, was amended by chapter 754, Acts of
1928, to read as follow s:]
o.
Amputated arm or le g : Compensation for an arm or a leg, if amputated at
or above the wrist or ankle, shall be for the proportionate loss of the arm or leg.
[Section 15, subdivision 4, was amended by chapter 556, Acts of 1927, by
adding a new subdivision (d) to read as follow s:]
d. If there be no surviving wife (or dependent husband) and no surviving
child or children of the deceased under the age of 18 years, then to such depend
ent or dependents as defined in section 16 of this chapter, as directed by the
board.
[Section 15, subdivision 5, was amended by chapter 555, Acts of 1927, to read
as follow s:]
5. Temporary partial disability: In case of temporary partial disability result
ing in decrease of earning capacity, the compensation shall be two-thirds of the
difference between the injured employee’s average weekly wages before the
accident and his wage-earning capacity after the accident in the same or
another employment but shall not exceed in total $4,000.
[Section 15, subdivision 6, was amended by chapter 558, Acts of 1927, to read
as follow s:]
6. Maximum and minimum compensation for disability: Compensation for
permanent or temporary partial disability shall not exceed $20 per week nor be
less than $8 per w eek; compensation for permanent or temporary total disability
shall not exceed $25 per week, nor be less than $8 per week: Provided, however,
Thati if the employee’s wages at the time of injury are less than $8 per week,
he shall receive his full weekly wages.
[Section 15 was amended by chapter 557, Acts o f 1927, by adding a new
subdivision, 6-a, to read as follow s:]
6-a. Reclassification of disabilities. The board may, within one year from
the date of accident, upon its own motion, or on application of any party
in interest, reclassify a disability upon proof that there has been a change
in condition, or that the previous classification was erroneous and not in the
interest of justice.
[Section 15, subdivision 8, was amended by chapter 493s Acts of 1927, to read
as follow s: ]
8.
Permanent total disability after permanent partial disability: If an em
ployee who has previously incurred permanent partial disability through
the loss of one hand, one arm, one foot, one leg, or one eye, incurs permanent
total disability through loss of another member or organ, he shall be paid,
in addition to the compensation for permanent partial disability provided in
this section and after the cessation of the payments for the prescribed period
of weeks special additional compensation for the remainder of his life to
the amount of 66% per cent of the average weekly wage earned by him at
the time the total permanent disability was incurred. Such additional com
128
PART V. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
pensation shall be paid out of a special fund created for such purpose in the
following manner: The employer, or if insured, his insurance carrier, shall
pay into such special fund for every case of injury causing death in which
there are no persons entitled to compensation the sum of $500. The commis
sioner of taxation and finance shall be the custodian of this special fund, and
the commissioner shall direct the distribution thereof.
[Section 19a was added by chapter 496, Acts of 1927, providing that physi
cians in the employ of the labor department for examination of claimants
are now prohibited from accepting fees from compensation insurance carriers
or from self-insurers.
[Section 19b was added by chapter 752, Acts of 1928, providing that no
physician in the employ of the department of labor may treat any claimant,
or recommend that a claimant be treated by any particular physician, but he
may recommend the kind of treatment needed. Upon the failure of employer
or insurer to prescribe treatment within five days after being so directed, the
claimant may secure the same at the expense of the employer or carrier.
[Section 20 was amended by chapter 754, Acts of 1928, providing that hearings
before a referee shall continue before the same referee until final determination,
if possible.
[Section 22 was amended by chapter 754, Acts of 1928, providing that an
award may be reviewed upon proof of erroneous wage ra te ; that an award
may be made effective from the date o f the injury in the event the compensa
tion rate is increased, and if part of the compensation is unpaid and the rate
is decreased it may be made effective from the date o f the injury.
[Section 23 was amended by chapter 754, Acts of 1928, to give to any party
applying to the board for modification or rescindment of a referee’s award or
decision within 20 days after the referee makes it, an extension of appeal time
beyond the 30 days’ limit otherwise applicable. It allows 20 days for appeal
from the board’s action upon the application. The appeal time may thus stretch
out to 40 days or more. To check employers and carriers from applying for
modification or rescindment or taking appeal merely to delay payment, the
board may levy not to exceed $25 additional compensation upon them. Appeal
may be taken from part of an award, in which case, the part not appealed from
may be paid without prejudicing rights as to the appealed part
[A new section, 24-a, was added by chapter 749, Acts of 1928, to read as
follows :1
Sec. 24-a*. Representation before the industrial board.— No person, firm, or
corporation, other than an attorney and counsellor-at-law, shall appear on
behalf of any claimant or person entitled to the benefits of this chapter, before
the industrial board or any officer, agent, or employee o f the department as
signed to conduct any hearing, investigation, or inquiry relative to a claim for
compensation or benefits under this chapter, unless he shall be a citizen of the
United States, and shall have obtained from the commissioner a license author
izing him to appear in matters or proceedings before the department. Such
license shall be issued by the commissioner upon recommendation of the board,
and in accordance with the rules established by the board. The board, in its
rules, shall provide for the issuance of licenses to representatives of charitable
and welfare organizations, or to associations who employ a representative to
appear for members of such association, upon certification of the proper officer of
such association or organization, which licenses shall issue without charge;
and may provide, for a license fee in the case of all other persons, firms, or
corporations in an amount to be fixed by said rules, not exceeding the sum of
$100 a year. The board may further provide in its rules for such tests of char
acter and fitness as it may deem necessary.
There shall be maintained in each office of the department a registry or list
of persons to whom licenses have been issued as provided herein, which list
shall be corrected as often as licenses are issued or revoked. Absence of a
record of a license issued as herein provided shall be prima facie evidence that
a person, firm, or corporation is not licensed to represent claimants.
Any such license may be revoked by the commissioner, for cause, and on the
recommendation of the board, after a hearing before such board, shall be re
voked by the commissioner. No license hereunder shall be issued for a period
longer than one year from the date of its issuance. The provisions of this sec
tion shall not apply to a regular employee of a self-insured employer or of an
insurance carrier appearing on behalf of his employer.
No fee or allowance, in accordance with the provisions of section 24 of this
chapter, shall be made for services rendered by any such person, firm, or cor
TEXT OF LAW S---- N E W YORK
129
poration who has received a license hereunder without payment of a license
fee.
[Section 25 (as amended 1926, ch. 260) was amended by chapter 497, Acts of
1927, so that for failure to notify the commissioner of the cessation of com
pensation payments the penalty now is $25 instead of $100, and is in the dis
cretion of the commissioner after a hearing.
[ Section 28 was amended by chapter 754, acts o f 1928, to read as follow s: 1
Sec. 28. Limitations.—The right to claim compensation under this chapter
shall be barred, except as hereinafter provided, unless within one year after the
accident, or if death results therefrom, within one year after such death, a
claim for compensation shall be filed with the commissioner, but the employer
and insurance carrier shall be deemed to have waived the bar of the statute
unless the objection to the failure to file the claim within one year is raised on
the first hearing on such claim at which all parties in interest are present. No
case in which an advance payment is made shall be barred by the failure of the
employee to file a claim, and the board may at any time order a hearing on any
such case in the same manner as though a claim for compensation had been
filed. The board may, however, by unanimous vote of the members qualified to
act, permit the filing of a claim for compensation after the expiration o f one
year from the date of accident, but not exceeding two years after the date
of such accident, when it shall find that such filing shall be in the interest
of ju stice; and may order a hearing and make such award or decision on such
claim as though the claim for compensation had been filed within the time
prescribed in this section.
[Section 40 was amended by chapter 754, Acts o f 1928, to read as follow s:]
Seo. 40. Time limit.— Neither the employee nor his dependents shall be en
titled to compensation for disability or death resulting from disease unless
the disease is due to the nature of his employment and contracted therein,
or in a continuous employment similar to the one in wrhich he was engaged
at the time of his disablement, within the 12 months previous to the date
of disablement, whether under one or more employers.
[Section 45 wras amended by chapter 754, Acts of 1928, to read as follow s:]
Seo. 45. Notice.—The employer to whom notice of death or disability is to be
given, or against whom claim is to be made by the employee, shall be the em
ployer who last employed the employee during the said 12 months in the em
ployment to the nature of which the disease was due and such notice and claim
shall be deemed seasonable as against prior employers. The requirements as to
notice as to occupational disease and death resulting therefrom shall be the
same as required in section 18 of this chapter, except that the notice shall be
given to the commissioner and the employer within 90 days after the
disablement.
[Section 50, subdivision 3-a (as amended 1923, ch. 557), was amended by
chapter 494, Acts of 1927, by providing that where a city or village participating
in a special mutual insurance plan is situated in two counties, instead of ap
portioning the liability between the counties the city or village may now elect
with which county it will carry all its insurance.
[Section 50, subdivision 3-b, was added by chapter 584, Acts o f 1928, and
reads as follow s:]
3-b. No person, firm, or corporation, other than an attorney and counsellor
at law, shall solicit the business of representing, or engage in representing
self-insurers, as defined in subdivision 3 of this section, before the board or
any officer, agent, or employee of the department assigned to conduct any
hearing, investigation, or inquiry relative to a claim for compensation or benefits
under this chapter, unless he shall be a citizen of the United States or a cor
poration organized under the laws of the State of New York, and shall have
obtained from the commissioner a license authorizing him to appear in matters
or proceedings before the department.
Such license shall be issued by the commissioner upon the recommendation of
the board and in accordance with the rules established by the board.
The board in its rules may provide for the issuance of licenses to persons,
firms, or corporations upon such proof of character and fitness as it may deem
necessary, and may provide for a license fee in an amount not exceeding $100
a year, and for the giving of a bond running to the people of the State of New
York, conditioned upon the faithful performance of all duties required of such
person, firm, or corporation, and in an amount to be fixed by the board in its
rules. Such bond shall be approved by the commissioner as to form and suf
ficiency and shall be filed with the commissioner.
130
PART V. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
There shall be maintained in each office of the department a registry or list
of all persons to whom licenses have been issued, as provided herein, which list
shall be corrected as often as licenses are issued or revoked. Absence of record
of the license issued, as herein provided, shall be prima facie evidence that a
person, firm, or corporation is not licensed to represent self-insurers.
Any such license may be revoked by the commissioner for cause, and on the
recommendation of the board, after a hearing before such board, shall be re
voked by the commission.
No license shall be issued hereunder for a period longer than one year from
the date of its issuance. The provisions of this section shall not apply to a
regular employee of a self-insured employer.
[Section 54, subdivision 4, was amended by chapter 754, Acts of 1928, by
providing that every contract of insurance issued by an insurance carrier
covering the liability of an employer for the payment of compensation shall
be deemed to include all employees of the employer employed at or in connec
tion with the business of the employer carried on at the locations set forth in
the contract, unless they are expressly excluded.
[Section 90 was amended by chapter 750, Acts of 1928, to read as follow s:]
Sec. 90. Creation of State fund.— There is hereby created a fund to be known
as “ the State insurance fund,5’ for the purpose of insuring employers against
liability for personal injuries or death sustained by their employees and of
assuring to the persons entitled thereto the compensation and benefits provided
by this chapter or by any act providing for compensation now or hereafter en
acted by the Congress of the United States of America if such liability is
incident to an employment carried on in this State. Such fund shall consist
of all premiums received and paid into the fund, of property and securities
acquired by and through the use of moneys belonging to the fund and of interest
earned upon moneys belonging to the fund and deposited or invested as herein
provided. Such fund shal,l be applicable to the payment of losses sustained on
account of insurance and to the payment of expenses in the manner provided
in this chapter. Such fund shall be administered by the industrial commissioner.
[Section 110 was amended by chapter 754, acts of 1928, by requiring the
reporting of only those injuries which cause loss of time beyond the day
or working shift on which the accident occurred, or which require medical
treatment beyond ordinary first a id ; and whenever directed by the commis
sioner an employer shall report any other accident resulting in an injury
or an occupational disease incurred by an employee in the course of his
employment.
[Section 126 was amended by chapter 753, Acts of 1928, by requiring the
industrial commissioner to exhibit in his office to all insurance carriers, for
30 days, an itemized statement of the expense of administering the com
pensation law, following notice to all of them and before assessment of the
expenses upon them.]
Supplemental L aw
[The following supplemental laws were enacted in 1927:
[Article 2, chapter 50, Acts of 1921, was amended by chapter 166, Acts of
1927. The labor law of the State was amended to conform to the State depart
ment law. The term of office of the industrial commissioner is changed from
four years to the end of the appointing governor’s term and until his successor
is appointed. The salary of the industrial commissioner is increased from
$8,000 to $12,000, and the salary of members of the board is increased from
$8,000 to $8,500.
[Section 50, chapter 15, subdivision 8, Acts of 1909 (as amended by ch.
669, acts of 1925), was amended by chapter 578, Acts of 1927, providing that
persons entitled to a pension or death benefit under the public employees’
retirement system are not entitled to benefits under the workmen’s compensation
a c t]
NORTH DAKOTA
[The compensation law of this State (Acts of 1919, ch. 162) was amended by
chapters 284, 285, 286, acts of 1927. The changes are indicated below.
[Section 3 (as amended 1921, ch. 141; 1925, ch. 223) was further amended
by chapter 286, Acts of 1927, to read as follow s: ]
Section 3. Benefits— medical, etc., aid— Schedule.— On and after July 1, 1919,
it shall be the duty of the workmen’s compensation bureau hereinafter created
to disburse compensation from the North Dakota workmen’s compensation
fund to any employee subject to this act for injury arising in the course of em
ployment in accordance with the following provisions :
A. Immediately after an injury sustained by an employee and during the
resulting period of disability, the North Dakota workmen’s compensation fund
shall furnish to such employee such medical, surgical, and hospital service and
supplies as the nature of the injury may require.
B. During the first seven days of disability the employee shall not be entitled
to compensation, except a.s provided in the preceding paragraph: Provided,
That if the period of disability exceeds seven days compensation shall be paid
from the date of the injury.
C. If the injury cause temporary or permanent total disability, the North
Dakota workmen’s compensation fund shall pay to the disabled employee
during such disability a weekly compensation equal to 66% per cent of his
weekly w age: Provided, hoivever, That if the disability be permanent total dis»
ability the total amount payable shall not exceed $15,000.
D. If the injury cause temporary partial disability, the North Dakota work
men's compensation fund shall pay to the disabled employee during such dis
ability a weekly compensation equal to 66% per cent of his loss in earning
capacity.
E. I f the injury cause permanent, partial disability, the percentage which
such disability bears to total disability, taking into consideration the em
ployee’s age and occupation, shall be determined, and the North Dakota work
men’s compensation fund shall pay to the disabled employee a weekly compen
sation equal to 66% per cent of his weekly wages for the following periods:
Weeks
5
For a 1 per cent disability____________ ___________ ____________
For a 10 per cent disability_____________________________ _____ 50
For a 20 per cent disability__________________ ______ __________100
For a 30 per cent disability___________________________________ 150
For a 40 per cent disability__________________________________ 2001
For a 50 per cent disability__________________________________ 250
For a 60 per cent disability__________________________________ 300
For a 70 per cent disability_____________________________ _____ 350
For an 80 per cent disability_________________________________ 400
For a 90 per cent disability__________________________________ 450
131
132
PART V. TEXT OF LAW S, UNITED STATES, 19 2 7 - 2 8
And the following shall be the schedule of specific benefits to be allowed for
specific injuries :
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
For loss of arm at shoulder, 234 weeks____ ___________________________________
For loss of arm at or above elbow, 213.5 weeks............... ......................... ................
For loss of hand at or above wrist, 195 weeks. _
__________________________
For loss of thumb, 45 weeks. ______ __________________ _ _____________________
For loss of second or distal phalange of thumb, 22.5 weeks___________________
For loss of first finger, 29.25 weeks__ _________ _ ____ ________________________
For loss of middle or second phalange of first finger, 19.5 weeks__________ ____
For loss of third or distal phalange of first finger, 9.75 weeks..... ................... .......
For loss of second finger, 24.75 weeks_________ ____________
For loss of middle or second phalange of second finger, 16.5 wTeeks____________
For loss of third or distal phalange of second finger, 8.25 weeks. _____________
For loss of third finger, 15.75 w eeks.. ____________________ _ _ _ ____ _______
For loss of middle or second phalange of third finger, 10.5 weeks ............
For loss of third or distal phalange of third finger, 5.25 weeks ............. _ _ _
For loss of fourth finger, 13.5 weeks__ ________________________________________
For loss of middle or second phalange of fourth finger, 9 w e e k s _____ ________
For loss of third or distal phalange of fourth finger, 4.5 wTeeks________________
For loss of leg at the hip, 234 weeks__________________ ______________________
For loss of leg at or above the knee, 195 weeks__________ ___________________
For loss of foot at or above the ankle, 136.5 weeks _ ________________________
For loss of great toe, 19.5 wTeeks_________
_ _______________________________
For loss of any other toe, 7.5 weeks____
. _ _ ___________ ____________
For loss of sight of an eye, 9.75 [97.5] or 100 wreeks___ _________________________
For loss of hearing in one ear, 29.25 weeks. _ . _____________________________
For loss of hearing in both ears, 156 weeks__ __ _____________ ________________
M inim um
Maximum
$1,404. 00
1, 281. 00
990. 00
270. 00
125.00
175. 50
117.00
58.50
148. 50
99.00
49. 50
94.50
63.00
31.50
81.00
54.00
27.00
1,404. 00
990.00
819.00
117. 00
45.00
585.00
175. 50
936. 00
$4, 680.00
4, 270.00
3, 900.00
900.00
450. 00
585.00
390.00
195.00
495.00
330.00
165.00
315.00
210.00
105.00
270.00
180.00
90.00
4, 680. 00
3, 900.00
2, 730.00
390.00
150.00
1,950.00
585.00
3,120.00
F. The weekly compensation for total disability shall not be more than $20
nor less than $6 unless the employee’s weekly wages are less than $6, in which
case his weekly compensation shall be the actual amount of his weekly wages.
The weekly compensation for partial disability shall not be more than $20.
I f the injured person was at the time of the injury a minor or employed in a
learner’s capacity, and not physically or mentally defective, the bureau shall,
from time to time, determine the probable increase in weekly earning capacity
of such person if such injury had not occurred, and shall base its- award for
compensation upon such probable weekly wage-earning capacity.
G. I f death results from an injury within six years, the North Dakota
workmen’s compensation fund shall pay to the following persons for the periods
specified a weekly compensation equal to the following percentages of the de
ceased employee’s weekly wages;: Provided, however, That no compensation
shall be paid where death takes place more than one year after the cessation
of disability resulting from the injury, or, if there has been no disability preced
ing death, if death takes place more than one year after the in ju ry: And pro
vided further, That the total amount payable shall not exceed the sum of
$15,000, in addition to the amounts paid for compensation and medical and
hospital expense during temporary disability.
[ ( a ) , (&), (o), and (d). Nos change.]
( e ) To the parents, if one is wholly dependent for support upon the deceased
employee at the time of his death and the other is not dependent to any extent,
25 per cent; if both are wholly dependent, 20 per cent to each; if one or both
are partially dependent, a proportionate amount in the discretion of the bureau.
The foregoing percentages shall be paid only if there is no widow, widower, or
child. I f there is a widower, widow, or child, there shall be paid only so much
of the foregoing percentages as, when added to the total of the percentages,
payable to the widow, widower, and children, shall not exceed the total of 66%
per cent: Provided, That any compensation so payable to the parents, if there
is a widow, widower, or child, shall not be included in the limitation of $15,000
referred to in paragraph G.
if) To the brothers, sisters, grandparents, and grandchildren, if one is wholly
dependent upon the deceased employee for support at the time of his death,
20 pea* cent to such dependent; if more than one are wholly dependent, 30 per
cent, divided among such dependents, share and share alike; if none of them
are wholly dependent but one or more are partly dependent, 10 per cent divided
among such dependents, share and share alike. The foregoing percentages shall
be paid only if there is no widow, widower, child, or dependent parent. If there
is a widow, widower, child, or dependent parent, there shall be paid only so
TEXT OF LAW S---- NORTH
DAKOTA
133
much of the foregoing percentages as, when added to the total percentages pay
able to the widow, widower, children, and dependent parents, shall not exceed a
total of 66% per cent: Provided, That any compensation payable to any de
pendents under this paragraph, if there is a widow, widower, child, or depend
ent parent, shall not be included in the limitation of $15,000 referred to in
paragraph G.
[(# ), ( h ), (i), ( ; ) , and (k). No change.]
[(Z) and (m ) are new provisions:]
(I)
In case of death or of permanent, total, or of permanent partial disability,
and if the bureau determines that it is for the best interest of the beneficiary,
the liability for compensation to such beneficiary may be discharged by the pay
ment of a lump sum equal to the present value of all future payments of com
pensation computed at 4 per cent discount compounded annually. The proba
bility of the beneficiary’s death before the expiration of the period during which
he is entitled to compensation shall be determined according to the American
Experience Table of Mortality; but in case of compensation to the widow or
widower of the deceased employee, suclr lump sum shall not exceed 416 weeks’
compensation. The probability of the happening of any other contingency
affecting the amount or duration of the compensation shall be disregarded.
(m) If death results from the injury within six years the North Dakota
Workmen’s Compensation Fund shall pay to the personal representative of the
deceased employee burial expenses not to exceed $150.
[Section 4 (as amended 1921, ch. 145; 1925, ch. 220) was further amended
by chapter 285, Acts of 1927, by providing that failure to comply with reasonable
safety regulations within 10 days after notice from the compensation bureau is
a misdemeanor punishable by a fine of $10 to $100; that the compensation
bureau is authorized to designate individuals for inspection of safety regula
tions ; that the salary of members of the compensation bureau is increased
from $2,500 to $2,800. In place of the limitation of $55,000 for administrative
expenses of the compensation bureau, an appropriation of $120,000 is made for
the period ending June 30, 1929.]
Supplemental Law
Chapter 284.— Investment of compensation funds
Section 1. The workmen’s compensation bureau is hereby authorized, at its
discretion, to invest the moneys in the workmen’s compensation fund in bonds
or certificates of indebtedness of the State of North Dakota, or of any political
subdivision thereof.
Sec. 2. Such investment shall not be made except upon resolution duly entered
upon the minutes of the bureau by a majority vote of all the members of said
bureau directing the same and such securities shall have the approval of the
attorney general as to the form and legality thereof: Provideo.I, That the
treasurer of the State of North Dakota, shall be, and he is hereby, made the
custodian of all such bonds and certificates of indebtedness, purchased or
acquired by the workmen’s compensation bureau hereunder, and it shall be the
duty of such bureau to deliver the same to the said State treasurer, as such
custodian thereof.
OREGON
[The compensation law of this State was amended by chapters 188, 208, 216,
227, 312, 326, 413, 414, Acts of 1927. The changes are indicated below.
[Section 6613, Laws of 1920, was amended by chapter 413, Acts of 1927,
by providing that the governor is now required to make an annual audit of
the funds of the industrial accident commission, and report results t o , the
legislature.
[Section 6614-1 was added to the Laws of 1920 by chapter 326, section 1,
Acts of 1927:]
Section 6614-1. Rejection of law by State .— If the State or any State depart
ment, county, incorporated city or town, school district, irrigation district,
or political subdivision of the State or any county shall engage as an employer
in any hazardous occupation as defined in this act, it shall not have the right
to reject the provisions and benefits of this act: Provided, however, That this
section shall not apply to ports or port commissions nor to cities having a pop
ulation of more than 100,000.
[Section 6615, Laws of 1920, was amended by chapter 312, Acts of 1927, by
omitting the provision formerly contained in the section, that it shall not apply
to workmen under legal working age.
[Section 6617, subparagraph (m ), Laws of 1920 (as amended 1925, ch. 40),
was further amended by chapter 326, section 2, Acts of 1927, to read as follow s:]
(m) The work performed by salaried peace officers and firemen of the State
and the counties and municipal corporations of the State, and employees of the
State or any political subdivision thereof engaged in the operation of bridges
solely within the State. The State and such counties and municipal corpora
tions shall be deemed employers under the terms of this act and shall pay to
the accident fund the payments required of employers by this act: Provided,
'however, That if any such municipal corporation has provided by municipal
ordinance or by its charter for the compensation of such peace officers or fire
men injured in the course of their employment, such officers so protected shall
not be entitled to the benefits of this act.
[Section 6619-1, added to the Laws of 1920 by chapter 414, Acts of 1927,
reads as follow s:]
Sec. 6619-1. Dependents of comnioii-laiu marriage.— That in case an unmar
ried man and an unmarried woman shall have cohabited in the State of
Oregon as husband and wife for over one year prior to the date of an accidental
injury received by such man, and children shall be living as a result o f said
relation, said woman and said children shall be entitled to compensation
under this act the same as if said man and woman had been legally married.
[Section 6620, Laws of 1920, was amended by chapter 312, Acts o f 1927, by
providing that employers and employees about to engage in hazardous occupa
tions must now elect not to come under the act and file notice with the commis
sion prior to the time of so engaging instead of within three days as heretofore.
[ Section 6623, Laws of 1920, was amended by chapter 312, Acts of 1927, pro
viding that the employee must serve notice of his nonacceptance of the act prior
to or at the time of beginning of such hazardous employment instead o f as
formerly having three days’ time in which to serve notice.
[Section 6624, Laws o f 1920 (as amended 1925, ch. 133), was further amended
by chapter 312, Acts of 1927, by providing that the amount to be transferred
from the industrial fund to the catastrophe fund is increased from 1 per cent to
1% per cent of total monthly contributions received; and the commission is now
authorized temporarily to reduce the percentage of monthly receipts to be
transferred to the catastrophe fund,
[Section 6625, Laws of 1920 (as amended 1921, ch. 311; 1923, ch. 256; 1925,
ch. 360), was further amended by chapter 188, Acts of 1927, to read as follow s:]
Sec. 6625. Industrial accident fund.— There is hereby created a fund to be
known as the industrial accident fund, which fund shall be held by the State
134
TEXT OF LAW S---- OREGON
135
treasurer and by him deposited in such banks as are authorized to receive de
posits o f general funds of the State. All moneys received by the commission
hereunder shall be by it paid forthwith to the State treasurer and shall become
a part of the industrial accident fund. All payments authorized by this act,
including all salaries, clerk hire, and all other expenses, shall be made from
the industrial accident fund.
[Section 6636, Laws of 1920 (as amended 1925, ch. 133), was further amended
by chapter 326, section 3, Acts of 1927, to read as follow s:]
Sec. 6636. Public employees— Nonhazardous employments.— The State, State
departments, school districts, irrigation districts, ports, and port commissions
or other agencies of the State, counties, and incorporated city or town within
the State, or any employer engaged in any occupation other than those defined
in section 6617 hereof, or any municipal corporation not otherwise under this
act, engaged in a hazardous occupation, may make written application to the
commission to fix a rate o f contribution for such occupation, and thereupon it
shall be the duty of the commission to fix such rate, which shall be based on
the hazard of such occupation in relation to the hazards of the occupations for
which rates are prescribed by section 6624 hereof. Such applicant may file
notice in writing with the commission of his or its election to contribute under
this act, and shall forthwith display in a conspicuous manner about its works
and in a sufficient number of places to reasonably inform his or its workmen of
the fact, printed notices furnished by the commission stating that he or it has
elected to contribute to the fund. Any workman in the employ of such applicant
shall be entitled, upon notice of election by his employer to contribute to the
accident fund, to give a written notice to such employer of his election not to
become subject to this act. The employer and such of his or its workmen as
shall not have given such written notice of their election to the contrary shall
be subject to all of the provisions of this act and entitled to all of the benefits
thereof. Any employer, including the State, State departments, school districts,
irrigation districts, or other agencies of the State, counties, and cities becoming
subject to this act in the* manner prescribed in this section, shall pay the rate
so fixed by the commission and shall be entitled to a reduction of such rate in
the manner provided by section 6624 hereof, and shall retain and pay to the
commission the proportion of his workmen’s wages prescribed by section 6624
hereof.
[Sections 6640 and 6641, Laws of 1920, were repealed by chapter 227, Acts of
1927, relative to the temporary increase of 30 per cent in compensation by the
laws of 1920, chapter 5.
[Section 6644, Laws of 1920, was amended by chapter 208, Acts of 1927, to
read as follows : ]
Seo. 6644. Deductions must be reasonable.— It shall be lawful for an em
ployer to collect or deduct a portion of the wages of his employees for medical,
surgical, or hospital care and attention in such an amount and in such a
manner as may be reasonable : Provided, That it shall be unlawful to deduct
more than 10 cents per day from the wages of any employee for the first three
days of employment, and thereafter additional deductions may be made as
may be reasonable: Provided further, That if any employee shall complain
to the industrial accident commission as to the amount or manner o f said
deduction, then it shall be unlawful, after notice by said commission, for any
employer to deduct or accept any portion of the wages o f his employees,
except in the manner and amounts approved by the said industrial accident
commission: Provided further, That it shall be unlawful to make deductions
from the wages of any employee in the first calendar month of his employment,
who files with his employer a receipt from a former employer showing that
deductions for said calendar month have been made from his wages for the
purposes stated in this act: Provided, That it shall be unlawful for any em
ployer to directly or indirectly retain any portion of the said fund, so collected,
for his own use or benefit, it being the intention o f this act that the money
so collected by the employer shall be a trust fund and shall be kept in separate
accounts and promptly paid over for the purpose for which it is so collected,
and shall in no event become a part of the assets of any such employer; and in
the event said fund should become commingled with the funds of the employer
and the said employer should become bankrupt, insolvent, or go through
voluntary or involuntary liquidation, the amount thereof shall be entitled to
the same preference given to claims of the State industrial accident commis
sion as provided in section 6629, Oregon Laws, as amended.
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PART Y. TEXT OF LAW S, UNITED STATES, 19 2 7 - 2 8
Supplemental L aw
[Chapter 216, Acts of 1927, provides that every insurance policy under the
compensation act shall contain a provision that insolvency of the insured shall
not relieve the insurance carrier of liability.
[Chapter 326, section 4, Acts of 1927, reads as follow s:]
Sec. 4. Any rejection of the benefits of chapter 1, Title X X X V II, Oregon
Laws, known as the workmen’s compensation law, heretofore filed by the
State or any State department, county, incorporated city, or town except cities
having a population of more than 100,000, school district, irrigation district,
or other political subdivision of the State or any county shall be terminated
upon this act becoming effective in so far as such rejection applies to any
hazardous occupation as defined by said workmen’s compensation law,
PENNSYLVANIA
[The compensation law of this State (Acts of 1915, Act 338) was amended
by chapters 156, 164, and 271, Acts of 1927. The changes are noted below :
[Section 306 (as amended 1919, No. 277; 1921, No. 342; 1923, No. 29)
was further amended by chapter 156, Acts of 1927, to read as follow s:]
Sec. 306. Schedule, medical, etc., aid.— The following schedule of compensa
tion is hereby established for injuries resulting in total disability:
(а) For the first 500 weeks after the seventh day of total disability, 65
per cent o f the wages of the injured employee as defined in section 309; but
the compensation shall not be more than $15 per week nor less than $7 per
week and shall not exceed in aggregate the sum of $6,500: Provided, That, if
at the time of injury the employee receives wages of less than $7 per week,
then he shall receive the full amount of such wages per week as compensation.
Nothing in this clause shall require payment of compensation after disability
shall cease. Should partial disability be followed by total disability, the period
of 500 weeks mentioned in this clause of this section shall be reduced by the
number of weeks during which compensation was paid for such partial
disability.
(б) For disability partial in character except the particular cases men
tioned in clause (c ), 65 per cent o f the difference between the wages of the
injured employee, as defined in section 309, and the earning power of the
employee thereafter; but such compensation shall not be more than $15 per
week. This compensation shall be paid during the period of such partial
disability; not, however, beyond 300 weeks after the seventh day of such par
tial disability. Should total disability be followed by partial disability, the
period of 300 weeks mentioned in this clause shall be reduced by the number
of weeks during which compensation was paid for such total disability.
(c)
For all disability resulting from permanent injuries of the following
classes, the compensation shall be exclusively as follow s:
For the loss o f a hand, 65 per cent o f wages during 175 weeks.
For the loss of an arm, 65 per cent of wages during 215 weeks.
For the loss of a foot, 65 per cent of wages during 150 weeks.
For the loss of a leg, 65 per cent of wages during 215 weeks.
For the loss of an eye, 65 per cent of wages during 125 weeks.
For the loss of a thumb, 65 per cent of wages during 60 weeks.
For the lossi of a first finger, commonly called index finger, 65 per cent of
wages during 35 weeks.
For the loss of a second finger, 65 per cent of wages during 30 weeks.
For the loss of a third finger, 65 per cent of wages during 20 weeks.
For the loss of a fourth finger, commonly called little finger, 65 per cent of
wages during 15 weeks.
The loss of the first phalange of the thumb, or of any finger, shall be con
sidered equivalent to the loss of one-half of such thumb or finger, and shall
be compensated at the same rate as for the loss of a thumb or finger, but for
one-half of the period provided for the loss of a thumb or finger.
The loss of more than one phalange of a thumb or finger shall be considered
equivalent to the loss of the entire thumb or finger.
For the loss of any two or more such members or the permanent loss of the
use of the hand, arm, foot, leg, or eye, as hereinbefore provided, not constituting
total disability, 65 per cent of wages during the aggregate of the periods spe
cified for each.
For serious and permanent disfigurement o f the head or face o f such a charac
ter as to produce an unsightly appearance, and such as is not usually incident
to the employment, 65 per cent of wages not to exceed 150 weeks.
Unless the board shall otherwise determine, the loss of both hands or both
arms or both feet or both legs or both eyes shall constitute total disability, to be
compensated according to the provisions of clause ( a ).
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PART V. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
Amputation between the elbow and the wrist shall be considered as the equiva
lent of the loss of a hand, and amputation between the knee and 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, and amputation at or above
the knee shall be considered as the loss of a leg. Permanent loss o f the use
of a hand, arm, foot [or] eye, finger or thumb shall be considered as the
equivalent of the loss of such hand, arm, foot, leg [or] eye, finger, or thumb.
This compensation shall not be more than $15 per week nor less than $7 per
week: Provided, That, if at the time of injury the employee receives wages
o f less than $7 per week, then he shall receive the full amount of such wages
per week as compensation.
(d) No compensation shall be allowed for the first seven days after disability
begins, except as hereinafter provided in clause (e) of this section.
(e) During the first 30 days after disability begins, the employer shall fur
nish reasonable surgical and medical services, medicines, and supplies, as and
when needed, unless the employee refuses to allow them to be furnished by the
employer. The cost o f such services, medicines, and supplies shall not exceed
$100. I f the employer shall, upon application made to him, refuse to furnish
such services, medicines, and supplies, the employee may procure the same and
shall receive from the employer the reasonable cost thereof within the above
limitations. In addition to the above service, medicines, and supplies, hospital
treatment, services, and supplies shall be furnished by the employer for the said
period of 30 days. The cost for such hospital treatment, service, and supplies
shall not in any case exceed the prevailing charge in the hospital for like serv
ices to other individuals. If the employee shall refuse reasonable surgical,
medical, and hospital services, medicines, and supplies, tendered to him by his
employer, he^ shall forfeit all right to compensation for any injury or any
increase in his incapacity shown to have resulted from such refusal.
( / ) Should the employee die as a result o f the injury, the period during
which compensation shall be payable to his dependents, under section 307 of
.this article, shall be reduced by the period during which compensation was paid
to him in his lifetime, under this section of this article. No reduction shall be
made for the amount which may have been paid, or contracted to be paid, for
medical and hospital services and medicines nor for the expenses of the last
sickness and burial. Should the employee die from some other cause than the
injury, the liability for compensation shall cease.
iff) Hernia shall be considered as a physical weakness or ailment, which
ordinarily develops gradually, and shall not be compensable unless conclusive
proof is offered that the hernia was immediately precipitated by such sudden
effort or severe strain that: First, the descent of the hernia* immediately fol
lowed the cause; second, there was actual pain in the hernial region; third, the
above manifestations were of such severity that the same were immediately
noticed by the claimant and communicated to the employer, or a representative
of the employer, within 48 hours after the occurrence o f the accident.
[Section 307 (as amended 1919, No. 277; 1923, No. 432), was further amended
by chapter 156, Acts of 1927, to read as follow s:]
Sec. 307. Compensation for death.— In case of death compensation shall be
computed on the following basis and distributed to the following persons:
*
*
*
*
*
*
sjc
1. I f there be no widow nor widower entitled to compensation, compensation
shall be paid to the guardian of the child or children as follow s:
(a) I f there be either one or two children, 33 per cent of wages of deceased,
but not in excess of $7.50 per week.
(b) I f there be three children, 44 per cent of wages of deceased, but not in
excess of $10 per week.
(c) If there be four children, 55 per cent of wages of deceased, but not in
excess of $12.50 per week.
(d) I f there be five children, Q2V> per cent of wages of deceased, but not in
excess of $14 per week.
( e ) I f there be six or more children, 65 per cent of wages of deceased, but not
in excess of $15 per week.
2. To the widow or widower if there be no children, 44 per cent of wages, but
not in excess of $10' per week.
3. To the widow or widower if there be one child, 55 per cent of wTages, but
not in excess of $12.50 per week.
TEXT
OF LAW S---- PENNSYLVANIA
139
4. To the widow or widower if there be two [or more] children, 62% per cent
of wages, but not in excess of $14 per week.
4%. To the widow or widower if there be three or more children, 65 per cent
of wages, but not in excess of $15 per week.
5. I f there be neither widow, widower, nor children entitled to compensation,
then to the father or mother, if dependent to any extent^ upon the employee at
the time of the accident, 25 per cent of wages, but not in excess o f $5 per
w eek: Provided, however, That in the case of a minor child who hast been con
tributing to* his parents, the dependency of said parents shall be presumed:
And provided further, That, if the father or mother was totally dependent upon
the deceased employee at the time of the accident, the compensation payable to
such father or mother shall be 45 per cent of wages, but not in excess of $10
per week.
6. I f there be neither widow, widower, children, nor dependent parent entitled
to compensation, then to the brothers and sisters, if actually dependent to any
extent upon the decedent for support at the time of his death, 15 per cent of
wages for one brother or sister, and 5 per cent additional for each additional
brother or sister, with a maximum of 25 per cent, such compensation to be
paid to their guardian.
7. Whether or not there be dependents as aforesaid, the reasonable expense
of burial, not exceeding $150', which shall be paid by the employer or insurer
directly to the undertaker (without deduction of any amounts theretofore paid
for compensation or for medical expenses).
Compensation shall be payable under this section to or on account of any
child, brother, or sister, only if and while such child, brother, and sister is
under the age o f 16. No compensation shall be payable under this section to a
widow, unless she was living with her deceased husband at the time o f his
death, or was then actually dependent upon him for support. No compensation
shall be payable under this section to a widower, unless he be incapable of selfsupport at the time of his wife’s death and be at such time dependent upon her
for support. The terms “ child ” and “ children ” shall include stepchildren and
adopted children and children to whom he stood in loco parentis, if members
of decedent’s household at the time of his death, and shall include posthumous
children. Should any dependent of a deceased employee die or remarry, or
should the widower become capable of self-support, the right o f such dependent
or widower to compensation under this section shall cease: Provided, however,
That, upon the remarriage of any widow, other than a nonresident alien widow,
the employer shall pay to such widow the then value of the compensation pay
able to her, during one-third of the period during which compensation then
remains payable, but not exceeding 100 weeks, calculated in accordance with
the provisions of section 316 of this article. I f the compensation payable under
this section to any person shall, for any cause, cease, the compensation to the
remaining persons entitled thereunder shall thereafter be the same asi would
have been payable to them had they been the only persons entitled to compen
sation at the time o f the death of the deceased.
The wages upon which death compensation shall be based shall not in any
case be taken to exceed $24 per week, nor be less than $12 per week.
This compensation shall be paid during 300 weeks, and, in the case of
children entitled to compensation under this section, the compensation of each
child shall continue after said period of 300 weeks until such child reaches the
age of 16, at the rate of 17% per cent of wages, but not in excess of $3.75 per
week, if there be one child; 27% per cent of wages, but not in excess of $6.25
per week, if there be two children; 38% per cent of wages, but not in excess
of $8.75 per week, if there be three children; 50 per cent of wages, but not in
excess of $11.25 per week, if there be four children; 55 per cent of 'wages, but
not in excess of $12.50 per week, if there be five children; and 60 per cent of
wages, ’but not in excess of $13.75 per week, if there be six children or more.
The board may, if the best interest of a child or children shall so require, at
any time order and direct the compensation payable to a child or children, or
to a widow or widower on account of any child or children, to be paid to the
guardian of such child or children, or, if there be no guardian, to such other
person as the board, as hereinafter provided, may direct. If there be no
guardian or committee of any minor, dependent, or insane employee, or de
pendent, on whose account compensation isi payable, the amount payable on
account of such minor, dependent, or insane employee, or dependent, may be
46675°— 29------- 10
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PART V. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
paid to any surviving parent, or to such other person as the board may order
and direct, and the board may require any person, other than a guardian or
committee, to whom it has directed compensation for a minor, dependent, or
insane employee, or dependent, to be paid, to render, as and when it shall so
order, accounts of the receipts and disbursements of such person, and to file
with it a satisfactory bond in a sum sufficient to secure the proper application
of the moneys received by such person.
[Section 311 was amended by chapter 156, Acts of 1927, by adding, after the
word “ prejudice,” in the last line, the follow ing: “ and, unless such knowledge
be obtained, or notice given, within 90 days after the occurrence of the injury,
no compensation shall be allowed.”
[Section 317 was amended by chapter 156, Acts o f 1927, by substituting the
word “ board ” for “ bureau ” and “ court.”
[Section 410 (as amended 1919, P. L. 642) was further amended by chapter
156, Acts of 1927, to read as follow s:]
Sec. 410. If, after any accident, the employer and the employee or his de
pendent, concerned in any accident, shall fail to agree upon the facts thereof
and the compensation due under this act, the employee or his dependents may
present a claim for compensation to the board.
Whenever any claim for compensation is presented to the board, other than
claims of nonresident alien dependents, and is finally adjudicated in favor of
the claimant, the amounts of compensation actually due at the time the first
payment is made after such adjudication shall bear interest at the rate o f 6
per cent per annum, and such interest shall be payable to the same persons as
the compensation is payable.
In case any claimant shall die before the final adjudication of his claim, the
amount of compensation due such claimant to the date of death shall be paid to
the dependents entitled to compensation, or, if there be no dependents, then to
the estate of the decedent.
[Section 413 (as amended 1919, P. L. 642) was further amended by chapter
156, Acts of 1927, by providing that, except in cases of eye injuries, agreement
or award for a definite period may be modified only during the time it has to
run, and no agreement or award may be modified unless a petition is filed with
the board within one year after the date of last payment.
[Section 417 (as amended 1919, P. L. 642) was further amended by chapter
156, Acts of 1927, by providing that the hearing on petition shall be not less
than 5 nor more than 14 days after the mailing of notice by the referee.
[Section 426 (as amended 1919, P. L. 642) was further amended by chapter
156, Acts of 1927, by providing that a rehearing shall not be granted more than
one year after the board has made an award, disallowance, or other order or
ruling, or has sustained or reversed any action of the referee.]
Supplemental L aw
[Act No. 164, Acts of 1927, pages 255 and 256, adds minor duties to those of
the department of labor and industry and also authorizes it to divide the
State into administrative districts.
[Sections 4, 12, 23, and 24, Act No. 340, Acts of 1915 (as amended 1915, P. L.
762) was further amended by Act No. 271, Acts of 1927, relating to the State
fund by directing the State treasurer to make payments from the State fund
upon requisition of the secretary of labor and industry, instead of upon vouch
ers of the board, and the State treasurer is relieved of the responsibility of
auditing the accounts he is called upon to pay,]
PHILIPPINE ISLANDS
SEVENTH PHILIPPINE LEGISLATURE, THIRD SESSION, 1927
Act No. 3428.— Compensation of employees for injuries.
Section 1. Employees included.—This act shall be applicable to all industrial
employees hereinafter specified.
Sec. 2. Grounds far compensation.—When any employee receives a personal
injury from any accident due to and in the pursuance of the employment, or
contracts any illness directly caused by such employment or the result of the
nature of such employment, his employer shall pay compensation in the sums
and to the persons hereinafter specified.
Sec. 3. Applicable to Government.—This act shall also be applicable to the
employees and laborers of the insular government and of the governments of
the Provinces, municipalities and all other political subdivisions of the Philip
pine Islands, employed in the industrial concerns of the Government and in
public works.
Sec. 4. Injuries not covered.— Compensation shall not be allowed for injuries
caused (1) by the voluntary intent of the employee to inflict such injury upon
himself or another person; (2) by drunkenness on the part of the laborer who
had the accident; (3) by notorious negligence of the same.
Seo. 5. Remedy exclusive.— The rights and remedies granted by this act to an
employee by reason of a personal injury entitling him to compensation shall
exclude all other rights and remedies accruing to the employee, his personal
representatives, dependents, or nearest of kin against the employer under the
Civil Code and other laws, because of said injury.
Employers contracting laborers in the Philippine Islands for work outside the
same may stipulate with such laborers that the remedies prescribed by this act
shall apply exclusively to injuries received outside the islands through accidents
happening in and during the performance of the duties of the employment; and
all service contracts made in the manner prescribed in this section shall be
presumed to include such agreement.
Sec. 6. Liability of third parties.— In case an employee suffers an injury for
which compensation is due under this act by any other person besides his em
ployer, it shall be optional with such injured employee either to claim com
pensation from his employer, under this act, or sue such other person for
damages, in accordance with law ; and in case compensation is claimed and
allowed in accordance with this act, the employer who paid such compensation
or was found liable to pay the same, shall succeed the injured employee to the
right of recovering from such person what he p aid : Provided. That in case the
employer recovers from such third person damages in excess of those paid or
allowed under this act, such excess shall be delivered to the injured employee
or any other person entitled thereto, after deduction of the expenses of the em
ployer and the costs of the proceedings. The sum paid by the employer for
compensation or the amount of compensation to which the employee or his
dependents are entitled, shall not be admissible as evidence in any damage suit
or action.
Sec. 7. Contract prohibited.— Any contract, regulation, or device of any sort
intended to exempt the employer from all or part of the liability created by this
act shall be null and void.
Seo. 8. Death benefits.— If the injury received by the employee causes his
death within six months from the date of such injury, the employer shall pay
the compensation to the persons entitled thereto, and in case there should be
none, he shall pay to the person representing the deceased employee the burial
expenses, not to exceed 100 pesos, and shall also pay to or for the following
person, in the order of priority and during the periods hereinafter set forth,
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PART Y. TEXT OF LAW S, UNITED STATES, 19 2 7 - 2 8
a weekly compensation equivalent to the following percentages of the average
weekly wages of the employee, as determined in section 19 of this act:
(a) To the dependent widow or widower, in case there are no dependent
children, 45 per cent.
( b ) To the dependent widow or widower in case there are one or two depend
ent children, 50 per cent, and if there are three or more dependent children, 60
per cent.
(c) I f there is no dependent widow or widower, but a dependent child
or children, such child or children shall be paid 30 per cent, with 10 per
cent additional for each child in excess of two, up to a maximum o f 50 per cent,
which shall be distributed in equal shares among the children if there be more
than one.
(d) If there are no dependent widow, widower, or children, but there is a
dependent father or mother, 40 per cent to the father or mother if totally
dependent or 25 per cent if partly dependent, and if both parents are dependent,
each shall be paid one-half of such compensation. If there is no parent, but
dependent grandparents, the same compensation shall be paid as to a father
or mother.
(e) If there are no dependent widow, widower, child, parent, or grandparent,
but there is a dependent grandchild, brother or sister, or two or more such,
then 25 per cent shall be paid for one dependent and 5 per cent addi
tional for each additional dependent, up to a maximum of 40 per cent, which
shall be distributed share and share alike among the dependents if there be
more than one.
When several persons are entitled to compensation and there is disagree
ment concerning the share of the compensation each should receive, the bureau
of labor shall act as referee and designate the share to be allotted to each
dependent; but if the good offices of said bureau do not meet with the ap
proval of all parties concerned, the courts shall be competent to settle the
matter in case an action is brought, and the employer may turn the money over
to the court, subject to disposal by the same. In case the laborer or employee
who had the accident dies and there is no surviving spouse and the dependents
or some of them are minors and have no guardian appointed by a court, the
employer or concern compelled to pay compensation under this act shall deposit
the money represented by such compensation with the local justice of the peace
court if outside the city of Manila, and with the municipal court in said city,
and the officers thereof shall order payment to the minors through the municipal
treasurer and the city treasurer, as the case may be, without necessity of ap
pointing a guardian.
Sec. 9. Dependents.— The following persons, and no others, shall be consid
ered as dependents and entitled to compensation under the provisions of this,
a c t:
A son or daughter, if under 18 years of age or incapable of supporting him or
herself, and unmarried, whether actually dependent on the deceased or n o t;
The widow, only if she was living with the deceased or was actually depend
ent upon him, totally or partly;
The widower, only if incapable of supporting himself and actually dependent,
totally or partly, upon the deceased on the date of the accident;
A parent or grandparent, only if totally or partly dependent upon the de
ceased ;
A grandchild or brother or sister, only if less than 18 years o f age or in
capable o f supporting him or herself, and totally dependent upon the deceased.
The relation of dependency must exist at the time o f the injury.
A foreigner shall not be considered as a dependent within the meaning of this
act if he is not at the time a resident of the Philippine Islands, and any de
pendent foreigner leaving the Islands shall automatically forfeit all right to
any benefit under this act.
Sec. 10. Periods of compensation.— The compensation provided for by this
act shall be payable during the following periods:
To a widow, until her death or remarriage; but in no case for more than 208
weeks;
To a widower, during his incapacity; but in no case for more than 208
w eeks;
To a son or daughter, until he or she. has completed 18 years of a ge; but in
case a son is unable to support himself and is not married, while such incapacity
lasts, but in no case for more than 208 weeks in a ll;
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To a parent or grandparent during the continuance of their actual condition
of dependency; but in no case for more than 208 weeks;
To a grandchild, brother, or sister, during their condition of dependency, as
defined in section 9 hereof; but in no case for more, than 208 weeks;
Upon the expiration of the compensation under this section to any person,
the compensation payable to the remaining persons entitled to compensation be
cause the entire period during which they must be paid compensation has not
expired, shall be that which such persons w7ould receive if they alone had been
entitled to compensation at the time the deceased died.
Sec. 11. Scope of certain ivords.— The words “ son,” “ daughter,” or “ chil
dren,” as used in this act, shall include stepchildren, adopted children, and
illegitimate children acknowledged before the injury was contracted; but they
shall not include married persons, unless the same be dependents, for any reason
provided for in law7. The w7ord “ brother ” or “ sister ” includes stepbrothers
or stepsisters, half brothers or half sisters, and brothers or sisters by adoption;
but it does not include married brothers or married sisters, unless the same are
dependents for any reason provided for in law. The words “ grandson,” “ grand
daughter,” or “ grandchild ” include children of adopted children and children
of stepchildren; but they do not include stepchildren of children, nor step
children of stepchildren, nor stepchildren of adopted children, nor married
grandchildren, unless the same be dependents in accordance with the law. The
word 44parents ” includes stepfathers and stepmothers and parents by adoption.
The w7ords “ grandfather,” “ grandmother ” or “ grandparents ” include the
parents of parents by adoption; but they do not include parents of step-parents,
step-parents of parents, nor step-parents of step-parents.
Seo. 12. Sundry provisions regarding death benefits.— In computing death
benefits, the average weekly wages of the deceased employee shall not be reck
oned at more than 30 pesos nor less than 4 pesos; but the total weekly compen
sation shall not in any case exceed the average weekly wages computed in ac
cordance with section 19 of this act, nor shall the compensation paid in any
case exceed in its aggregate the sum of 3,000 pesos.
The bona fide payment of a death compensation by an employer to a depend
ent entitled thereto in the second place after another dependent or dependents
shall protect and exonerate the employer, unless and until the dependent or
dependents having priority right shall notify him of his or their claim. In case
an employer is doubtful regarding the rights of rival claimants, he may apply to
the bureau of labor which, acting as referee., shall determine the persons who
under this act are entitled to compensation. I f the decision of the bureau of
labor in this case is not satisfactory to any o f the claimants, it shall be in
cumbent upon the competent court to decide the matter, on the petition of an
interested party.
In the event of death occurring after a period of total or partial disability, the
period of disability shall be deducted from the respective total periods estab
lished in section 10 of this act.
The compensation of a demented person shall be paid to the guardian of
such person.
Sec. 13. Medical attendance.— Immediately after an employee has suffered
an injury and during the subsequent period of disability, the employer shall
provide the employee with such medical, surgical, and hospital services and
supplies as the nature of the injury may require.
The pecuniary liability of the employer for the necessary medical, surgical,
and hospital services and supplies shall be limited to the amount ordinarily
paid in the community for such treatment of an injured person of the same
standard of living if the treatment had to be paid for by the injured person
himself.
In case the employer can not furnish medical, surgical, and hospital services
and supplies promptly, the injured employee may acquire the same at the
expense of the employer.
If, in case of litigation, it is shown before a competent court that the injured
employee voluntarily refused to accept the services of a competent physician or
surgeon or voluntarily rejected the medical, surgical, and hospital services and
supplies provided by the employer, or voluntarily obstructed the physician or
surgeon or the medical, surgical, or hospital services, such refusal on the
part of the employee shall be construed as a waiver o f all or part of his rights
to the medical, surgical, and hospital services paid for by the employer, and
in this case the employer shall be liable only for the injury or for the disa
bility of any nature that would have ensued if the injured man had accepted
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PART Y. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
the medical, surgical, and hospital services and supplies tendered by the em
ployer : Provided, however, That the refusal as well as the kind of disability
that would have been the result of the injury if fhe injured person had accepted
such services, shall be set forth in an affidavit made within 24 hours after the
accident by the physician called to attend to the injured person.
Sec. 14. Total disability.— In case the injury causes total disability for labor,
the employer, during such disability, but exclusive of the first seven days,
shall pay to the injured employee a weekly compensation equivalent to 60 per
cent of his average weekly wages; but not more than 18 pesos nor less than
4 pesos per week, except in the case provided for in the next following para
graph. Such weekly payments shall in no case continue after the disability
has ceased, nor shall they extend over more than 208 weeks, nor shall the
aggregate sum paid as compensation exceed in any case 3,000 pesos. But no
award of permanent disability shall take effect until after two weeks have
elapsed from the date of the injury.
In the case of an employee whose average weekly wages are less than 4
pesos per week, the weekly compensation shall be the entire amount o f such
average weekly w ages; but if the disability is permanent, the compensation shall
be 4 pesos in such cases. In the event that the total disability begins after
a period of partial disability, the latter shall be deducted from said total
period of 208 weeks.
Sec. 15. Total and permanent disability.—The disability shall be considered
total and permanent if it is the result of the following injuries:
{a) The total and permanent loss of the sight of both eyes;
( b) The loss of both feet at or above the ankle;
(c) The loss of both hands at or above the wrist;
($ ) The loss of one hand and one fo o t;
(e) An injury to the spine resulting' in complete and permanent paralysis
o f both legs or both arms or one leg and one arm ;
(f) An injury to the brain resulting in incurable imbecility or insanity.
The enumeration above made shall not be considered as exclusive.
Sec. 16. Partial disability.— In case the injury causes partial disability for
labor, the employer, during such disability and except as hereinafter provided,
shall pay to the injured employee for a period o f 208 weeks beginning with the
first day of disability, a weekly compensation equal to 50 per cent o f the dif
ference between his average weekly wages before the accident and the weekly
wages which he could probably earn thereafter; but not more than 10 pesos per
week. The weekly payments shall not in any case continue after the disability
has ceased, and in case partial disability sets in after a period of total disability,
such period of total disability shall be deducted from the total period of 208
weeks and the amount of the compensation paid shall not in any ease be in
excess o f the total sum of 3,000 pesos. No award for disability shall be made
before a lapse of two weeks counted from the date of the injury.
Sec. 17. Permanent partial disability.— In the case of disability which is
partial in its nature but permanent in its duration, the compensation shall be
50 per cent of the average weekly wages, and shall be paid to the employee for
the periods designated in the following schedule:
For the loss of the thumb, 40 weeks.
For the loss of the first finger, commonly called the index finger, 30 weeks.
For the loss of the second finger, 25 weeksi
For the loss of the third finger, 20 weeks.
For the loss of the fourth finger, commonly called the little finger, 10 weeks.
The loss of the first joint of the thumb or any other finger shall be considered
as equal to the loss o f one-half o f the thumb or finger, and the compensation
shall be one-half o f the compensation above specified for the loss of the thumb
or finger.
The loss of more than one joint of the thumb or of a finger shall be considered
as loss of the entire thumb or finger: Provided, however, That the sum paid
for the loss of more than one finger shall in no case exceed the sum provided for
in this list for the loss of a hand.
For the loss of a big toe, 25 weeks.
For the loss of a toe other than the big toe, 10 weeks.
The loss of the first joint of any toe shall be considered as equal to the loss
of half the toe, and the compensation shall be one-half of the sum specified
for the loss of the toe. The loss of mare than one joint of any toe shall be
considered as equal to the loss of the entire toe.
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For the loss o f a hand, 160 weeks.
For the loss of an arm. 208 weeks.
For the loss of a foot, 130 weeks.
For the loss of a leg, 190 weeks.
For the loss of an eye, 84 weeks.
For the complete and permanent loss of the sense of hearing on both ears,
208 weeks. For the complete and permanent loss of the sense of hearing on
one ear, 40 weeks. For the loss of both ears, 84 weeks. For the loss of one
ear, 40 weeks.
The permanent loss of the use of one hand, an arm, a foot, a leg, an eye, a
thumb, a finger, a toe, or a joint shall be considered as equivalent to and be
compensated at the same rate as the loss of a hand, arm, foot, leg, eye, thumb,
finger, toe, or joint.
In cases of permanent partial disability due to the injury of any of the
members specified in this schedule, less than the total loss of the member or
less than the total loss of its use, and in case the disability is not otherwise
compensated in this schedule, the compensation shall be paid in the proportion
prescribed in this schedule for the total loss of the member or the total loss
of the use thereof, and for the period of time hereinafter specified. The pro
portion which the permanent partial disability bears to the total disability of
the same member, as specified in the schedule, shall be determined, and the
compensation above prescribed shall be paid for a portion of the period above
established for the total loss o f the member or for the total loss of the use
thereof, in accordance with the proportion which the disability bears to the
total disability of the member.
Sec. 18. Amputation.— Amputation between elbow and wrist shall be con
sidered as equivalent to the loss of a hand. Amputation between knee and
ankle shall be considered as loss of a foot. Amputation at or above the elbow
shall be considered as equivalent to the loss of an arm. Amputation at or above
the knee shall be considered as equivalent to the loss o f a leg.
Compensation for the injuries above specified shall exclude all other com
pensation except the benefits provided for in sections 13, 14, and 15.
In case of an injury producing a serious disfigurement of the face or head,
the proper court may, at the request of an interested party, determine and
award such compensation as may seem fair and proper in view of the nature
of the disfigurement, but which shall not exceed 3,000 pesos.
In all other cases of this kind of disability, the compensation shall be 50
per cent of the difference between the average weekly wages of the injured
person and his subsequent earning capacity in the same or some other employ
ment, payable while the partial disability lasts; but subject to reconsideration
of the degree or impairment by a competent court, at the request of an
interested party: Provided, however, That the weekly payments shall in no
case be continued for a period longer than 208 weeks.
The total compensation prescribed in this and the next preceding section
and the total compensation prescribed in sections 14 and 15 of this act shall,
together, not exceed the sum of 3,000 pesos.
Sec. 19. Computation of wages.— The average weekly wages shall be com
puted in such manner that it shall be the best computation that can be made
of the weekly earnings of the laborer during the 12 weeks next preceding his
injury: Provided, That if, on account of the shortness of the time during
which the laborer was so employed or of the cessation of the employment,
it is impracticable to compute the remuneration, consideration may be had o f
the average weekly wages earned during the last 12 months preceding the
injury by a person employed in the same grade and same work by the
employer of the injured laborer, or if there is no person so employed, of the
average weekly wages earned by a person employed in the same grade, in
the same kind of employment, and in the same district or locality.
Sec. 20. Volu/ntary payments.— Payments made by the employer or his
insurer to the injured laborer during the period of his disability or to his
dependents, which under the provisions hereof were not due or payable when
they were made, shall, upon being duly established, by agreement between
the parties concerned, a certified copy of which shall be sent to the bureau
of labor, or subject to the decision of the court in case of litigation, be deducted
from the sum to be paid as compensation: Provided, That in case o f dis
ability, the deduction shall be made by reducing the period of time during which
the compensation is to be paid, and not by reducing the weekly payment to
be made in accordance with sections 14, 15, 16, and IT of this act.
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PART Y. TEXT OP LAW S, UNITED STATES, 1 9 2 7 - 2 8
Sec. 21. Periodical payments.— Upon agreement by the parties concerned,
or through the good offices of the bureau of labor, or by decision of the courts
in case of litigation, the compensation may be paid monthly or semimonthly
instead of weekly, as may be most convenient to the employer and the laborer.
Sec. 22. Payments in a lump sum.—Whenever the parties consider it most
advantageous and convenient, the liability of the employer as regards the
compensation may be discharged totally or in part by payment in a lump sum
or sums: Provided, however, That any agreement or contract made for this
purpose between the parties shall not be valid unless it be in the form o f a
public document acknowledged before the justice of the peace of the locality
and attested by two witnesses, one of whom shall be the municipal treasurer
or the person acting in his stead if the accident occurred outside the city of
M anila; and if in the city of Manila, before a duly authorized notary public,
attested likewise by two witnesses, one of whom shall be the director of the
bureau of labor or his representative. Before the acknowledgment o f the
instrument, the justice of the peace or notary public, as the case may be, shall
iully inform the injured laborer or dependent persons or persons executing
the instrument in his stead, of ail their rights and privileges under this act,
reading and translating to them into the vernacular dialect they know, in case
they do not understand English or Spanish, the provisions of this act estab
lishing the amounts and periods of compensation and other privileges to which
they are entitled by reason of the accident, and shall certify in the acknowl
edgment clause that all these requisites have been complied with. The ex
pense of the acknowledgment of the contract shall be borne by the employer'
The justice of the peace or notary public, as the case may be, shall forward
a certified copy of the contract to the bureau of labor in Manila for file.
Any failure on the part of the employer to comply with his obligation to
pay any of the sums due to the injured laborer or his dependents in accordance
with this act, shall entitle the beneficiary to claim the entire balance of the
compensation at one time.
Sec. 23. Medical examination.—After receiving an injury and during the
period of his disability, the laborer shall at reasonable times and places sub
mit to examination by a duly qualified physician or surgeon designated and
paid by the employer. The laborer shall be entitled to have a physician or
surgeon designated and paid by himself at such examination; but this right
shall not be construed as denying to the physician or surgeon of the employer
the right to visit the injured laborer at any reasonable time and under any
reasonable conditions during his total disability. In case a laborer refuses
to submit to, or does in any manner obstruct the examination mentioned, his
right to proceed under this act shall be suspended until such refusal or ob
struction shall cease, and no compensation shall be payable for the entire
time of such obstruction.
Sec. 24. Notice of the injury and claim for compensation.—No compensa
tion proceeding under this act shall prosper unless the employer has been
given notice of the injury as soon as possible after the same was received,
and unless a claim for compensation was made not later than two months
after the date of the injury, or, in case of death, not later than three months
after death, regardless of whether or not compensation was claimed by the
employee himself. Such notice may be given and such claim made by any
person considering himself entitled to the compensation or by any other person
in his behalf. In case medical, surgical, and hospital services and supplies
have been furnished voluntarily by the employer, notice of the injury within
the time limit above mentioned shall not be necessary, and if the employer
has voluntarily made the compensation payments, the claim for compensation to
be made within the time limits above established shall no longer be necessary.
Sec. 25. Form of notice and claim.— The notice and claim shall be in writing
and the notice shall contain the name and address of the employee and shall
establish in plain and clear language the time, place, nature, and cause of the
injury and shall be signed by the employee, or any other person in his behalf,
or in case of his death, by a person or persons dependent upon him, or by
any other person in their behalf. The notice may include the claim.
Sec. 26. Delivery of notice and claim.—The notice provided for in this act
shall be served on the employer, or in case the employer is a company, on
any of the partners. If the employer is a corporation, the notice may be
served on any agent of the corporation on whom it can be served or on
any officer of the corporation or any agent in charge of its business at the
place where the injury was received. The notice shall be served by personal
TEXT OF LAW S---- PHILIPPINE ISLANDS
147
delivery or by sending it by registered letter addressed to the employer at his
last known residence or at his place of business. The foregoing provisions shall
be applicable to the procedure in connection with the claim.
Sec. 27. Sufficient notice.— Any notice given in accordance with the pro
visions of section 25 of this act shall not be considered as invalid or insufficient
by reason of any incorrectness in the statement of time, place, nature, or cause
of the injury or of anything else, unless it be shown that the employer has
been actually misinformed respecting the injury. Failure to or delay in
giving notice shall not be a bar to the proceeding herein provided for, if it is
shown that the employer, his agent, or representative had knowledge o f the
accident or that the employer did not suffer by such delay or failure.
Seo. 28. Limitation as regards minors and insane persons.— None of the time
limits provided for in this act shall apply to a person mentally incapacitated or
to a dependent minor so long as he has no guardian or next friend.
Sec. 29. Agreement on compensation.— In case the employer and the injured
laborer or the dependent or dependents entitled to compensation arrive at an
agreement concerning the compensation provided for by this act, such agree
ment, in order to be valid, shall be in the form of a public instrument acknowl
edged before the justice of the peace of the locality and attested by two
witnesses, one of whom shall be the municipal treasurer or the person acting in
his stead if the accident occurred outside the city of M anila; and in the city of
Manila before a duly authorized notary public, attested likewise by two witnesses
one of whom shall be the director of the bureau of labor or his representative.
Before receiving the acknowledgment of the instrument, the justice of the peace
or notary public, as the case may be, shall fully inform the injured laborer or
dependent or dependents executing the instrument in his stead, of all their
rights and privileges under this act, reading and translating to them into the
vernacular dialect they know, in case they do not understand English or Spanish
the provisions of this act establishing the amounts and periods of compensation
and other privileges to which they are entitled by reason of the accident, and
shall certify in the acknowledgment clause that all these requisites have been
complied with. The expense of the acknowledgment of the contract shall be
borne by the employer. The justice of the peace or notary public, as the case
may be, shall forward a certified copy of the contract to the bureau of labor in
Manila, for file: Provided, however, That the employer shall be exempt from all
liability under this act as soon as the compensation has been paid in accordance
with this section, saving the provisions of section 6 of this act.
Sec. 30. Insurance of payment of compensation.— Employers may guarantee
the payment of compensation under this act to their employees and laborers
by insuring the same in an insurance company. However, the premiums; on the
policy shall be paid in their entirety by the employer and any contract providing
for deductions from the wages of the employee or laborer shall be null and void.
Seo. 31. Intervention of the bureau of labor.— At the request of an interested
party, the bureau of labor shall act as referee in all claims and disagreement
arising under this act. In case its efforts in this respect fail, it shall take
the necessary steps to have the claim submitted to the proper courts, and it may
require the provincial fiscals to represent in such proceedings the injured
laborer or employee or person or persons entitled to compensation in their
respective provinces, except where the claim is against the government or any
political subdivision of the same, in which case the court, at the request o f the
laborer or employee, shall designate an attorney to act as his counsel free of
charge. But nothing contained in this section shall be construed to prevent
the injured laborer or person or persons entitled to compensation to take the
case directly into court, without previous intervention by the bureau of labor.
Sec. 32. Priority of action for compensation.— All actions for compensation
brought in justice of the peace courts and courts of first instance under this
act shall have priority in the dockets of said courts over all other cases, except
habeas corpus proceedings, election contests, and criminal cases in which
the accused.are not at liberty on bail. The defendant in court in compensation
proceedings brought under the provisions of this act shall reply to the com
plaint within the time established by law and the rules of the courts of justice,
after being summoned.
Seo. 33. Injuries received, outside the islands.—When a laborer contracted in
the Philippine Islands receives a personal injury through an accident occurring
in and during his employment, he shall be entitled to compensation under the
law of the islands, though the injury was received outside the same.
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PAET V. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
When a laborer contracted outside the Philippine Islands is injured while
engaged in the business of his employer and is entitled to compensation for
such injury under the law of the territory or country where he was contracted,
he may recover from his employer in these islands if his rights are such that
they can be reasonably determined and granted by the courts.
Seo. 34. Priority of compensation.—All rights to compensation provided for
by this act shall have the same priority over other credits! against the employer
that the law gives to due and unpaid wages.
Sec. 35. Assignment of rights.— No claim for compensation under this act is
transferable, and all compensations or rights to compensation, shall be exempt
from creditor’s claims.
Sec. 30. Cooperation of fiscals.— In connection with his duties, the director' of
labor may, if necessary, require the cooperation of the provincial fiscal of any
Province in order to secure proper compliance with this act or any part thereof.
Seo. 37. Notice of accidents by employers.—Each employer shall hereafter
keep a record of all injuries, whether fatal or not, received by his employees in
the course of their employment, when the same come to his knowledge or atten
tion. As soon as possible after the occurrence of an injury resulting in absence
from work for a day or more, the employer shall give written notice thereof to
the bureau of labor on blank forms especially prepared by said bureau, for
which the employer shall make requisition in due time, or in cases of necessity
or emergency, on any other paper, containing the information hereinafter
prescribed.
The notices shall set forth the style and nature o f the business o f the employer,
the location of the establishment, the name, age, sex, wages, and occupation of
the injured employee, the date and hour of the accident resulting in the injury,
the nature and cause of the injury, and such other information as may be
required by the bureau of labor.
Any employer refusing or neglecting to give the notice required by this section
shall be punished by a fine of not more than 25 pesos for each offense.
Not later than 60 days after the termination of the disability of the injured
employee, the employer or other person liable for the payment of the compen
sation provided for in this act shall file with the bureau of labor a statement
o f the total payments made or to be made for compensation and for medical
services to the injured person.
Sec. 38. Interisland trade.— This act shall cover the liability o f the employers
toward employees engaged in the interisland trade, and also in the foreign trade
when such is permissible under the laws of the United States and the Philippine
Islands.
Seo. 39. Definitions.— In this act, unless the context indicates otherwise, the
definition of various words used therein shall be as follow s:
(a) ‘‘ Employer” comprises every association of persons, incorporated or
not, public or private, and the legal representative of the deceased employer.
It comprises the owner or lessee of a factory or establishment or any other
person who is virtually the owner or manager of the business carried on in the
establishment but who, for the reason- that there is; an independent contractor
in the same, or for any other reason, is not the direct employer1o f the laborers
employed there.
( b ) “ Laborer ” is used as a synonym of “ employee ” and means every person
who has entered the employment of or works under a service or apprenticeship
contract for an employer. It does not include a person whose1 employment is
purely casual or is not for the purposes o f the occupation or business of the
employer, or whose remuneration paid by any employer, exclusive of overtime
pay, is in excess of 42 pesos a week. Any reference to a laborer injured shall,
in case he dies, include a reference to the persons dependent on him, as defined
in this act, if the context so requires, or, if the employee is a minor or inca
pacitated, to his guardian or nearest o f kin.
(c) “ In ju re” or “ personal injuries” includes death produced by the injury
within six months.
(d) “ Industrial employment” in case of private employers includes all em
ployment or work at a trade, occupation, or profession exercised by an employer
for the purpose o f gain, the gross income of which in the year immediately
preceding the one during which the accident occurred was not less than 40,000
pesos, except agriculture, charitable institutions, and domestic service.
(e) “ Public employment” signifies employment in the service of the Insular
Government or the government of any Province, municipality, or other political
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subdivision of the islands. It does not include employment as public officer
elected by the popular vote nor persons paid more than 800 pesos per annum.
if) “ Partial disability,” diminished capacity for securing employment due
to disfigurement produced by an injury can be considered as partial disability.
(g)
“ W ages” includes the commercial value of the board and lodging, sub
sistence, fuel, and other things that can be reckoned in money which the
employee receives from the employer as part of his compensation.
“ W ages” does not include sums paid by the employer to the employee to
cover special expenses due him on account of the nature of his employment.
{h) A word in the singular shall also apply to the plural, and vice versa,
and one in the masculine gender shall also apply to the feminine.
Seo. 40. Penalty for misrepresentation.—Any person who, with intent of
obtaining any benefit or payment under the provisions of this act, voluntarily
makes for himself or for the benefit of another any false statement or repre
sentation, shall be guilty of a misdemeanor, and shall be punished by a fine
of not more than 200 pesos and by imprisonment in case of insolvency.
Seo. 41. Title of this act.— This act shall be known as “ workmen’s compensa
tion act.”
Sec. 42. Law applicable to small industries.—All claims for accidents occur
ring in a trade, occupation, or profession exercised by an employer for the
purpose of gain, the gross income of which during the year next preceding the
one in which the accident occurred was less than 40,000 pesos, shall be gov
erned by the provisions of act No. 1874 and its amendments.
Seo. 43. Repealing clause.— All acts or parts of acts inconsistent with the
provisions o f this act are hereby repealed.
Sec. 44. This act shall take effect six months after its approval.
PORTO RICO
ACTS OF 1928
A ct
No. 85.— Compensation of laborers, etc., for injuries
Section 1. Title.— This act shall be known as the workmen's accident com
pensation act.
Sec. 2. Scope.— The provisions of this act shall be applicable to all laborers
and employees, except such as are engaged in domestic service, who suffer injury,
are disabled, or lose their lives by reason of accidents caused by any act or
function inherent in their work or employment, when such accidents happen in
the course of said work or employment, and as a consequence thereof, or who
suffer disease or death caused by the occupations specified in the following
section.
This act shall be applicable to all employers who employ one or more laborers
or employees, whatever their wages may be. The insular government and the
several municipal governments shall be considered as employers, and as such
shall come under the provisions of this act as regards workmen and employees,
except clerks, rendering services in any department or dependency of said
Government, as wTell as on public works carried on by administration. Munici
pal firemen shall be included in the phrase municipal employees. If they draw
no salary it shall be computed, at the rate of $6 a wTeek for the purposes of this
act. In every contract for a public improvement the amount of insurance of
laborers to be employed on the work shall be included, and such amount shall
be withheld from the contractor to pay the insurer. In the case o f contractors
of private jobs who fail to insure according to the provisions of this act, the
following procedure shall be observed:
1. When the plan for the wrork is submitted to the department of health it
shall not be approved until the contractor files with the commissioner of health
a certificate from the superintendent of insurance showing the said contractor
has duly insured pursuant to the provisions of this act.
2. When the work is being performed without the corresponding insurance,
the industrial commission shall have power to stop it, for which purpose it
may utilize the services of any marshal of a court of justice in Porto Rico, or
the services of the insular police, and said marshals, or policemen shall carry
out the orders of the commi ssion without excuse of any kind. Such stoppage
of work shall continue until the contractor has insured as provided herein.
Should the contractor continue the work in spite of such prohibition and order
from the commission, complaint shall be immediately filed against him by said
marshals or policemen, or by any employee of the department o f labor, upon
whom such duty is hereby imposed. Said complaint shall be filed in the cor
responding municipal court for contempt of an order of the commission, and
upon conviction the guilty party shall be sentenced to pay a fine of not less
than $100, or to confinement in jail for a term of not less than 15 days, or to
both penalties together.
The different departments of the Government shall include in their annual
budgets the total amount of premiums required to insure their employees:
Promded, That the insular government and the several municipal governments
shall insure in the State insurance fund.
Sec. 3. Benefits.—That any laborer who may be injured or taken sick within
the provisions of this act, shall be entitled to—
A. In case o f accident:
1. Medical attendance and such medicines and sustenance as may be pre
scribed, including hospital service when necessary.
2. If the injury is of a temporary nature, to compensation equal to one-half
of the wages received by him the day of the accident. Said compensation shall
be paid weekly during such time as said laborer is disabled for work. The
period of such payment shall in no case exceed 104 w eeks: Provided, That in
150
151
TEXT OF LAW S---- PORTO RICO
no case shall such payments exceed $15 a week nor be less than $3 a week:
Provided, further, That said compensation shall not be allowed for the first
seven days following the date of the accident.
3.
Permanent partial disability shall be considered to be the loss o f one
foot or leg, one hand, one arm. one or more fingers or toes, and any ankylosis,
fracture, or dislocation where ligaments have been torn, and where restora
tion is not complete. For permanent partial disability, as specified below, the
injured laborer shall receive additional compensation according to the follow
ing schedules. Such compensation shall be graded as in cases of total disa
bility.
From—
For the loss of 1 leg so close to the hip that an artificial leg can not be used______ __ __
Loss of 1 leg at or above the knee, permitting the use of an artificial leg___ . . .
_____
Loss of 1 leg below the knee.
_ _ ________
_
___
_____ .
Loss of an arm at or above the e!bow_
_
__
___ _______
_
_ _ ___ _
Loss of the right hand at the wrist __
_ _
_______ _ _
_
. ___ __ __
Loss of the left hand at the wrist_
_______ _____ ____
__ ____ __ _______
______
_ ____ __
.. __
_ _ ____
Loss of 1 eye b y enucleation____
__ _ _ .. _ _ _____ ____
Loss of sight in 1 eye________ __ ________ _, __ __ ___
Total loss of hearing in both ears.
____ __ _ _ _ _____
____ ____ __ __
Total loss of hearing in 1 ear. __
_____ __ ________ _______ _____ _ _ _____ _ _ _
Loss of 1 foot at the a nkle... _ ______________ .
___ _
____ ______ _________
Loss of the big toe of 1 foot at the joint of the metatarsus and phalanx ___
_
__ _
Loss of the big toe between the second and third phalanges____
_
_. ____ __
Loss of the big toe at the second joint. _
____
_ _______
__ ___
Total loss of any other toe. __________________ ______ _ ________
_ ______
.__ . .
Loss of the forearm at either the upper or lower end (left arm)__ _ ________ _
Loss of
_____
a thumb
____________
with the metacarpal
________ b ___
o n e_._
._
Loss of the first phalanx of the thum b.
___ ________________ _ . . . __ _ _ _______
Loss of the first and second phalanges of the thum b__ ______ ________________
___
Total loss of the index finger_____________
___ ________ ..... _____
___________
Loss of the index finger at the second phalanx
___
Loss of the index finger at the third phalanx.._
_ _._ .
____ _ __________ _____
Loss of the middle finger at the second phalanx.. ...
_ __ _
_
_______ ____
Loss of the middle finger at the third phalanx. .. ______
...
______ _ _ _______
Total loss of the middle finger___ _____________________
_
_ . _ __ __ .... _____
Loss of the ring finger.__ _______ __ ___ _________ ____ _ .. _ . ________ _______
Loss of the ring finger at the second phalanx______________ __
_ _________ __ ______
Loss of the ring finger at the third phalanx__________ ___ .
_ _______ _. _ __ __
Total loss of the little finger.
__
_ _______ _______
____
_ ________
Loss of the little finger at the second phalanx.. _ _____ _________ .__ __ ___________
Loss of the little finger at the third phalanx__ _ _ _ _
_ _ _ _ _ __ __ __ _____
Ankylosed ankle.
_______ _____________________ _
_ _______
Ankylosed knee.
___________________ _________
_
_____ _ _ _
_ _ _
$1,000
900
560
940
760
550
520
340
940
100
530
70
53
35
46
650
150
56
56
100
75
75
70
35
75
75
70
35
53
35
18
150
250
T o—
$2,000
1,800
1,160
1,880
1, 520
1,100
1,040
680
1,880
200
1,600
140
105
70
91
1,300
300
112
112
200
150
150
140
70
150
150
140
70
105
70
35
300
500
Compensation for any other permanent partial disability not herein specified
shall be graded according as such disability as most resembles the correspond
ing disability established in the foregoing table: Provided, That such compen
sation shall never exceed $2,000.
4. If the laborer is totally disabled for work, he shall receive a compen
sation of $1,000 as a minimum and $3,000 as a maximum. The compensation
shall be graded in proportion to the rate of wages that the laborer earned,
consideration being given to the earning capacity of the injured laborer and
to his probabilities of life, and to the importance of the injury suffered.
The total and permanent loss of sight of both eyes; the loss of both feet at
or above the ankle; the loss of both hands at or above the w rist; the loss of
one hand and one foot, and such injuries as may result in the permanent dis
ability of the laborer for any work in a remunerative occupation shall be con
sidered total disability.
5. If as a result of injuries suffered under the conditions specified in sec
tion 2, the death of the laborer occurs within one year from the time of the
accident and as a consequence of such accident, the parents, widower, or widow,
and legitimate children and legitimate grandchildren, and the illegitimate chil
dren, whether natural or not, of the deceased laborer, who at the time of his
death were reasonably dependent on his earnings for their support, shall re
ceive a compensation of from $1,000 to $3,000, which shall be graded according
to the earning capacity of the deceased laborer and to his probabilities of
life, and shall be equitably distributed among all the aforesaid relatives
according to the condition, needs, and degree of relationship and dependence
of each.
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PART V, TEXT OF LA W S, UNITED STATES, 1 9 2 7 - 2 8
In default of the aforesaid persons the foster father or foster mother, or the
relative of the closest degree of relationship reasonably depending on the
earnings of the deceased, shall receive a compensation of $1,000 to $2,000 as a
maximum. Should the near relatives entitled to compensation be several, such
compensation shall be distributed among them in equal parts.
6.
In cases coming under paragraphs 3, 4, and 5 the money compensation
corresponding to the laborer or to his heirs in accordance with this act
may be granted in monthly part payments. I f the commission grants com
pensation in one sole payment it shall use its good offices, by means of reason
able suggestions, to have the sum so granted invested in a manner beneficial to
the welfare of the laborer or of his beneficiaries. I f the laborer or his benefieiaries are minors or incapacitated persons, said commission shall direct
that the sum allowed be paid in the form of a pefision for a determined period,
or that the amount of such compensation be deposited with the district court
of the district where the workman or his beneficiary resides, for custody and
investment of said funds in accordance with the provisions of law regulating
the application of amounts derived from the sale of the property of minors.
The district attorney shall represent said minors or incapacitated persons.
Summary proceedings shall be followed in the case.
(&) In case of occupational disease, the laborer shall be entitled to—
1. Medical attendance and such medicines and sustenance as may be pre
scribed, including hospital service when necessary.
2. If the disease is of temporary character, to compensation equal to one-half
the wages received by him when taken sick for such time as he may be under
medical treatment, but such payments shall not extend over a period greater
than 102 weeks. In no case shall there be paid more than $15 or less than $3
a week: Provided, That no compensation shall be allowed for the first seven
days following the date of the accident.
3. If, by reason of the disease contracted, the laborer should be partially and
permanently disabled for work, he shall receive such additional compensation
as the commission may determine according to the seriousness o f the disability
of the person injured, and as far as possible, according to the accident schedule
provided in this act.
4. If, by reason of the disease contracted, the laborer should be totally dis
abled for work, he shall be entitled to a compensation of not less than $1,000
nor more than $3,000.
All the provisions of paragraphs 3, 4, and 5, of subhead A of this section shall
be applicable to subhead B.
The diseases enumerated in the following table shall be considered as oc
cupational diseases when contracted by laborers or employees in the course o f
the occupations therein stated, within the 12 months prior to the date of the
disability caused by such diseases due to the nature of any o f the processes
described in said table:
Name of disease
Description of process
1. Anthrax__________________________ Handling of wool, hair, bristles, hides,
and skins.
2. Glanders_________________________
3. Lead poisoning___________________
•4.
5.
6.
7.
Care of any equine animal suffering from
glanders; handling carcass of such
animal.
Any industrial process involving the use
of lead or its preparations or com
pounds.
Mercury poisoning_______________ Any industrial process involving the use
of mercury or its preparations or com
pounds.
Phosphorus poisoning____________ Any industrial process involving the use
of phosphorus or its preparations or
compounds.
Arsenic poisoning_________________ Any industrial process involving the use
of arsenic or its preparations or com
pounds.
Poisoning by benzol or by nitro and Any industrial process involving the use
amido derivatives of benzol (diof benzol or a nitro or a nitro or amido
derivative of benzol or its preparations
nitrobenzol, anilin, and others).
or compounds.
TEXT OF LAW S---- PORTO RICO
N ame of disease
153
D escription of process
8. Poisoning by gasoline, benzine* Any industrial process involving the use
naphtha, or other volatile petroof gasoline, benzine, naphtha, or other
leum product.
volatile petroleum products.
9. Poisooing by carbon bisulphide___ Any industrial process involving the use
of carbon bisulphide or its prepara
tions or compounds.
10. Poisoning by wood alcohol________ Any industrial process involving the use
of wood alcohol or its preparations.
11. Infection or inflammation of the Any industrial process involving the
skin on contact with compound
handling or use of compound cutting
cutting oils or lubricants, dust,
oils or lubricants, or involving contact
liquids, fumes, gases, or vapors.
with liquids, fumes, gases, or vapors.
12. Ulceration of the skin or of the Handling or industrial use of carbon,
corneal surface of the eye due to
pitch, or tarry compounds,
carbon, pitch, tar, or tarry com
pounds.
13. Compr.essed-air illness____________ Any industrial process carried on in
compressed air.
14. Carbon-dioxide poisoning_________ Any process involving the -evolution, or
resulting in the escape, of carbon
dioxide.
15. Brass or zinc poisoning_______ ^___ Any process involving the manufacture,
founding, or refining of brass or the
melting or smelting of zinc.
Sec. 4. Injuries not covered.—Accidents happening under the following cir
cumstances are not labor accidents and, therefore, shall not entitle a laborer or
his heirs to compensation under this a c t:
1. When the laborer attempts to commit a crime or to injure his employer or
any other person, or when he voluntarily causes himself injury.
2. When the laborer is intoxicated, provided such intoxication is the cause
of the accident.
3. When the injury is caused the laborer by the criminal act of a third person,
4. When the recklessness of the laborer is the sole cause of the injury.
Sec. 5. Medical examinations.— During the period of disability the injured
workman shall submit to treatment and examination at reasonable times and
places by a competent physician-surgeon designated by the employer, the insurer,
or the industrial commission: Provided, That if, in the opinion of the industrial
commission, the employer or his insurer fail to provide adequate attendance
for the laborer, the commission shall provide it for account of the employer
and his insurer: Provided further, That when an injured workman is a resident
of the municipality in whose hospital he is lodged and cared for, and is included
in the State insurance, said municipality shall charge the commission for at
tendance on, and the stay of, the injured workman in the hospital, but one-half
of the minimum rate fixed by said municipality for other patients.
The industrial commission created under this act is- hereby authorized to
enter into contracts through the commissioner of health with insular, municipal,
or private physicians and with hospitals, minor surgeons (practicantes), and
nurses whenever it deems such contracts advisable in connection with attend
ance on laborers entitled to compensation from the State insurance fund and
those comprised in the first of the preceding provisos.
The injured workman shall be entitled to designate and pay a physician
or a surgeon to witness his examination and to treat h im ; but this right
is established without prejudice to the right of the physician designated by
employer-insurer to visit the injured workman at all reasonable times and under
reasonable circumstances during the disability.
The refusal or objection of a workman, without just cause, to submit
himse,lf to such medical examination or professional treatment shall deprive
him of his right to receive compensation under this act or to institute or
prosecute proceedings under this act for the recovery of such compensation.
In case of the death of a laborer the commission may designate a physiciansurgeon to make an autopsy of the corpse, the certificate of autopsy to be
attached to the record of the case for due consideration. Said certificate may
be admitted as evidence in any proceedings before the industrial commission.
Every physician or surgeon called upon to visit or examine a patient suffering
from an occupational disease or from injuries received as a consequence of
154
PART V. TEXT OE LAW S, UNITED STATES, 1 9 2 7 - 2 8
a labor accident, is bound to render his services and to forward to the com
mission within the following 48 hours, a written report showing the name,
address, and occupation of the patient ; the name, address, and business of
the employer for whom the patient worked, the nature of his injury, and such
other information as the commissioner may require.
Any physician, surgeon, or minor surgeon (practicante) who refuses to
render his services, or who neglects or refuses to make and forward to
the commission the aforesaid report, shall be guilty of a misdemeanor and
punishable by a fine of from $50 to $1,000 and by confinement in jail for a
term of from one day to six months in case of subsequent offenses: Provided,
That the commissioner of health, with the approval of the industrial commis
sion, shall establish a schedule to which physicians, minor surgeons, nurses,
and hospitals in default of an agreement, shall adjust their accounts for services
rendered.
Sec. 6. Examination of workmen.— The industrial commission may appoint
any duly qualified physician to examine workmen and report on their injuries
and diseases. Fees for this service shall not exceed $20 and traveling expenses,
but in extraordinary cases the industrial commission may allow a reasonable
additional amount, and the employer or his insurer shall reimburse said com
mission in the sum paid. The physician’s report shall be admissible as
evidence in any proceedings before the industrial commission or before a
commissioner: Provided, That the employee and the insurer shall receive
a copy of such report.
Sec. 7. Industrial commission, powers, duties, etc.—A commission is hereby
created in the Department of Agriculture and Labor of Porto Rico, which shall
be known as the Industrial Commission of Porto Rico, which commission shal,l
be composed of three commissioners appointed by the Governor of Porto
Rico on recommendation of the commissioner of agriculture and labor, with the
advice and consent of the Insular Senate. One of said commissioners shall
be designated as chairman by the Governor of Porto Rico. The term of office
of the commissioners shall be three years, and until their successors have been
.legally appointed and have qualified: Provided, That when said commission
is organized on July 1, 1928, one of the commissioners shall be appointed for
one year; one for two years, and the other for three years. Thereafter one
commissioner shall be appointed yearly for a term of three years: Provided,
That this provision shall in no way affect the commissioners elected at the
election of November 4, 1924, who shall continue in office until the term for
which they were elected has, expired: Provided further, That while the elected
commissioners are in office, the industrial commission hereby created shall be
constituted and shall function with the three commissioners appointed by the
governor, the three elected commissioners, and the commissioner of agricul
ture and labor: And provided further, That the three elected commissioners
shall receive a per diem of $10 for each regular or special meeting which they
attend.
The salaries and expenses of said Industrial Commission of Porto Rico
shall be paid by the people of Porto Rico out of regular funds in the treasury,
and shall be included in the annual budget. The chairman shall receive a
salary of $4,000 a year, and the two commissioners a salary of $3,000 a year
each. The Industrial Commission of Porto Rico may designate a Secretary
at an annual salary of not more than $2,400, and may further dispose of the
sum of $20,000 for salaries of additional employees, transportation, and other
necessary expenses.
Said commission, shall be provided with offices in the city of San Juan,
where its records shall be kept. To this end the commissioner of the interior
is hereby directed to furnish said commission with adequate quarters owned by
the people of Porto Rico in the city o f San Juan.
A majority of the commission shall constitute a quorum, and a vacancy
caused by any o f its members shall not obstruct the right of the members to
exercise all the powers and duties conferred on them by this act.
The commission shall have an official seal duly to authenticate its orders and
decisions, and the copies thereof duly certified by the secretary o f the commis
sion, under its seal, shall be deemed, like the original, to be evidence of their
contents.
The meetings of the commission and their proceedings, which shall be spread
on the minutes, shall be public. The decisions of the commission shall be com
piled and published for general knowledge.
TEXT OF LAW S---- PORTO RICO
155
The commission shall have power to make such rules and regulations con
sistent herewith as may be necessary to carry out the provisions of this act, and
to make process and procedure simple and summary. Such rules and regula
tions, when approved by the governor and published and promulgated in two
newspapers of the most extensive circulation in Porto Rico, shall have the force
of law.
The office of superintendent of insurance is hereby created in the Department
of Finance of Porto Rico, and said superintendent of insurance shall have all
the powers conferred and all the duties imposed by this and other laws of
Porto Rico on the treasurer of Porto Rico as such superintendent of insurance.
His salary shall be $4,000 a year, and he shall be appointed for a term of four
years by the Governor of Porto Rico, with the advice and consent of the
senate.
Seo. 8. Same— Delay in deciding cases.— In case the commission delays deci
sion of a case for over one month without justified cause, the laborer or the
employer who is a necessary party to< the case, or any interested party by means
of mandapms proceedings, may obtain from the court of the district where the
accident happened, an order directing the commission to decide such case; and
if the ends of justice so require, the court may also order the commission to
forward the record of the case to said court, for the purpose of assuming juris
diction therein and o f settling it by final decision; but before assuming juris
diction in a case to hear and decide it, the court shall give the commission
reasonable opportunity to close and decide such case.
In the exercise of its powers and duties, the commission is hereby authorized
to summon witnesses, administer oaths, and take evidence; and in complying
with these provisions it may issue subpoenas- and compel the attendance of
witnesses and the presentation of documentary and other evidence. It may visit
and inspect buildings, machinery, and other property where an accident has
happened, and may avail itself, in its investigations, of the services of the
justices of the peace and of the municipal judges, district attorneys, municipal
and district marshals, police force, and all agents and inspectors of the bureau
of labor.
Sec. 9. Same procedure.— Upon written request of the industrial commission
or of any commissioner, together with interrogatories and cross-interrogatories,
if any there be, filed with the secretary of the district or municipal court for
any district, commissions to take depositions of witnesses residing in the island
or in foreign countries, or letters rogatory to a court of another State or o f a
foreign country, shall forthwith issue from said district court, as in eases
pending therein; and upon the return of said depositions or answers, to letters
rogatory the same shall be opened by the secretary of the court issuing the
commission or letters, and said secretary shall indorse thereon the date when a
deposition or answer to letters rogatory was received and the same shall forth
with be delivered to the industrial commission. No costs shall be charged in
such cases. The fee for attending as a witness before the industrial commission
or before a commissioner shall be $2 a day plus 10 cents a mile for traveling
expenses. The district or municipal court of the district in which the accident
occurred may enforce the provisions of this section relating to compulsory
attendance, witnesses’ oaths, and the examination of books and records.
Sec. 10. Agreements subject to approval.— If the insurer and the insured em
ployee reach an agreement in regard to compensation, a memorandum thereof
shall be filed with the industrial commission and, if approved by it, the
memorandum shall be binding and enforceable as if it were a decision of the
commission. Such agreements shall be approved by the industrial commission
only when the terms conform to this act.
Sec. 11. Failure of agreement.— If the insurer and the injured employee fail
to reach an agreement in regard to compensation, or if they have reached such
an agreement which has been signed and filed in accordance with this act and
compensation has, been paid or is due in accordance herewith, and the parties
thereto then disagree as to the continuance of any weekly payments under such
agreement, either party may notify the industrial commission, which shall
thereupon assign the case for hearing by a commissioner.
Sec. 12. Hearings.— Such commissioner shall make such inquiries and investi
gations as shall be deemed necessary. The hearing shall be held in the locality
where the accident occurred or in such other place as the industrial commission
may designate, and the decision of the commissioner, together with a statement
46675°— 29-------11
156
PART Y. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
of the evidence, his findings of fact, rulings of law, and other matters pertinent
to questions arising before him, shall be filed with the industrial commission.
Unless a claim for review is filed by either party within the 15 days following
service of notice of the decision, it shall be binding and final under section 24.
Seo. 13. Hearings.— If a claim for review is filed under the preceding section,
the industrial commission shall hear the parties and may hear evidence in
regard to pertinent matters and may revise the decision in whole or in part,
or may refer the matter back to the commission for further findings of fact,
and shall file its decision with the records of the proceedings and shall notify
the parties. No party shall, as of right, be entitled to a second hearing upon
questions of fact.
Sec. 14. Hearings.— Questions as to a weekly payment may be heard and
decided by the industrial commission or by any commissioner, and the industrial
commission or such commissioner may, in acordance with the evidence and
subject to this act, issue any order deemed advisable. If the case is heard
and decided by a commissioner, his decision may be reviewed under the pre
ceding sections.
Sec. 15. Decisions--Within 10 days after the service of notice, any party in
interest may present certified copies of an order or decision of the industrial
commission or of a decision of a commissioner from which no claim for review
has been filed with the commission within the time allowed therefor, or of a
memorandum of agreement between the parties approved by the industrial com
mission, to the district court for the district in which the accident occurred
with a petition for review, whereupon said court shall ofder the industrial
commission to forward the record in the case, shall hear the parties to the
controversy, shall render proper" decision, and shall notify the parties. Deci
sions of the court shall have the same effect as a judgment rendered in a
trial, but there shall be no appeal therefrom.
Sec. 16. Expense.— Neither the laborer nor the commission shall incur any
expense whatever in the court prosecution of any matter or proceedings under
this act.
Sec. 17. Fees .— Fees of attorneys and physicians, and charges of hospitals
for service under this act, shall be subject to the approval of the industrial
commission. I f the insurer and any physician or hospital, or the employee
and his attorney, fail to agree as to the amount to be paid for services,
either party may notify the industrial commission, which may thereupon assign
the case for hearing by a commissioner. The commissioner shall report the
facts to the industrial commission for decision and the decision shall be enforce
able and final under section 24.
Sec. 18. Costs.— I f the industrial commission, any commissioner, or any
court before which proceedings under this act are brought, determines that
such proceedings have been brought, prosecuted, or defended without reasonable
ground, the whole cost o f the proceedings shall be assessed upon the party who
has brought, prosecuted, or defended them.
Sec. 19. Final decisions by the commission.— Questions arising under this
act, if not settled by agreement by the parties interested therein, approved by
the industrial commission, shall be determined by the industrial commission.
The decisions of the industrial commission shall, for all purposes, be binding
and final under section 24.
Sec. 20. Determinations of heirs.— In any case where it is necessary to
determine the heirs of a deceased workman, the commission shall so notify
the attorney general so that the district attorney of the proper district court,
or any law clerk authorized to act as district attorney, may prosecute the
case until a declaration o f heirs of the deceased laborer is obtained, which
declaration shall be forwarded to the commission: Provided^ That these pro
ceedings shall be prosecuted urgently by the courts, without need of including
them in the special calendar: And provided, further, That neither the court
nor its officers shall charge any fee or costs whatever for such prosecution and
declaration, nor for such certifications as they may issue for the use o f the
commission. Civil registry keepers of the civil register shall issue all certifi
cates necessary for the purpose, free of charge.
Sec. 21. Agreements to be approved by commission.— Every agreement or
settlement made between a workman or an employer or their insurer as regards
accident, disease, or death compensation under this act, shall be null unless
submitted to the industrial commission for approval as provided herein; and
if approved, shall have the effect of relieving the employer of any ulterior
liability for such accident, disease, or death as may be the ground o f said
TEXT OF LAW S---- PORTO RICO
157
agreement or settlement: Provided, That the industrial commission shall have
power to approve such agreement or settlement only when the terms thereof
are in accordance with the provisions of this act.
Sec. 22. Reports.— Every employer shall hereafter keep records of all in
juries, serious or otherwise, received by his employees in the course of their
employment, if so prescribed by the industrial commission. Within five days
after the occurrence of an accident a written report thereof shall be made
by the employer to the industrial commission on blanks to be procured from it.
Upon the termination of the disability of the injured workman, the employer
shall make a supplemental report upon blanks to be procured from said com
mission. If the disability extends beyond a period of 60' days, the employer
shall report to the industrial commission 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 business of the
employer, the situation of the establishment, the name, 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 other information
required by the industrial commission.
Employers refusing or neglecting to make the report required by this; section
shall be punished by the industrial commission by a fine not to exceed $500.
Pines shall be enforced on the property of the employer as in the case of as
sessments for State insurance, and shall have the same legal effect.
Copies of reports of accidents filed by employers with the industrial com
mission, and statistics and data compiled therefrom, shall be filed by said
commission.
Within 60 days after the termination of the disability of the injured em
ployee, the insurer shall file with the industrial commission a statement
showing the total payments made or to be made for compensation for medical
services for such injured employee.
Sec. 23. Hospital records as evidence.— Copies of hospital records kept in
accordance with law and certified by the persons in custody thereof to be true
and complete shall be admissible in evidence in proceedings before the courts,
the industrial commission, or any commissioner. Before admitting any such
copy in evidence, it may be required of the party offering the same to produce
the original record.
Sec. 24. Final decisions executed by superint^endent of insurance.— Final deci
sions of the commission or of a commissioner, rendered according' to section 12,
or agreements between employers and workmen approved by the commission,
shall be executed by the superintendent of insurance on presentation of a
certified copy of the agreement or decision, in the following form :
(a)
If the employer of a workman suffering an accident is uninsured, as
provided in section 25.
(&) I f insured in the State insurance fund, as provided in section 41.
(c) I f the employer is his own insurer, as provided for cases of uninsured
workmen, or by wholly or partly executing the surety of the employer.
(d) If the employer is insured in private insurance companies or mutual
associations, by wholly or partly executing the surety of the insurer; and
should it be insufficient, then by proceeding to recover the uncollected balance
from the insurer as in the case of noninsurance.
An application for review shall not interrupt execution of the decision of the
commission or of a commissioner, or of an agreement between employer and
workman, unless the insurer and the employer deposit the owing amount of the
decision or furnish such surety as in the opinion of the commission or of the
court may be sufficient, or unless the court, for just cause, orders suspension of
execution.
All remedies granted to employers by this act may be exercised in their names
by their insurers including the superintendent of insurance when the employer
is insured in the State insurance fund.
Sec. 25. Uninsured employers.— In case of an accident to a laborer while work
ing for an employer who in violation of the law is uninsured, the industrial com
mission shall determine proper compensation, plus expenses incurred by it, and
shall certify its decision to the treasurer of Porto Rico who shall assess said
compensation, plus expenses, on the employer and collect them from him ; and
both such compensation and such expenses shall constitute a lien on all the
property of said employer, with the same legal effect and priority as, if it were
a tax levied on such property; Provided, however, That the commissioner shall
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PART Y. TEXT OF LAW S, UNITED STATES, 19 2 7 - 2 8
grant both the employer and the laborer in the case an opportunity to be heard
and to defend themselves, and he shall conform, as far as possible, to the
practices observed by the district courts.
Sec. 26. Insurance .— Every employer shall secure compensation to his work
men for injury, disease, or death as herein stated, in one of the following
forms:
1. By insuring in the State fund.
2. By insuring and keeping insured in private insurance companies or in
mutual labor accident associations authorized to transact such business in
Porto Rico: Provided, That no company shall be allowed to write insurance by
reason of this act, unless it has filed proper bond in the Treasury of Porto
Rico, in cash, first mortgages on real property located in Porto Rico, or in
bonds of the United States of America, of tbe different States, of the Island of
Porto Rico, or of the municipalities thereof, to secure all such compensation as
may be granted by final decisions of the industrial commission of Porto Rico.
3. By obtaining from the superintendent of insurance a self-insurer’s license
which may be issued in the discretion of the superintendent upon proof of
deposit with the treasurer of Porto Rico of a bond of a duly authorized surety
company or of securities approved by the superintendent in an amount to be
determined by the superintendent with the advice of the industrial commis
sion. Such license may be revoked at any time for good cause shown. If,
in the opinion of the superintendent, the security deposited shall be insufficient
to guarantee the liability of the employer under this act, incurred or pros
pective, the superintendent may cancel the license of such insurer or may re
quire the deposit of additional security as a condition to the continuance of
such license.
Seo. 27. Filinfj of classifications of risks.— The insurer shall file with the
superintendent of insurance of Porto Rico its classifications of risks and pre
miums relating thereto, which shall not take effect until approved by the sup
erintendent as adequate and reasonable for the risks to which they respectively
apply: Provided, That upon petition of the insurer or other party aggrieved, the
ruling of the superintendent shall be subject to review by the Supreme Court
of Porto Rico. The superintendent may withdraw his approval of the license
issued to any insurance company to transact the business of workmen’s com
pensation, and no policy issued by said companies shall be effective until ap
proved by the superintendent of insurance.
Seo. 28. Notice of coverage.— Every employer immediately upon providing for
the payment of compensation as provided in section 26 shall give written or
printed notice of the fact and manner of his provision of compensation for in
jured employees to all of his employees covered by the provisions of the work
men’s compensation act and to all such persons with whom he is about to enter
into a contract of hire. He shall file a copy of said notice with the industrial
commission. The notice required by this and the preceding section shall be
given in such manner as may be approved by the industrial commission.
Sec. 29. Provisions of contract insurance. — Every contract of insurance
against risk of labor accidents, and every insurance policy evidencing the same,
shall contain the following clauses to the effect that the insurer shall be chiefly
and directly liable to the employee, to his heirs, and in case of death for pay
ment of compensation granted to workmen or employees by said employer for
which he is liable; that as between the employer and the insurer 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 ; that the, employer shall be subject to the provisions of this act, to the
courts of Porto Rico with jurisdiction over the insurer; that the insurer shall
be in all cases bound by, and subject to, orders, proceedings, and decisions
against the employer, rendered under the provisions of this act, and that such
orders, proceedings, and decisions may be made effective against the surety
of the insurer by the superintendent of insurance by administratively auctioning
such part of said surety as may be necessary.
Seo. 30. Furnishing of data.— Insurers insuring workmen under this act shall,
at the request of the industrial commission, furnish it in writing any informa
tion required in connection with the administration of this act including any
statistics and the names of all employers insured by them.
Sec. 31. Noncomplying employers.-— I f any employer shall fail to secure the
payment o f compensation for labor accidents in accordance with this act, any
injured employee or his dependents may proceed against such employer by
TEXT OF LAW S---- PORTO RICO
159
filing an application for compensation with the commission, and, in addition
thereto, such injured employee 01* his dependents may bring an action at law
against such employer for damages, the same as if this act did not apply, and
shall be entitled in such action to the right, without furnishing bond, to attach
the property of the employer in an amount to be fixed by the court, to secure
the payment of any judgment which may ultimately be obtained. Such attach
ment shall include a reasonable attorney’s fee to be fixed by the court,
If, as a result of such action for damages, a judgment is rendered against
the employer in excess of the compensation awarded under this act, the com
pensation awarded by the commission, if paid, or if secured by security
approved by the court, shall be credited upon such judgment: Provided, That in
such action it shall be presumed that the injury to the employee was a direct
result and grew out of the negligence of the employer, and the burden of proof
shall rest, upon the employer, to rebut the presumption of negligence. In such
proceeding it shall not be a defense to the employer that the employee may
have been guilty of contributory negligence, or that he assumed the risk of the
hazard complained of, or that the injury was caused by the negligence of a
fellow worker, or that the injury was caused by the negligence of a sub
contractor or of an independent contractor, unless the contractor or independent
subcontractor shall have been insured in accordance with the provisions of
this act.
Sec. 32. Penalty.— Failure to secure payment of compensation as provided in
section 26 shall be a misdemeanor punishable by a fine of not less than $25 nor
more than $500, or by imprisonment for not less than 15 days nor more than
six months, or by both penalties.
Sec. 33. Remedy.— When the employer secures compensation to his employees
as provided in this act, the right to recover such compensation pursuant to the
provisions hereof shall be the only remedy against the employer; but in cases
of accidents, disease, or death of a laborer not subject to compensation here
under, the liability of the employer shall be and shall remain the same as if
this act did not exist.
Sec. 34. Assignments of insurance.-—If any employer, whether an individual,
firm, partnership, association, or corporation, insured under the provisions of
this act transfers his business during the period for which said employer is
insured to any other employer, whether an individual, firm, partnership, asso
ciation, or corporation, the industrial commission may, on written notice and
with the consent of both parties (the employer originally insured and the
employer to whom the business is transferred), assign to his successor all the
rights, credits, and obligations of the employer originally insured, and in such
cases shall substitute the name of the assignee for the name of the employer
originally insured, in all accounts, records, and other matters pertaining to the
former, for the balance of the period for which the first employer was insured,
notwithstanding the provisions of section 46 of this act.
Sec. 35. Prohibited agreements.— No agreement made by an employee to
pay any part of the assessments payable by his employer shall be valid; and
any employer who, for such purpose, withholds any part of the wages or sal
ary of any employee entitled to the benefits of this act, or who obtains from
any employee a receipt showing that said employee received as payment in full
of his compensation a sum of money not really paid, shall be guilty of a
misdemeanor.
Sec. 36. Attachments.— The superintendent of insurance shall direct an
attachment of the property of any employer who fails to fulfill his obligation
of insuring his workmen for an amount sufficient to cover the sum of such
compensation as may be determined by the commission. Said attachment shall
be effective until the employer shows that he has performed his duty of insur
ing and until the liability contracted by him with his workmen during the
time he was. uninsured has been liquidated, or until he secures payment of
such liability to the satisfaction of the superintendent of insurance. Said
attachment shall be levied as if it were a case of collection of taxes and shall
be made effective in the same manner as when final judgment has been ren
dered in the case; and as regards the attached property it shall have the
priority granted by the civil code to insurance premiums.
Sec. 37. State insurance.— Before June 1 of each year the superintendent of
insurance shall classify and group the occupations of workmen to whom this
act applies in accordance with the probable risk or liability of injury, disease,
or death derived from their occupation under existing conditions, and shall fix
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PART V. TEXT OF LAW S, UNITED STATES, 19 2 7 - 2 8
rates of insurance to be paid by the employers of workmen in each group of
the State insurance fund. All such rates or premiums shall be levied on the
estimated pay roll of the employer of such workmen for the fiscal year covered
by the insurance on a basis that shall be fair, equitable, and just as among
such employers. Where the superintendent of insurance is of the opinion that
the pay roll for the fiscal year prior to the year for which insurance is to be
collected constitutes a fair basis upon which to estimate the pay roll for the
fiscal year during which the insurance is to be effective, the said pay roll for
the fiscal year during which the insurance is to be effective shall be estimated
thereby: Provided, That when, in the opinion of the superintendent of insurance,
such pay roll can not be taken as a fair basis upon, which to estimate the pay
roll for the year during which the insurance is to be effective, the superintendent
of insurance may require a deposit in advance as hereinafter provided.
I t shall be the duty of the superintendent of insurance to exercise the powers
and perform the duties stipulated in this section; to fix and maintain for each
group of workmen’s occupations the lowest assessment rate compatible with the
maintenance of a solvent, permanent, and exclusive State insurance fund and
the creation and maintenance of a surplus after paying the compensation and
expenses authorized by this act.
The superintendent of insurance may establish as many groups or subgroups
as he may deem necessary, and may fix different rates for any group or sub
group.
If, after this act has gone into effect, it is shown by experience that because
of poor or careless management, or because of lack of safety appliances, any
establishment or work is extraordinarily dangerous in comparison with other
like establishments or occupations, the superintendent of insurance may at, any
time advance its classification of risk and premium rate in proportion to the
extraordinary hazard.
To carry out the provisions of this section, and prior to June 1 of each year,
the superintendent of insurance shall hold public hearings in different towns of
the island, and shall serve notice on all insured employers and to all citizens of
Porto Rico interested in the matter so that they may appear to make such alle
gations as may affect their rights in connection with such grouping of occupa
tions. Such notice shall be published in the newspapers of greatest circulation
in the island.
Sec. 88. Premiums.— The treasurer of Porto Rico is hereby empowered, author
ized, and directed to levy, assess, and collect, semiannually and in advance, from
every employer or workman subject to this act such annual premiums as may
be determined in accordance with the preceding section on the total amount of
wages paid by said employer to workmen who were or would have been entitled
to the benefits of this act during the year prior to the levying of premiums, if
the same had been in force: Provided, That employers duly insured in any of
the other forms hereby authorized shall not be subject to the provisions of this
section and the following sections relative to State insurance if they show to
the satisfaction of the superintendent of insurance that they have insured all
their workmen entitled to the benefits of this act.
Said premiums having been collected shall be deposited in the treasury of
Porto Rico in the workmen’s relief trust fund hereby created.
The assessments shall be made as soon as the duplicate report referred to
in section 40 is received in the office of the superintendent of insurance, taking
as a basis therefor the total amount paid for wages of workmen employed by
each employer during the previous year who were or would have been entitled
to the benefits of this act if the same had been in force. Should an employer
fail to pay the total amount legally assessed against him within the time fixed
by the treasurer, he shall be allowed 30 days’ grace; and if on the expiration
of this term he has still failed to pay, the treasurer of Porto Rico, without
excuse or delay, shall levy an attachment on any property of the employer and
shall proceed' to collect the assessment due as in the case of collection of prop
erty taxes: Provided, That the treasurer of Porto Rico may collect surcharges
for every month or fraction thereof during which such assessments remain
unpaid at the rate of 1 per cent a month: And provided further, That the treas
urer of Porto Rico is hereby empowered to utilize the services of the officers
and employees of the commission to aid him in collecting the assessments and
in prosecuting such attachments as may be proper.
Any employer who, prior to July 1 or to the 1st of January of any year,
ceases to be subject to the provisions of this act may excuse himself from
payment of premiums for the following semester or semesters by giving such
TEXT OF LAW S---- PORTO RICO
161
notification and producing such evidence that he will not be subject to this
act, as may be required. Any employer subject to this act during any part
of a semester, shall pay the premiums for the whole semester, but he shall
be entitled to such reimbursement, if any, as provided in the following
section: Provided, That in such cases reimbursement may be made at the
expiration of the semester for which said premiums were paid.
The treasurer is hereby empowered to require a bond of such officers and
employees under his orders as, for any reason, have charge of funds: Pro
vided, That premiums payable, on such bonds shall be paid out of the work
men’s compensation trust fund.
Sec. 39. Premiums— Same.— At the end of each fiscal year the superintendent
of insurance shall compare the actual pay roll of each employer paying pre
miums in accordance with this act for such fiscal year with the pay roll of
the preceding fiscal year 011 the basis of which premiums were levied, assessed,
and collected by him, and if the pay roll for the year during which the insur
ance was effective is greater than that of the previous fiscal year for which
premiums were levied, assessed, and collected, the treasurer shall levy, assess,
and collect upon the difference, additional premiums in the same manner and
on the same basis as the original premiums were levied, assessed, and collected;
and if the pay roll for the year during which insurance was effective is less
than that of the previous fiscal year for which premiums were levied, assessed,
and collected, the treasurer shall refund from the workmen’s relief trust
fund the proportion of the premiums corresponding to the difference between
the actual pay roll for the year during which insurance was effective and the
year for which they were levied, assessed, and collected: Provided, That in
any case where the superintendent of insurance believes that the pay roll for
the present fiscal year is not a fair basis upon which to estimate the pay
roll for the succeeding year, it may require in advance a deposit to cover
the premiums during the year for which insurance is to be effective, and if
the deposit is found at any time to be insufficient, the treasurer is authorized
to require a further deposit to meet such deficiency. The deposits required
by the treasurer shall be levied, assessed, and collected in the same manner
as hereinbefore provided for the levying, assessment, and collection of pre
miums.
Sec. 40. Filing of statements bp employers.— It shall be the duty of every
employer of workmen, entitled to the benefits of this act, to file with the
superintendent of insurance on or before the 15th day of July of each year a
duplicate statement under oath showing the number of workmen employed
by said employer, the class of occupation of said workmen and the total
amount of wages paid to said workmen during the preceding fiscal year, or
evidence that such employer is insured in any of the forms authorized by
this act. On the total amount of wages declared in said statement, the pre
mium prescribed in sections 37 and 38 of this act shall be computed: Pro
vided, That every employer employing workmen covered by this act for
any term or part of a semester, shall file the aforesaid statement in dupli
cate and under oath, showing the number of workmen employed, the class of
occupation, and the estimated wages to be paid such workmen, and on such
sum the premium payable by said employer shall be computed, and upon
the termination of the work of said workmen the employer shall file a sworn
statement similar to the one above stated, showing the total amount of wages
paid, 011 which sum the corresponding liquidation shall be made, and should
this pay roll prove greater than the previous one, the treasurer shall assess,
levy, and collect additional premiums on the difference.
Collection of these premiums shall have preference over any other obligation
of the employer, and such premiums shall constitute a lien on the property
of the employer, just as soon as the same shall be left unpaid upon service
of notice to pay, with the same priority as granted insurance premiums due
to insurers under the civil code.
Should the employer fail to file such statements on the dates specified above,
the superintendent of insurance shall allow him 20 additional days in which
to do so : Provided, That, if on the expiration of this term the employer fails
to submit said statements, he shall be guilty of a misdemeanor punishable by
a fine of not less than $50 nor more than $500, in the discretion of the court.
Any district court, on motion of the superintendent of insurance, shall order
the employer to present the aforesaid statements in a peremptory term. If
said employer fails to present such statements, disobedience of said order shall
constitute contempt and shall be punished as such.
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PART V . TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
Insurance of each employer by the State shall be in force immediately after
his pay roll or duplicate statement has been filed in the office of the com
mission, together with the amount of premium corresponding to the percentage
of the wages declared in said statement according to the rates fixed by the
treasurer: Provided, That this shall in no way affect the right of the laborer
to proper compensation.
It shall be the duty of every employer of laborers entitled to the benefits of
this act to keep a complete register, in accordance with such regulations as
may be prescribed by the superintendent of insurance, showing the name of
every such laborer, the age and sex of such laborer, the nature of the wTork
performed by, and the wages paid to every one of the said laborers: Provided,
That if any employer fails to comply with this requisite, he shall be guilty of a
misdemeanor punishable by a fine of from $50 to $500.
The superintendent of insurance may order an inspection to be made of all
the pay rolls and other books or records of such employers relating to the
payment of wages by any representative duly authorized by him ; it shall be
the duty of such employer to permit such an inspection.
Any employer who knowingly falsifies the information required by this sec
tion shall be subject to the same penalty as that herein provided for a failure
to file the statement required by this section, and he shall also be liable to the
people of Porto Rico for three times the difference between the premium paid
and the amount that should have been paid, which sum shall be collected in
the same manner as that provided for the collection of the regular premiums
under this act.
Sec. 41. Investments— Accounts.— The treasurer of Porto Rico may invest any
of the surplus or reserve funds belonging to the workmen’s relief trust fund
in bonds of the United States or of Porto Rico, or bonds for which the credit of
the people of Porto Rico has been pledged. All such securities or evidences of
indebtedness shall be placed in the hands of the treasurer of Porto Rico, who
shall be the custodian thereof. He shall collect the principal thereof or the in
terest thereon when due and shall pay the same into the workmen’s relief trust
fund. The treasurer shall pay all warrants or vouchers drawn on the work
men’s relief trust fund for the making of such investments when signed by the
president and secretary of the commission, approved by the auditor of Forto
Rico, and countersigned by the governor. The treasurer, with the consent of
the Governor of Porto Rico, may sell any such securities, the proceeds thereof
to be paid into the workmen’s relief trust fund.
Sec. 42. Accounts.— The treasurer of Porto Rico shall keep an accurate ac
count of the money paid in premiums by each of the several groups of em
ployments, and the expenses of administering the workmen’s relief trust fund
and the disbursements on account of injuries and deaths of employees in each
of said groups, including the creation of reserves to meet anticipated and unex
pected losses and to carry the claims to maturity; also an account of the
amounts received from each individual employer and of the amount disbursed
from the workmen’s relief trust fund for expenses, and a statement of injuries
and deaths of the employees of such employer, and all other necessary accounts
of the workmen’s relief commission.
Seo. 43. Defenses abolished.— When a laborer or his heirs, in accordance with
this act and in the cases specified in section 31, and the industrial commission
in the cases specified in section 45, institute an action to recover damages from
an employer, it shall not be a defense against such action-—
(a) That the employee was guilty of contributory negligence;
(&) That the injury was caused by the negligence of a fellow employee;
(c) That the employee had assumed the risk of injury;
(d) That the injury was caused by the negligence of a subcontractor or of
an independent contractor, unless the contractor or independent subcontractor
shall have been insured in accordance with the provisions of this act.
No contract between employer and employee purporting to permit any of said
defenses shall be valid.
Sec. 44. Willful acts, etc.— Nothing in this act contained shall be inter
preted as depriving the injured workman or his heirs, in accordance with this
act, in case of death, of waiving the provisions of this act at any time prior to
receiving compensation under this act and to claim and recover damages from
his employer, in accordance with the provisions of the lawT before this act
takes effect, when the injuries sustained by the said workman were caused by
the illegal act or gross negligence (willful misconduct) of his employer: Pro
TEXT OF LAW S---- PORTO RICO
163
vided, That only in case of waiver and others comprised herein shall the work
men comprised in this act, or their heirs in accordance with the same, have the
right to institute an action for damages against the employer.
Sec. 45. Liability of third parties.— In cases where the injury for which
workmen are entitled to compensation under this act shall have been sus
tained under circumstances creating a liability against a third person or against
the employer for injuries caused by his illegal act or gross negligence (willful
misconduct) or by defects in the machinery or implements, if the workman
or his heirs receive compensation under this act from the State fund, the
industrial commission shall be subrogated to the rights of the injured workman
or his heirs and may prosecute an action and recover damages from such
third person or such employer liable for such injury, which damages when
recovered shall be covered into the workmen’s relief trust fund for the benefit
of the particular group in which the injured workman’s occupation was
classified.
Sec. 46. Assignments, etc.— Rights and actions accruing under this act shall
not be assignable to other persons nor shall they be subject to attachment or
to claims of other persons.
Sec. 47. Fines.— All fines collected for violations of any of the prorisions of
this act shall be deposited in the insular treasury in the workmen’s relief
trust fund.
Sec. 48. Pending litigation.— The provisions of this act shall in no way affect
pending litigation relative to workmen’s compensation under previous laws.
Sec. 49. Attorney’s fees.— Any contract, agreement, or stipulation between
the injured workman, or his heirs in accordance with this act, and an attorney,
for the payment to the said attorney of a fee contingent upon the result of
the trial, shall be void and have no legal force or effect unless it be in writing
and approved by the industrial commission or the judge of the corresponding
court, as the case may be.
Any agreement for the payment of fees to an attorney in an amount in
excess of 10 per centum of the amount received by a workman as compensa
tion, shall be illegal and void, and the making of such contract, or the actual
receipt by the said attorney of an amount in excess of 10 per centum of the
amount recovered at the trial, shall be illegal and void, and shall constitute
misconduct on the part of the said attorney, punishable by suspension or
disbarment after proper proceedings have been instituted against the offender
in accordance with the existing laws.
Sec. 50. Who may not be attorneys.— That no member of the industrial com
mission nor any officer, employee, or agent thereof, nor any person in the
service of the same, shalL represent another person, nor shall he have any
interest in any transaction, claim, or matter in the jurisdiction of the said
commission. Violation of this section shall be punished by removal and per
manent disability to serve on said commission or under its jurisdiction, it
being understood that this prohibition shall not include acts that are purely
official done by virtue of office or employment.
Sec. 51. Disclosures.—Any information acquired in accordance with this act
by the industrial commission or by any officer or employee intrusted with the
performance of any duty under this act, shall be deemed to be confidential
information, and any officer or employee who shall disclose the said information
except by direction of the proper authority, shall be guilty of a misdemeanor.
Sec. 52. Taxes.— There is hereby levied in substitution of any tax levied by
the laws of Porto Rico on insurance companies for workmen’s insurance, a tax
of three per cent, on the total amount of premiums received by any partner
ship, association, corporation, or other artificial person doing business in
Porto Rico under the provisions of this act, whatever the form may be in
which the insured make payments : Provided, That in cases where the employer
chooses to be his own insurer he shall pay a tax of 3 per cent on such
premiums as he would have had to pay if he were not his own insurer. The
proceeds of such tax shall be covered yearly into the insular treasury: Pro
vided, That when the amount of the proceeds of said tax is greater than the
sum appropriated for the year of their receipt in the general budget of ex
penditures of the people of Porto Rico for the industrial commission, such
excess shall be covered and the treasurer of Porto Rico is hereby directed to
cover it into the workmen’s relief trust fund hereby created.
Sec. 53. Accidents not included,— In all cases of injury or death of employees
not subject to the provisions of this act, the liability of the employer is and
shall be the same as if this act did not exist.
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PART Y. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
Sec. 54. Definitions.— For the purposes of this act, laborer, workman, or
employee, shall be understood to mean any person in the service of any in
dividual, partnership, or corporation regularly employing one or more persons
under any service contract, whether express or implied, verbal or written, and
whether man, woman, or child: Provided, That laborers or employees, in
domestic service and those whose w'ork is of a temporary nature are expressly
excluded.
The words “ laborer ” and “ employee ” include all laborers employed in any
manufacturing, commercial, or agricultural establishment by any natural or
artificial person for compensation, and by the insular government or any of its
dependencies according to the purposes of this act.
Sec. 55. Workmen's relief trust fund.— That the amounts existing in the
workmen’s relief trust fund created by section 1 of an act entitled “An act
providing for the relief of such workmen as may be injured, or the dependent
families of those who may lose their lives while engaged in trades or occupa
tions, and for other purposes,” approved April 13, 1916, are hereby reappro
priated to carry out the provisions of this act and shall constitute the work
men’s relief trust fund hereby created together with such other sums as are
herein specified.
Sec. 56. Unoonstituttonality of act.— If any clause, paragraph, article, sec
tion or part of this act is declared unconstitutional by a court of competent
jurisdiction, said decision shall not affect, prejudice, or invalidate the rest of
this act, but its effect shall be restricted to the clause, paragraph, article,
section, or part hereof so declared unconstitutional.
Sec. 57. Repealing clause.— All lawrs or parts of laws in conflict herewith are
hereby repealed.
Sec. 58. Effective date.— This act shall take effect 90 days after its approval.
Supplemental. L aw
[Act No. 84, Laws of 1928, creates a liquidating board composed of five
members to liquidate the present workmen's relief trust fund. The board was
authorized to borrow a sum not to exceed $500,000 to discharge obligations, and
other provisions.]
RHODE ISLAND
[The compensation law of this State (G-. L. 1923, ch. 92) was amended in
1927 by chapter 1058 and by a supplemental law, chapter 1039, also in 1928,
by supplemental laws, chapters 1159 and 1207. The changes are noted below.
[Sections 1217 and 1223 (as amended 1926, ch. 764) were further amended
by chapter 1058, Acts of 1927, to read as follows:]
(1217) Sec. 6. Compensation for death.-—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
$10 nor less than $6 a week, for a period of 300 weeks from the date of the
injury, except as hereinafter provided; in case the dependent is the widow of
such employee upon whom are dependent one or two children of the deceased
employee including adopted and step-children under the age of 18 years or
over said age but physically or mentally incapacitated from earning, the
employer shall pay such widow not more than $12 a week, and if there are
dependent upon such widow three or more such children the employer shall
pay such widow not more than $14 a week. Upon the death of any such
widow or if there be no widow then upon the death of the injured employee
the compensation payable under this chapter shall thereafter be paid to such
dependent child or children of the injured employee, and in case there is more
than one child the compensation shall be divided equally among them, and such
compensation in the case of one child shall be not more than $10 per week
and in the case of two children not more than $12 per week and in the case
of three or more children no more than $14 per week. Upon the remarriage of
the widow of a deceased employee the compensation theretofore payable to
such widow shal,l cease and determine. If the employee leaves dependents
only partly dependent upon his earnings for support at the time of his injury,
the employer shall pay such dependents for a period of 300 weeks from the
date of the injury a weekly compensation 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 injured 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 300 weeks from the date of the
injury: And provided further, That, if the deceased leaves no dependents at
the time of the injury, the employer shall not be liable to pay compensation
under this chapter except as specifically provided in section 9 of this article.
(1223) S e c . 12 (as amended 1926, ch. 764). Specific injuries.— In case of the
following specified injuries there shall be paid in addition to all other com
pensation provided for in this chapter a weekly payment equal to one-half
of the average weekly earnings of the injured employee but in no case more
than $10 nor less than $4 a week:
{a) For the loss by severance of both hands at or above the wrist, or both
feet at or above the ankle, or of one hand and one foot, or the entire and ir
recoverable loss of the sight of both eyes or the reduction to one-tenth or less
of normal vision with glasses, for a period of 150 weeks.
( b) For the loss by severance of either arm at or above the elbow, or of either
leg at or above the knee, for a period 100 weeks.
(c) For the loss by severance of either hand at or above the wrist, or the
entire and irrecoverable loss of the sight of either eye, or the reduction to onetenth or less of normal vision with glasses, for a period of 80 weeks.
(d) For the loss by severance of either foot at or above the ankle, for a
period of 70 weeks.
(e) For the loss by severance of the entire distal phalange of either thumb,
for a period 12 weeks; and for the loss by severance at or above the second
joint of either thumb, for a period of 25 weeks.
165
166
PART Y. TEXT OF LAW S> UNITED STATES, 1 9 2 7 - 2 8
(f ) For the loss by severance of one phalange of either index finger, for a
period of 12 weeks; for the loss by severance of at least two phalanges of
either index finger, for a period of 16 weeks; for the loss by severance of at
least three phalanges of either index finger, for a period of 18 weeks.
{&) For the loss by severance of one phalange of the second finger of either
hand, for a period of 8 weeks ; for the loss by severance of two phalanges of
the second finger of either hand, for a period of 11 weeks; for the loss by
severance of three phalanges of the second finger of either hand, for a period
of 13 weeks.
(h)
For the loss by severance of one phalange of the third finger of either
hand for a period of 6 weeks; for the loss by severance of two phalanges of
the third finger of either hand, for a period of 8 weeks; for the loss by sever
ance of three phalanges of the third finger of either hand, for a period of
10 weeks.
{i) For the loss by severance of one phalange of the fourth finger of either
hand, for a period of 5 weeks; for the loss by severance of two phalanges of
the fourth finger of either hand,, for a period of 7 weeks; for the loss by
severance of three phalanges of the fourth finger of either hand, for a period
of 9 weeks.
(j) For the loss by severance of one phalange of the big toe of either foot,
for a period of 10 weeks; for the loss by severance of two phalanges of the
big toe of either foot for a period of 15 weeks; for the loss by severance at or
above the distal joint of any other toe than the big toe, for a period of 5
weeks for each such toe.
Where in this section payments are required to be made under more than
one clause, they shall be made consecutively and not concurrently.
[Sections 1239, 1241, 1243, 1252 were amended by chapter 1207, Acts of 1928,
to read as follows : ]
(1239) Sec, 2. If the employer and employee fail to reach an agreement in
regard to compensation under this chapter, or if the commissioner of labor
shall fail to approve any agreement, 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 commissioner of labor
a petition setting forth the names and residences of the parties, the facts relat
ing to employment at the time of the injury, the cause, extent, and character o f
the injury, the amount of wages, earnings, or salary received at the time of the
injury, and the knowledge of the employer of notice of the occurrence of the
injury, and such other facts as may be necessary and proper for the informa
tion of the commissioner and shall state the matter in dispute and the claims
of the petitioner with reference thereto.
(1241) Sec. 4. Within 10 days after the filing of the petition the respond
ent shall file an answer to said petition, together with a copy thereof for the
use of the petitioner, which shall state the claims of the respondent with refer
ence to the matter in dispute as disclosed by the petition. No pleadings other
than petition and answer shall be required to bring the cause to a hearing for
final determination. The commissioner of labor may grant further time for
filing the answer and allow amendments of said petition and answer at any
stage of the proceedings. If the respondent does not file an answer, the cause
shall proceed without formal default and as though the allegations of said
petition had been denied, and the commissioner of labor shall hear such wit
nesses as may be presented by each party and in a summary manner shall
decide the merits of the controversy and file his decision thereof in writing
together with his order upon the parties in accordance therewith. If, how
ever, the respondent is an infant or person under disability, or if an appeal
from his decision shall be taken by either party within 5 days after notice
thereof, or if within 10 days thereafter the terms of such order shall not have
been complied with and upon complaint to him by the party in whose favor
such decision is given, and such decree is entered of such noncompliance there
with, the commissioner of labor* shall forthwith certify all the papers, docu
ments, and agreements to the clerk of the superior court having jurisdiction of
the matter as provided in section 15 of this article. If the resident be an infant
or person under disability, the superior court shall appoint a guardian ad litem
for such infant or person under disability. Such guardian ad litem may be
appointed on any court day after service of the copy referred to in section 3
of this article, upon motion of any party after notice given as required for
TEXT OF LAW S---- RHODE
ISLAND
167
motions made in the superior court, and opportunity to said infant or person
under disability to be heard in regard to the choice of such guardian ad litem.
The guardian ad litem so appointed shall appoint [file] the answer required by
this section.
(1243) Sec. 6. The justice to whom said petition shall be referred by the
court shall proceed to hear de novo all questions of law and fact therein in
volved and such witnesses as may be presented by each party, and in a sum
mary manner decide the merits of the controversy. His decision shall be filed
in writing with the clerk, and a decree shall be entered thereon. Such decree
shall be enforceable by said superior court by any suitable process, including
executions against goods, chattels, and real estate, and including proceedings
for contempt for willful failure or neglect to obey the provisions of said decree.
Such decree shall contain findings of fact, which, in the absence of fraud, shall
be conclusive. The superior court may award as costs the actual expendi
tures, or such part thereof as to the court shall seem meet, but not including
counsel fees, and shall include such costs in its decree. The superior court
may refuse to award costs, and no costs sfrall be awarded against an infant
or person under disability or against a guardian at litem.
(1252) Sec. 15. Whenever the commissioner of labor shall certify to the
superior court the papers, agreements, and documents, in any proceeding as is
hereinbefore provided, he shall certify the same to the clerk of the superior
court in the county where the employer or employee lives or has a usual place
of business. The court where any proceeding is brought shall have power to
grant a change of venue.
Supplemental Law
[Chapter 79, G. L. 1923, was amended by chapter 1039, Acts of 1927, by pro
viding for the maintenance of certain injured employees eligible for rehabilita
tion and instruction in addition to compensation to which the employee is
entitled under the workmen’s compensation.]
[Section 5, chapter 87, G. L. 1923 (as amended 1925, ch. 626), was amended
by chapter 1159, Acts of 1928, by increasing the salary of the deputy commis
sioner of labor from $2,800 to $3,000.]
SOUTH DAKOTA
[The compensation law of this State was amended by chapter 222, acts
of 1927, and a supplemental law, chapter 223, Acts of 1927. The changes are
noted below.
[Section 9459 subsection 1, R. C. 1919 (as amended 1919, ch. 363), was
amended by chapter 222, Acts of 1927, to read as follows:]
Sec. 9459. Compensation for injury.— The employer shall provide necessary
first-aid, medical, surgical, and hospital services or other suitable and proper
care, also medical and surgical supplies and apparatus during disability, and
treatment and hospital services or other suitable or proper care for a period
of not longer than 12 weeks, not to exceed the amount, however, of $100 for
hospital services or other suitable or proper care and not to exceed the amount
of $100 for medical and surgical services, a total of $200. The employee may
elect to secure his own physician, surgeon, or hospital services at his own
expense.
Supplemental L aw
[Chapter 223, Acts of 1927. authorizes the payment of claims of injured
employees of the State out of funds of the industrial commission appropriated
for that purpose, but certain boards may either pay claims out of funds avail
able for maintenance or procure workmen’s compensation insurance.
[Chapter 117 of the Acts of 1921 was repealed.]
168
TENNESSEE
[The compensation law of this State (Acts of 1910, ch. 123) was amended
by chapter 40 and by supplemental laws, chapters 24 and 62, Acts of 1927. The
changes are noted below.
[Section 28 (a) increases maximum payment for temporary total disability
from $12 to $16 by chapter 40, Acts of 1927.
[Section 28 (&) increases maximum payment for temporary partial disability
from $12 to $16 by chapter 40, Acts of 1927.
[Section 28 (d) increases maximum payment for permanent total disa
bility from $12 to $16 by chapter 40, Acts of 1927.
[Section 30 increases maximum payment from $12 to $16 without distinction
as to the number of dependents by chapter 40, Acts of 1927, in death cases.
[Section 30, subsection 9, was amended by chapter 40, Acts of 1927, to read
as follows: ]
Upon the remarriage of the widow, if there are no children of the deceased
employee, the compensation shall terminate, but if there are children under 18
years, the said compensation, at the time of the remarriage, payable to the
widow, shall pass to and be vested in such children.
[Sections 31, 35, and 39 were amended by chapter 40, sections 4, 5, and 6,
Acts of 1927, by substituting the words “ division of workmen’s compensation ”
for bureau of workshop and factory inspection so that notices, settlements,
and receipts are hereafter to be sent to the former.]
Supplemental L aw
[Chapter 32, Acts of 1913, was amended by chapter 24, Acts of 1927, by pro*
viding that the division of workmen’s compensation be substituted for the bu
reau of workshop and factory inspection in receiving reports of accidents and
that these reports be made by all those subject to the workmen’s compensa
tion act.
[Chapter 62, Acts of 1927, provides that employees of the department of
highways and public works be compensated for injuries sustained, but not in
a sum greater than that provided for similar injuries under the workmen’s
compensation law.]
169
TEXAS
[The compensation law of this State (R. C. S., tit. 130) was amended by
chapters 28, 60, 223, 224, 234, 241, 259, 270, acts of 1927. The changes are noted
below.
[Article 8306, section 6, was amended by chapter 60, Acts of 1927, by adding
a new sentence after the word “ law ” in the last line as follows: Provided
further, That if such incapacity continues for four wTeeks or longer, compen
sation shall be computed from the inception date of such incapacity.]
[Article 8306, section 11a, added by chapter 28, Acts of 1927. This provision
creates a conclusive presumption of total and permanent disability in certain
cases which was apparently inadvertently omitted in the 1925 Revised Civil
Statutes, and which is as follows:]
Sec. 11a, Permanent total disability presumed.— In cases of the following in
juries, the incapacity shall conclusively be held to be total and permanent, to
w it:
(1) The total and permanent loss of the sight of 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) A similar loss of one hand and one foot.
(5) An injury to the spine resulting in permanent and complete paralysis of
both arms or both legs or of one arm and one leg.
(6) An injury to the skull resulting in incurable insanity or imbecility.
In any of the above-enumerated cases it shall be considered that the total
loss of the use of a member shall be equivalent to and draw the same com
pensation during the time of such total loss of the use thereof as for the total
and permanent loss of such member.
The above enumeration is not to be taken as exclusive, but in all other cases
the burden of proof shall be on the claimant to prove that his injuries have re
sulted in permanent total incapacity.
[Article 8306, section 19, was amended by chapter 259, Acts of 1927, to read as
follows:]
Sec. 19. Extraterritoriality.— If an employee, who has been hired in this
State, sustain injury in the course, of his employment he shall be entitled to
compensation according to the law of this State even though such injury was
received outside of the State; and that such employee, though injured out of the
State of Texas, shall be entitled to the same rights and remedies as if in
jured within the State of Texas, except that in such cases of injury outside of
Texas, the suit of either the injured employee or his beneficiaries, or of the asso
ciation, to set aside an award of the Industrial Accident Board of Texas, or to
enforce it, as mentioned in article 8307, sections 5-5a, shall be brought either—
a.
In the county of Texas wThere the contract of hiring was made, or
h. In the county of Texas where such employee or his beneficiaries, or any of
them reside when the suit is brought, or
c. In the county where the employee or the employer resided when the con
tract of hiring was made, as the one filing such suit may elect.
Providing, That such injury shall have occurred wTithin one year from the
date such injured employee leaves this State: And provided further, That no
recovery can be had by the injured employee hereunder in the event he has
elected to pursue his remedy and recovers in the courts of the State where such
injury occurred.
[Article 8307, section 5, was amended by chapter 223, Acts of 1927, by no
longer requiring notice to the adverse party of intention not to abide by the
final ruling and decision of the industrial accident board.]
Supplemental L aw
[By chapter 224, Acts of 1927, the commissioner of insurance is superseded
by a board of three insurance commissioners. They shall have general super-
170
TEXT OF LAWS---- TEXAS
171
vision of matters relating to casualty, workmen’s compensation, fidelity, guar
anty, and miscellaneous insurance.
[Chapter 234, Acts of 1927, provides for the exemption from execution, attach
ment, or garnishment insurance payable in installments. Those paid under
the workmen’s compensation act apparently fall within the exemption. (See
art. 8306, sec. 3, of compensation act.)
[Chapter 241, Acts of 1927, extends the act relative to the liability of the
employers’ insurance association by including judgments of a court of admiralty
and maritime jurisdiction.
[Chapter 270, Acts of 1927, regulates motor-bus transportation and makes
compensation insurance compulsory as to such companies.]
46675°—29------ 12
VERMONT
[The compensation law of this State (G. L. 1917, ch. 241) was amended by
Acts Nos. 98, 99, and 100, laws of 1927. The changes are noted below:
[Section 5758, Subdivision V, was amended by chapter 98, Acts of 1927, to
read as follows:]
Sec. 5758. Definition.— ■ * * *
V. “ Employment”— In the case of private employers, to include employment
only in a trade or occupation which is carried on by the employer for the sake
of pecuniary gain. “ Public employment ” to mean employment by the State,
as provided by the provisions of this chapter, and by any of the public corpora
tions mentioned in section 5769 but not to include the employment of public
officials who are elected by popular vote or who receive salaries exceeding
$2,000 a year.
[Section 5769 was amended by Act No. 98, section 2, Acts of 1927, to read as
follows: ]
Sec. 5769. State and municipal bodies.— The provisions of this chapter shall
apply to employees in the State department of highways other than office
employees and to employees other than officials as hereinbefore defined, of
towns, town school districts, incorporated school district, incorporated vil
lages, and fire districts. Policemen, firemen, and others entitled to pensions
shall be deemed employees within the meaning of this chapter. If, however,
any policeman, fireman, or other person entitled to a,pension claims com
pensation under the provisions of this chapter, there shall be deducted from
such compensation any sum which such policeman, fireman, or other person
may be entitled to receive from any pension or other benefit fund to which
the municipal body may contribute: Provided, however, That the provisions
of this chapter shall not apply unless and until such municipal body so votes
at a meeting duly warned for that purpose.
[Section 5784 was amended by chapter 99, Acts of 1927, to read as follows:]
Sec. 5784, Medical, etc., aid.— During the first 14 days of disability the em
ployer shall furnish reasonable surgical and medical services and supplies not
exceeding the amount of $50. Said employer shall also furnish reasonable hos
pital services and supplies not exceeding the amount of $150’ during the first
80 days of disability. The pecuniary liability of the employer for the medical,
surgical, and hospital services herein required 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 person.
[Section 5802 (as amended 1919, No. 159), was further amended by chapter
100, Acts of 1927, to read as follows: ]
Sec. 5802. Procedure (hearings and awards).— If the compensation is not fixed
by agreement, either party may apply to said commission for hearing and award
in the premises; and said commission shall set a time and place for hearing and
give at least six days’ notice thereof to the parties. Such hearing shall be held
at the county seat in the county within which the injury occurred, or in such
town within said county as said commissioner may designate, or in any other
town in any other county in Vermont that the parties may agree upon. So far
as possible all hearings shall be held at the county courthouse or the municipal
courts room, and it shall be the duty of the sheriff of the county in which said
hearings are held to furnish proper accommodations and cause the same to be
properly heated and lighted; but if the injury occurred outside the State, said
commissioner shall designate some place within the State for such hearing. At
such hearing a full trial shall be had; and within six months thereafter said
commissioner shall make his award setting forth his findings of fact and the
law applicable thereto, and shall forthwith send to each of the parties a copy
of such award.
[ Section 5824 was amended by Act No. 98, Acts of 1927, by providing that State
and municipalities may insure with an authorized insurance carrier. 1
172
TEXT OF LAW S---- VERMONT
173
Supplemental L aw
[Chapter 98, Acts of 1927, provided further as follows:]
Sec. 4. Construction.— This act is not to be construed so as to make the State
an employer where it only renders State aid to a municipality or approves of
its plans or supervisors.
Sec. 5. State highways 'board— Regulations.— The State highway board shall
be deemed the agency of the State as employer under the provisions of chapter
241 of the general laws as affected by this act, and is authorized to make rules
and regulations as to details of administration subject to the approval of the
commissioner of industries.
Sec. 6. Construction.— This act shall be deemed to be an election by the State
where an election is required by the provisions of chapter 241 of the General
Laws, and shall take effect from its passage.
Sec. 7. Appropriation.— The sum of $15,000 is hereby annually appropriated
for the purposes of carrying out the provisions of this act, said sum to be paid
from sums appropriated to highway department.
VIRGINIA
[The compensation law of this State (Acts of 1918, ch. 400) was amended
by chapters 19, 227, and 445, Acts of 1928, and by supplemental law, chapter 33,
Act of 1927 (special session). The changes are noted below.
[Section 61 (as amended 1924, ch. 318) was amended by chapter 227, Acts
of 1928, by providing that no appeal can now be taken from the decision of
one commissioner until a review of the case has been had before the full com
mission and an award entered by it.
[Sections 65 and 67 (as amended 1924, ch. 318) were amended by chapter
19, Acts of 1928, by providing (sec. 65) that fees of attorneys, physicians, and
hospitals are now subject to award as well as approval by the commission; and
(ch. 67) provides that all injuries must now be reported to the industrial com
mission instead of only those causing absence from work for more than seven
days.
[Section 75 (as amended 1924, ch. 318) was amended and reenacted by chap
ter 445, Acts of 1928, by providing that authority to grant permits to insurance
carriers, the regulation of rates, and the assessment of the tax on premiums,
are now vested in the State corporation commission, and making other
changes.]
Supplemental L aw
[Chapter 33, Acts of 1927 (special session), provides for a reorganization
of the administration of the State government, and under it the industrial
commission was placed within the department of workmen’s compensation.]
174
WASHINGTON
[The compensation law of this State was amended by chapter 310, Acts of
1927. The changes are noted below.
[Section 7674, C. S. 1910 (ch. 182, Acts of 1921), was amended by chapter 310,
Acts of 1927, to read as follows: ]
Seo. 7674. Extrahazardous employments.— There is a hazard in all employ
ment, but certain employments have come to be, and to be recognized as being
inherently constantly dangerous. This act is intended to apply to all such
inherently hazardous works and occupations, and it is the purpose to embrace
all of them, which are within the legislative jurisdiction of the State, in the
following enumeration, and they are intended to be embraced within the term
“ extrahazardous ” wherever used in this act, to w it:
Factories, mills, and workshops where machinery is used; printing, electrotyping, photo-engraving, and stereotyping plants where machinery is used;
foundries, blast furnaces, mines, wells, gas works, water works, reduction works,
breweries, elevators, wharves, docks, dredges, smelters, powder works; laun
dries operated by power; quarries; engineering works; logging, lumbering,
and shipbuilding operations; logging, street and inter urban railroads; build
ings being constructed, repaired, moved, or demolished; telegraph, telephone,
electric light or power plants or lines, steam heating or power plants, steam
boats, tugs, ferries and railroads, general warehouse and storage; transfer,
drayage and hauling; warehousing and transfer; fruit warehouse and packing
houses. If there be or arise any extrahazardous occupation or work other than
those hereinabove enumerated, it shall come under this act, and its rate of
contribution to the accident fund hereinafter established, shall be, until fixed by
legislation, determined by the department hereinafter created, upon the basis
of the relation which the risk involved bears to the risk classified in section
4 : Provided, however, The following operations shall not be deemed extrahazardous within the meaning, or be included in the enumeration of this
section, to wit: Using power-driven coffee grinders in wholesale or retail
grocery stores; using power-driven washing machines in establishments selling
washing machines at retail; using power-driven machinery in shoe-repair
shops; using computing machines in offices; using power-driven taffy pullers
in retail candy stores; using power-driven milk shakers in establishments op
erating soda fountains; the duties of employees in restaurants; using powerdriven hair cutters in barber shops; using power-driven machinery in beauty
parlors; using power-driven machinery in optical stores; driving automobiles,
exclusive of trucks mentioned in class 11-1 of section 7676 of Remington’s
Compiled Statutes.
The director of labor and industries through and by means of the division
of industrial insurance shall have power, after hearing had upon its own
motion, or upon the application of any party interested, to declare any occupa
tion or work to be extrahazardous and to be under this act. The director of
labor and industries shall fix the time and place of such hearing and shall
cause notice thereof to be published once at least 10 days before the hearing
in at least one daily newspaper of general circulation, published and circulated
in each city of the first class of this State. No defect or inaccuracy in such
notice or in the publication thereof shall invalidate any order issued by the
director of labor and industries after hearing had. Any person affected shall
have the right to appear and be heard at any such hearing. Any order, finding,
or decision of the director of labor and industries made and entered under
the foregoing provisions of this act shall be subject to review within the time
and in the manner specified in section 8 of this act, and not otherwise.
[Section 767.5, C. S. 1910 (ch. 182, Acts of 1921), was amended by chapter
?10, Acts of 1927, to read as follows: [
Sec. 7675. Definitions.— In the sense of this act words employed mean as here
stated, to wit:
175
176
PART V. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
Factories mean undertakings in which the business of working at commodities
is carried on with power-driven machinery, either in manufacture, repair or
change, and shall include the premises, yard, and plant of the concern, except
when otherwise expressly stated.
Workshop means any plant, yard, premises, room, or place wherein powerdriven machinery is employed and manual labor is exercised by way of trade
for gain or otherwise in or incidental to the process of making, altering, re
pairing, printing, or ornamenting, finishing, or adapting for sale or otherwise
any article or part of article, machine, or thing, over which premises, room,
or place the employer of the person working therein has the right of access
or control, except when otherwise expressly stated.
Mill means any plant, premises, room, or place wherein machinery is used,
any process of machinery, changing, altering, or repairing any article or com
modity for sale or otherwise, together with the yards and premises which are
a part of the plant, including elevators, warehouses, and bunkers, except
when otherwise expressly stated.
Mine means any mine where coal, clay, ore, mineral, gypsum, or rock is dug
or mined underground.
Quarry means an open cut from which coal is mined, or clay, ore, mineral,
gypsum, sand, gravel, or rock is cut or taken for manufacturing, building, or
construction purposes.
Engineering work means any work of construction, improvement, or alteration
or repair of buildings, structures, streets, highways, sewers, street railways,
railroads, logging roads, interurban railroads, harbors, docks, canals, electric,
steam or water power plants, telegraph and telephone plants and lines, electric
light or power lines, and includes any other works for the construction, altera
tion, or repair of which machinery driven by mechanical power is used, except
when otherwise expressly stated.
Except when otherwise expressly stated, employer means any person, body
of persons, corporate or otherwise, and the legal personal representatives of
a deceased employer, all while engaged in this State in any extrahazardous
work or who contracts with another to engage in extrahazardous work.
Workman means every person in this State, who is engaged in the employ
ment of any employer coming under this act whether by way of manual
labor or otherwise, in the course of his employment: Provided, however, That
if the injury to a workman is due to the negligence or wrong of another not
in the same employ, the injured workman, or if death result from the injury,
his widow, children, or dependents, as the case may be, „sha,ll elect whether
to take under this act or seek a remedy against such other, such election
to be in advance of any suit under this section; and if he take under this act,
the cause of action against such other shall be assigned to the State for
the benefit of the accident fund; if the other choice is made, the accident
fund shall contribute only the deficiency, if any, between the amount of
recovery against such third person actually collected, and the compensation
provided or estimated by this act for such case. Any such cause of action
assigned to the State may be prosecuted or compromised by the department, in
its discretion. Any compromise by the workman of any such suit, which would
leave a deficiency to be made good out of the accident fund, may be made
only with the written approval of the department.
Any individual employer or any member or officer of any corporate employer
who shall be carried upon the pay roll at a salary or wage not less than the
average salary or wage named in such pay roll and who shall be injured, shall
be entitled to the benefit of this act as and under the same circumstances,
and subject to the same obligations, as a workman: Provided, That no such
employer or the beneficiaries or dependents of such employer shall be entitled
to benefits under this act unless the director of labor and industries prior
to the date of the injury has received notice in writing of the fact that such
employer is being carried upon the pay roll prior to the date of the injury
as the result of which claims for a compensation are made.
Dependent means any of the following-named relatives of a workman
w h'>se death results from any injury and who leave surviving no widow,
widower, or child under the age of 16 years, v iz : Invalid child over the age
o f 18 years, daughter between 16 and 18 years of age, father, mother, grand
father, grandmother, stepfather, stepmother, grandson, granddaughter, brother,
sister, half-sister, half-brother, niece, nephew, who at the time of the accident
are actually and necessarily dependent in whole or in part for their support
upon the earnings of the workman. Except where otherwise provided by treaty,
177
TEXT OF LAWS---- WASHINGTON
aliens other than father or mother, not residing within the United States at
the time of the accident are not included. A dependent shall at all times
furnish to the director of labor and industries proof satisfactory to the director
of labor and industries of the nature, amount, and extent of the contribution
made by such deceased workman.
Beneficiary means a husband, wife, child, or dependent of a workman in whom
sha,li vest a right to receive payment under this act.
Invalid means one who is physically or mentally incapacitated from earning,
The word “ child ” as used in this act, includes a posthumous child, a step
child, a child legally adopted prior to the injury, and an illegitimate child
legitimated prior to the injury.
The word “ injury ” as used in this act means a sudden and tangible
happening, of a traumatic nature, producing an immediate or prompt result,
and occurring from without, and such physical condition as results there
from.
The word “ hernia ” means a real traumatic hernia resulting from the
application of force which either punctures or tears the abdominal wall, as
distinguished from all others which are either congenital or of slow development
and not included within the meaning of the word “ hernia.”
The term “ educational standard ” shall mean such standards as the super
visor of safety shall make for the purpose of educating and training both
employer and workman in the appreciation and avoidance of danger, and in
the maintenance and proper use of safe place and safety-device standards.
[Section 7676, C. S., 1910 (ch. 131, Acts o f 1919, as amended 1923, ch. 136),
was further amended by chapter 310, Acts of 1927, to read as follow s:]
Seo. 7676. Premmm rates.— Inasmuch as industry should bear the greater
portion o f the burden of the cost of its accidents, each employer shall, prior
to the 15th day of each month hereafter, pay into the State treasury for the
accident fund, a sum equal to a percentage of his total pay roll for the preced
ing calendar month, and for the medical-aid fund a certain number o f cents
for each day worked by workmen in extrahazardous employment during the
preceding calendar month, in accordance with the following schedule, to wit
(the same being deemed the most accurate method of equitable distribution
of burden in proportion to relative hazard) : Provided, That, as nearly as
may b.e practicable, the balance in the accident fund of any class, on the
first day of each calendar month, together with the estimated payments to
be made on or before the 15th day of each respective calendar month, shall
not exceed 125 per cent of the estimated amount required to carry such class
for such month, based on the previous five years’ experience of such class,
but there may be added the amount of the estimated deficit, if any, in the
accident fund of such class on the first of such calendar month.
Industries
Industrial
insurance Medicalrate, per aid rate,
cent of cents per
day
pay roll
CLASS
1-1
Ditches and canals (not otherwise specified)__________________________________
Canals other than irrigation.__________________________________________________
Excavations (not otherwise specified). ______________________________________
Pipe laying (not otherwise specified) ___________________________________ ____
Grading (not otherwise specified)
. _ ________ ________________________
D iking_____ _________________________________________________________________
1-2 Drilling wells___________________
_____ _ _______________ ________________
1-3 Shaft sinking (not otherwise specified) __ _______________________ _____
Digging wells______ ______________________________ ______ _____________ _____
1-4 Sewers (including all operations incidental to sewer construction, pipe laying,
back filling, etc.)
__ _________________________ __________________
Back filling (incidental to pipe laying)______ _________________________________
Side sewers. _ ____ __________________ _________ _______________ ______ ________
Conduit construction
____ _____________________________________
Water-main construction (includes all operations incidental to water-main con
struction; back filling, pipe laying, etc.) ________________________ _________
Tunnel work in connection with sewer and water-main construction__________
Trenches, ditches, excavations where depth is greater than width __________
1-5 Tunnels (not otherwise specified—includes lining of tunnels and all labor in
connection with and incidental to tunnel construction)___ __________________
1-6 Tunnels, railroad (includes lining of tunnels).................... ....... ......................... .......
1-7 Land clearing (includes clearing b y all m ethods)......................................................
in
lu
m
2
m
i%
2
8
8
3
3
3
6
3
3
3
10
10
2
2
•2
2
6
6
6
6
2
2
2
6
6
6
3
2H
4i/2
5
4
5
178
PART Y. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
Industries
class
1-8
Industrial
insurance Medicalrate, per aid rate,
cents per
cent of
day
pay roll
l—continued
Clearing rights of w ay for roads and railroads..........................................................
Clearing rights of w ay (not otherwise specified)___________ __________________
Grabbing stumps (includes grubbing stumps b y all m ethods)________________
Railroad construction (not otherwise specified, excludes all bridge and trestle
w ork)__________________________________ ______________________ ____________
Railroad grading______________________________ _________ _____________________
4H
3
3H
2H
CLASS 2
2-1
5-1
5-2
5-3
5-4
5-5
5-6
5-7
5-8
5-9
5-10
Bridges and bridge w ork_____________________________________________________
Steel bridges_________________________________________________________________
Concrete bridges_____________________________________________________________
W ooden bridges______________________________________________________________
Concrete or other types of culverts with span greater than 12 feet_____________
Bridge foundations___________________________________________________________
Subaqueous w ork__________________ _________________________________________
Trestles, framed or pile_______________________________________________________
Wharf and pier construction_________________________________________________
Pile driving_________ ________________________________________________________
Bulkhead construction_______________________________________________________
Breakwaters and jetties______________________________________________________
Railroads, steam (bridge and trestle w ork )___________________________________
Marine railways_____________________________________________________________
W indow washing (excludes domestic servants regularly employed for other
purposes)__________________________________________________________________
Washing or cleaning buildings________________________________________________
Brick work___________________________________________________________________
Stone work___________________________________________________________________
Marble, tile, terra cotta______________________________________________________
Chimneys (brick)____________________________________________________________
Slate w ork___________________________________________________________________
Plumbing____________________________________________________________________
Installation of heating and ventilation systems_______________________________
Furnaces (installation in buildings)__________________________________________
Painting of buildings or structures___________________________________________
Painting (inside or outside work)_____________________________________________
Sign painting________________________________________________________________
Frescoing____________________________________________________________________
Whitewashing_______________________________________________________________
Kalsomining_________________________________________________________________
Carpenter work (not otherwise specified)_____________________________________
Hot-house building___________________________________________________________
Wooden-stair building_______________________________________________________
Lathing______________________________________________________________________
Grain elevators (w ood)_______________________________________________________
House wrecking and m oving store or bank fixtures (installations)____________
Advertising signs (w ood)_______ _____________________________________________
Elevators, freight or passenger (installation)---------------------------------------------------R oof w ork__ ________________________________________________________________
Ornamental metal w ork______________________________________________________
Glass setting (not otherwise specified)___________________________ ____________
Galvanized iron and tin w ork_____ _____________________________________ ____
Fireproof doors and shutters_________________________________________________
Demolishing structures______________________________________________________
Safes and vaults (installation)________________________________________________
M etal ceiling w ork_______ ___________________________________________________
Concrete construction (not otherwise specified)_______________________________
Concrete culverts (less than 12-foot span)_____________________________________
Concrete, plain or reinforced (not otherwise specified)------------------------------------Concrete floors and foundations______________________________________________
Chimneys (concrete)_________________________________________________________
Erection and tearing down of forms in connection with concrete w ork ________
Plastering------------------------------- ------------------------------------------------------------------------Paper hanging_______________________________________________________________
Floor compositions (hot or cold)______________________________________________
Mantel setting_______________________________________________________________
Tile setting in floors__________________________________________________________
Iron and steel structures (not otherwise specified)____________________________
Tanks, w ood or metal (erection)_________________________________________ ____
Chimneys, metal (erection)_________________________________________________
M etal smokestacks or chimneys______________________________________________
Windmills, wood or metal (erection)_________________________________________
Water towers, metal or wood (erection)______________________________________
Fire escapes._____ ___________________________________________________________
Hardwood floors (laying)________________________________________ ____________
General construction (includes all operations b y temporary employers in
building construction)____ _____ ___________________________________________
2H
21/2
21/2
2H
21/2
2H
2y2
2 /2
2H
21/2
/
/
/
21
2 /2
21
21
21/
2H
1.1/
1/2
l1
/
11/
lH
1
l
1
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
4
4
2
2
2
2
2
2
2
2
21/
21/
21/
21/
2/
2H
3/
31/
3 /
31/
31/
31/
31/
3H
31/
31/
3H
2
2
2
2
2
2
2
2
2
2
3H
31/
31
/
3H
H
H
H
H
31/
3H
31
/
31/
3/
3H
31/
11/
m
i/
11
/
11
/
8
8
8
8
8
8
8
8
8
2
4
H
8
8
8
8
8
1
179
TEXT OF LAWS---- W ASHINGTON
Industries
Industrial
insurance Mediealrate, per aid rate,
per
cent of cents
day
pay roll
CLASS 6
2H
6-1 Electric apparatus (installation in buildings)_________ ______________ ________
Electric wiring (inside)___________ ___________ _______________________________
A utomatic sprinklers (installation)_____ _______ _________________ ____ ______
Conduit work' (excludes construction of conduit)_____________________________
Fire-alarm systems (installation)-------------------- ------------------ ---------- ------------------6-2 Electric-railway construction__________________ ________________________ _____
Street-railway construction (including cable) (excludes grading and bridge
w ork)_________ _____________ _____________________________________ _________
Street-railway grading_______________________________________________________
Telegraph and telephone construction___________________ _____ ______________
Transmission lines (construction)_____ ______________________________________
6-3 Installation of machinery (not otherwise specified)___________________________
D ynam o installation---------------------- ----------------------------- ---------------------------------Covering steam pipes and boilers_______ _____________________________________
Gas engines (installation)_____ ______________________________________________
Boilers and engines, steam (installation)____ _____ ___________________________
Belts, pulleys, shafting (installation)_________________________________________
Dismantling m achinery______________ _______________________________________
M oving machinery, boilers, etc_______ _______________________________________
6-4 Junk dealers_________________________________________________________________
8-1 Street and highway paving (construction)____________ ______________________
Asphalt pa vin g------------------ ------- ------------- ------------------------------------------------------Brick paving (construction and repair)_______________________________________
Block paving (wood, s t o n e ) _______ ____ __________________________________
Concrete paving--------------- --------------------------------- -------- -----------------------------------Bituminous pavements (all types)---- ---------------------------- --------------------------------Asphalt m ixing______________________________________________________________
Concrete sidewalks---------------------------- ------------------------ -----------------------------------Plank sidewalks___________ _________________________________________________
R oad and highway pavements (not otherwise specified)---------------------------------- 1
Plank road and street construction_____ ______ ______________________________ j
8-2 R oad and street grading----------------------------- --------------------- ------------------------------8-3 R oad and street maintenance_________________ ______________________________
Road and street employees___________ _____________ _________________________
Irrigation ditches (maintenance)______ ________ _____________________________
Ditches (not otherwise specified; maintenance)_______ _______________________
Engineers and surveyors (includes city, county, or State engineers engaged in
field w ork)________________ _____________________ _________________ ____ ___
8-4 Gravel bunkers (operation)______________________ ___________________________
Gravel pits (operated in connection with road w ork)_________________________
Sand bunkers (operation)............... ................................... ............. .............. .........
9-1
9-2
9-3
Ship or boat building (steel hulls)_____________ ____________ _____________
Repair work on steel vessels (includes all operations incidental to this industry
within shipyard)___________________ _____________ _________________________
Ship or boat building (wooden hulls)_________________________________________
Repair work on wooden vessels (includes all operations within shipyard)____
Ship or boat building (concrete hulls)________________________________________
Repair work on concrete vessels (includes all operations within shipyard)____
Steamboats, tugs, ferries (operation)_________________________________ ________
10-7
Saw m ills____ _________________________
W ood saws in fuel yards_______________
Planing mills (independent)___________
Tie mills______________________________
Planing mills (not otherwise specified) _
Lath mills_____________________________
Masts (with or without machinery)___
Spars (with or without m achinery)____
Shingle mills__________________________
Creosote works________________________
Pile treating works____________________
Lumber inspectors_______ _____________
11-3
11-4
Team and truck driving (includes all warehouses operated b y transfer com
panies)_________________________________ ___________________________________
Safe m oving (in connection with transfer, drayage, etc.)................... ....................
Retail lumber yards__________________________________ _______________________
Trucking (contract)_________________________________ ______________________
Retail fuel yards (includes wood saws and all employees in fuel yards)_______
General hauling (not otherwise specified) and contract trucking".____________
Lum ber yards (retail; without power-driven m achinery)____________________
Auto freight transportation____________________ _____________________________
10-3
10-6
%
2/3
2/3
1H
1M
1H
1H
in
iu
lH
m
iy2
1V2
P /2
m
1H
m
1X
/2
1H
2H
2H
2V2
2H
4
4
4
4
4
2
2
2
2
2
2
2
2
m
3
3
1H
r /2
pa
lH
1n
iy2
V /2
1H
m
2
2
2
2
2
2
2H
2H
2H
m
m
m
1%
m
m
m
m
m
m
1%
1%
m
3
3
H
3
3
3
3
3
3
3H
6
6
2
1H
2H
m
3
3
4
3
4
2
2
1H
3
m
IH
2H
180
PART V. TEXT OP LAW S, UNITED STATES, 1 9 2 7 - 2 8
Industries
Industrial Medicalinsurance aid rate,
rate, per cents per
cent of
day
pay roll
CLASS 12
12—1 Dredging (operation)............................... ....................................................................... .
CLASS 13
Electric light and power plants (operation)........... ....................................................
Electric systems (not otherwise specified)_________________________; __________
Bridge tenders electrically operated__________________________________________
13-2 Steam heat and power plants________________________________________________
13-3 Telephone and telegraph (operation and maintenance) (excludes telephone
and telegraph operators)___________________________________________________
13-1
m
m
2
2
2
2
m
CLASS 14
14-1
14-2
14-3
Street railways (operation)___________________________________________________
Interurban railways (operation )______________________________________________
Steam railroad operations (excludes logging railroads)________________________
16—1
Coal mines (includes shaft sinking and all tunneling in connection with coal
m ines)_____________________________________________________________________
Coke ovens (operation; excludes office force o n ly )_______________ ____________
17-1
17-2
Gravel p it s ._________________________________________________________________
Mines (other than coal; includes all shaft sinking and tunneling in connection
with mines other than coal)______________________________________ ____ ____
Ore reduction (b y wet or dry process at the m ine)___________________________
Quarries_____________________________________________________________________
Stone cutting (quarry hazard)________________________________________________
Stone crushing_______________________________________________________________
74:
1
2H
IH
3
2H
CLASS 10
CLASS 17
17-3
17-4
1H
m
2%
2?4
VA
CLASS 18
18-1
18-2
2H
Blastfurnaces (operation)___________________________ ________________________
Rolling mills (operation)____________________________________________________
Steel and iron making_________________________________________ ______________
Open-hearth furnaces (operation)------------------------------------------------------------------Smelters (operation)_________________________________________________________
Copper, lead, zinc, etc., smelting____________________________________________
19-1
Gas works (operation) (excludes meter readers, complaint men, solicitors, and
storeroom em ployees)_____________________________________________________
21-1
Chop, feed, and flour mills (operation)_________ _____________________________
Seed cleaning________________________________________________________________
Grain warehouse and elevators (operation)____ ______________________________
General warehouse and storage (operation; excludes operations in connection
with class 11)______________________________________________________________
Fruit, warehouses____________________________________________________________
2^
CLASS 21
21-2
21-3
21-4
m
m
m
i
i
CLASS 22
22-1
23-1
Laundries (operation)__________________ _____________________________________
D ye works and cleaners.............................. .................................. ................................
35
35
CLASS 23
Water works (operation)______________ ____________________________,___ _____
m
CLASS 24
*24-1
Paper mills ( o p e r a t io n ) ____ ________________ _______________________________
Pulp mills (operation)__________________ ____________________________________
29-1
Cooperage (manufacturing)_________________ ________________________________
Staves, barrel, tub (manufacturing)__________________________________________
Barrels, kegs, pails (manufacturing)__________________________________________
Basket manufacturing_______________________________________________________
Sash, door, blinds, etc_________________________________________ ______________
Planing mill (in connection with sash and door factory)_____________________
Glazing and beveling glass (in connection with sash and door)_______________
Excelsior (manufacturing)___________________________________________________
Veneering (manufacturing)__________________________________________________
Cabinet works_______________________________________________________________
Furniture (manufacturing)_________________ _________________________________
CLASS 29
29-2
29-3
1
1
1
1
1
1
1
ix
IK
m
m
2H
2H
2H
2 Vz
21/2
2Yi
m
2
* 2
2
2
181
TEXT OF LAW S---- WASHINGTON"
Industries
c la ss
Industrial Medicalinsurance aid rate,
rate, per cents per
cent of
day
pay roll
29 —continued
Boxes and packing cases (manufacturing)______________________
W ooden and fiber ware (manufacturing)_______________________
Woodworking (not otherwise specified)________________________
Kindiing w ood______________________ _________________________
W ood pipe (manufacturing)___________________ __ _____________
Pattern shops (independent)___________________________________
1U
1H
m
m
lh
m
CLASS 31
31-1
31-2
31-3
33-1
33-2
Building material (manufacturing; not otherwise specified)____
Concrete blocks and files (independent of concrete construction)
Cement staves (independent of concrete construction)__________
Lime (manufacturing)_________________________________________
Paint and oils (manufacturing)_________________________________
Cement (manufacturing)___ ___________________________________
Stone handling and cutting (not quarry hazard)________________
Paving blocks (cu ttin g )............ ............................................. .............
2
2
2
2
2
2^2
m
m
CLASS 33
Fish canneries (operation)______ _______________________________
Fish oil (m a n u fa c tu r in g )____ ________________________________
Fish products (not otherwise specified)_________ _______________
CLASS 34
Auto repair shops (operation)__________________________ _____
Auto garages (operation)_________ _____________________________
Vulcanizing tires and tubes________ ___________________________
Automobile painting_______ ___________________________________
34-2 Machine shops (operation)_____________________________________
Blacksmith shops (operation)__________________________________
Boiler works (operation)_______________________________________
Foundries (operation)__________________________________________
W oodworking (incidental to car and machine building)________
Welding (not otherwise specified)______________________________
34-4 Metal-working trades (not otherwise specified)_________________
Sheet metal (manufacturing)__________________________________ _
Metal stamping________________________________________________
T in stamping______ _________________________________________
Hardware (manufacturing)_____________________________________
Galvanized iron works_________________________________________
Cans (m anufacturing)____________________________ ____________
34-5 Airplane pilots and instructors_________ ____________ __________
34-6 Gas service stations____________________________________________
Oil service stations____________________________________________
34-1
H
%
%
H
%
3
A
H
1
1
1
1
1
1
l
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
3
2
2
CLASS 35
35-1
35-2
35-3
Brick and tile (manufacturing)_________________________________
Earthenware (manufacturing)__________________________________
Porcelain (manufacturing)_____________________________________
Fireclay (manufacturing)______________________________________
Terra cotta_____________________________________________________
Pottery (manufacturing)_______________________________________
Briquettes (manufacturing)____________________________________
Peat fuel (manufacturing)______________________________________
Charcoal (manufacturing)______________________________________
Glass (manufacturing)_____ ____________________________________
m
m
1h
m
lH
1U
i
i
i
CLASS 37
37-1
37-2
Alcohol, ammonia, nitrogen, oxygen (manufacturing)__________
Bottling works (operation)_____________________________________
Breweries (operation)__________________________________________
CLASS 38
38-1
38-2
38-3
38-4
38-5
Brooms and brushes (manufacturing)__________________________
Textile (manufacturing)_____________________________ ___________
W ool (working in ) ______________________________________________
Cloth (working in )_____________________________________________
Cordage (manufacturing)_______________________________________
Leather (working in)_____ ______________________________________
Rubber (working in )_ ._____ ____________________________________
Vulcanizing (excludes work in garages)_________________________
Asbestos products (manufacturing)_____________________________
Paper products (m anufacturing)_______________________________
Paper (working i n ) .._____ _________________________________ ____
21/2
2
2
182
PART V. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
Industries
39-1
39-3
Industrial
Medicalinsurance aid rate,
rate, per cents per
cent of
day
pay roll
Bakeries, candy and crackers (manufacturing)______________________________
Macaroni (m aking)_________________________________________________________
Foodstuffs (not otherwise specified)________________________________________
Fruits and vegetables (working in) (includes canning, preserving, pickling) _
Oils (working in edible oils) __L_____________________________________________
Sugar refineries (operation)_________________________________________________
CLASS 40
40-1
40-2
41-1
41-2
41-3
42-1
1H
Condensed milk (operation)
Creameries (operation)______
Ice cream (manufacturing) _ _.
Cheese making______________
H
H
m
m
m
l l/2
Electrotyping____________________________________________________ ______
Engraving, photo_______________________________________________________
Photoengraving___________________________________ ______________________
Lithographing-----------------------------------------------------------------------------------------Printing________________________________________________________________
Linotype (includes all employees in room with machinery and shafting).
Jewelry manufacturing__________________________________________________
Jewelry engraving_______________________________________________________
W harf operations_
Longshoring_____
H
2
4
IK
3
3
3
3
3
3
3
3
3
3
8
8
2
CLASS 43
43-2
43-3
Packing houses (operation)__________________
Sausage making______________________________
Slaughtering_________________________________
Soap and tallow m aking--------------------------------Lard m aking._________ ______________________
Tallow (making)_____________________________
Fertilizer m a n u f a c t u r in g ____ _____________
Stock yards (operation)______________________
Tanneries (operation)________________________
M eat products, canneries____________________
Garbage works (operation)___________________
Incinerators (operation)______________________
Meat markets (retail with power m achinery).
m
1H
m
1H
IK
VA
in
m
1H
3
3
H
m
CLASS 44
44-1
44-2
Cold storage (operation)__________________
Artificial ice, manufacturing and delivery.
Natural ice, producing and handling_____
1
l
10
2
2
8
CLASS 45
Mo
Mo
46-1
Theater stage em ployees. _
M oving-picture operators.
46-1
46-2
Powder works (manufacturing) .
Fireworks (manufacturing)_____
2%
I
3
Elective adoption for nonhazardous industries________________________________
1
2
H
H
1
Elective adoption (subclasses)
48-1 Office employees, clerks, janitors, caretakers, and not otherwise specified_____
48-2 Automobile and truck drivers (where general occupation is not extrahazardous).
48-3 Agricultural workers_________________________________________________________
48-5 Inside occupations (not otherwise specified)__________________________________
48-6 Outside occupations (not otherwise specified)________________________________
Guards, penitentiary and other State institutions .
Highway patrol__________________________________
Marshals and other salaried peace officers________
Peace officers on salary_____ ______________________
Policemen________________ _______________________
H
2
%
%
2
2
2
2
2
1
2
3
m
m
2
3
2
2
2
TEXT OF LAW S-----WASH INGTON
Industries
c la ss
49-2
183
Industrial Medicalinsurance aid rate,
rate, per cents per
cent of
day
pay roll
49— c o n ti n u e d
Sheriffs and their salaried deputies____________________________________ _____
Wardens, fish and game, on salary___________________________________________
Foresters (rangers having police pow er)______________________________________
CLASS 50
50-1
50-2
Logging (includes all operations in connection with and incidental to logging).
Logging railroad operations__________________________________________________
Logging railroad grading-------------------------------------------------------------- ------- ----------Logging railroad construction (includes bridge and trestle work on logging
railroads)__________________________________________________________________
Cutting wood and bolts______________________________________________________
Booming and driving logs (not otherwise specified)__________________________
Tie cutting___________________________________________________________________
Booming logs (this subclass exclusively for independent boom companies. All
booming and driving done b y logging companies must be classified as 50-1)
The application of this act as between employers and workmen shall date
from and include the 1st day of July, 1927: Provided, That this section
shall not be effective until the 1st day of October, 1927. At least once each
year an adjustment of accounts shall be made upon the basis of the actual
pay roll, whereupon class rates shall be adjusted accordingly. Every employer
who shall enter into business at any intermediate day, or who shall resume
operations in any work or plant after the final adjustment of his pay roll
in connection therewith, shall, before so commencing or resuming operations,
as the case may be, notify the director of labor and industries of such fact,
accompanying such notification with an estimate of his pay roll for the first
calendar month of his proposed operations, and shall make payment of the
premium on such estimated pay roll. Every such employer shall be liable for
a premium of at least such estimated pay roll. Every such employer shall
be liable for a premium of at least $1 irrespective of the amount of his pay
roll.
Every employer within the provisions o f this act shall on or before the 15th
day of each month hereafter furnish the department with a true and accurate
pay roll showing the aggregate number of workdays; that is, man-days, during
which workmen were employed by him during the preceding calendar month,
the total amount paid to such workmen during such preceding calendar month,
and a segregation of employment in the different classes provided in this
act, and shall pay his premiums thereon to the accident fund and medical aid
fund. The sufficiency of such statement shall be subject to the approval o f
the director of labor and industries.
Every employer shall keep at his place of business a record of his employ
ment from which the above information may be obtained and such record shall
at all times be open to the inspection o f the director o f labor and industries,
supervisor of industrial insurance, or the traveling auditors, agents, or assist
ants of the department, as provided in section 7690 of Remington’s Compiled
Statutes of Washington.
In all cases where partners or other persons are excluded on the pay roll
such statement shall state both the names and occupations of the parties
excluded and no such person shall be entitled to compensation unless notice
in writing that such excluded person has been included is received by the
department prior to the date of injury to such person. Such employer shall
at the time of reporting his pay roll also state the names and addresses
of any contractor or subcontractor operating for or under him.
Every person, firm, or corporation who shall fail to keep such record or
fail to make such report in the manner and at the time herein provided shall
be subject to a penalty of $100 for each such offense, to be collected by civil
action in the name of the State and paid into the accident fund.
Every employer who shall fail to furnish an estimated pay roll and make pay
ments as above provided shall be liable to a penalty o f not to exceed $500 and
shall also be liable if an accident has been sustained by an employee prior to
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PART V. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
the time such estimate is received by the department, to a penalty in a sum
equal to 50 per cent of the cost to the accident fund and medical-aid fund of
such accident, to be. collected in a civil action in the name of the State, and
paid into the accident fund. In case the consequent payment to the injured
workman, his dependents or beneficiaries, be payable in monthly payments, the
cost to the accident fund shall be estimated in accordance with the rules stated
in section 7681 of Remington’s Compiled Statutes of Washington. The director
of labor and industries may waive the whole or any part of any penalty charged
under this act. In respect to any injury happening to any of his workmen dur
ing the period such employer shall be in default in the payment of any premium,
if such default be after demand for payment, or if such employer shall be in
default for failure to furnish the department with an estimated pay roll or with
monthly reports of his pay roll as required under section 7676 of Remington's
Compiled Statutes, the defaulting employer shall not be entitled to the benefits
of this act, but shall be liable to suit by the injured workman (or his benefici
aries and dependents), at his or their option, as he would have been on March
14, 1911, and in any action brought against such employer, it shall be no de
fense for such employer to show that such injury was caused in whole or in part
by the negligence of a fellow servant of the injured workman, that the negli
gence of the injured workman, other than his willful act committed for the
purpose of sustaining the injury, contributed to the accident, or that the injured
workman had knowledge of the danger or assumed the risk which resulted in
his injury. If such injured workman or his beneficiaries, or dependents, shall
elect to take under this act, such action against the employer shall revert to the
State for the benefit of the accident fund.
Any employer who shall misrepresent to the department the amount of his
pay roll or the number of days upon which the premium under this act is based
shall be liable to the State in 10 times the amount of the difference in premium
paid and the amount the employer should have paid, and shall also be guilty of
a misdemeanor if such misrepresentation shall be made knowingly. Civil penal
ties to the State under this act shall be collected by civil action in the name of
the State and paid into the accident fund.
Any person, firm, or corporation who not having previously reported to the
department shall establish any new plant, or works, or enter upon the per
formance of any new building contract or construction contract and who shall
fail to send written notice thereof to the department within five days after
such establishing or entering shall be guilty of a misdemeanor.
For the purpose of such payments into the accident fund accounts shall be
kept with each industry in accordance with the classification herein provided
and no class shall be liable for the depletion of the accident fund from acci
dents happening in any other class. Each class shall meet and be liable for the
accidents occurring in such class. The fund thereby created shall be termed the
“ accident fund ” which shall be devoted to the purpose specified for it in this
act.
The medical aid fund created in section 7713 of Remington’s Compiled Stat
utes of Washington shall not be kept by classes and all payments shall be made
from the one fund, but accounts shall be kept with each class and subclass of
industry in accordanace with the classification herein provided for the purpose
of computing the medical aid cost experience of such classes and subclasses and
determining the correctness of the medical-aid rates charged such classes and
subclasses.
In that the intent is that the. accident fund created under this section shall
ultimately become neither more nor less than self-supporting, exclusive of the
expense of administration, the rates named in this section are subject to future
adjustment by the director of labor and industries, in accordance with any
relative increase or decrease in hazard shown by experience, and if in the
adjustment by the director of labor and industries the moneys paid into the
fund of any class or classes sh^all be insufficient to properly and safely dis
tribute the burden of accidents occurring therein, the department may divide,
rearrange, or consolidate such class or classes, making such adjustment or
transfer of funds as it may deem proper.
It shall be unlawful for the employer to deduct or obtain any part o f the
premium required by this section to be by him paid into the accident fund
from the wages or earnings of his workmen or any o f them, and the making
or attempting to make any such deduction shall be a gross misdemeanor. The
director of labor and industries shall make corrections of classifications as be
tween classes of industries if and as experience shall show error or inaccuracy
TEXT OF LAW S— WASHINGTON
185
therein. From the original classification or premium rating or any change
made therein, any employer claiming to be aggrieved may upon application
have a hearing before the joint board created by the administrative code upon
notice to the interested parties, and in the manner provided in section 8 hereof,
a review by the courts.
If a single establishment or work comprises several occupations listed in
this section in different risk classes, the premium shall be computed according
to the pay roll of each occupation, or in the discretion of the director of labor
and industries, a single rate of premium may be charged for the entire estab
lishment based upon the rate of premium of the occupation reporting the
largest pay roll. In computing the pay roll the entire compensation received
by every workman employed in extrahazardous employment shall be included,
whether it be in the form of salary, wage, piecework, overtime, or any allow
ance in the way of profit sharing, premium, or otherwise, and whether payable
in money, board, or otherwise.
The director of labor and industries shall have power to authorize any em
ployee of the department who is an attorney admitted to practice law in the
State of Washington to appear for the department in any action instituted for
the purpose of collecting industrial-insurance premiums.
[Section 7679, C. S. 1910 (ch. 131, acts of 1919, as amended 1923, ch. 136)
was further amended by chapter 310, acts of 1927, to read as follow s:]
Sec. 7679. Schedule.— Each workman who shall be injured in the course of
his employment, or his family or dependents in case of death of the workman,
shall receive out of the accident fund compensation 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,
Compensation schedule
(a)
Where death results from the injury the expenses of burial not to ex
ceed $100 in any case w7here the deceased was an unmarried man, or $150 in any
case where the deceased left a widow or an orphan child or children, shall be
paid to the undertaker conducting the funeral: Provided, That no sum shall
be paid an undertaker for the burial expenses where the deceased left a widow
or an orphan child or children unless the undertaker shall make and file with
the department an affidavit that no part of the burial expenses have been
either directly or indirectly paid by or charged to the widow or orphan child
or children.
(1) If the workmen leaves a widow or invalid widower, a monthly pay
ment of $35 shall be made throughout the life of the surviving spouse, to cease
at the end of the month in which remarriage shall occur, and the surviving
spouse shall also receive per month for each child o f the deceased under the
age of 16 years at the time any monthly payment is due the following pay
ments : For the youngest or only child, $12.50; for the next or second youngest
child, $7.50; and for each additional child, $5: Provided, That in addition to
the monthly payments above provided for, a surviving widow o f any such de
ceased workman shall be forthwith paid the sum of $250.
Upon remarriage of a widow she shall receive once and for all, a lump
sum of $240, but the monthly payments for the child or' children shall continue
as before.
(2) If the workman leaves no wife or husband, but an orphan' child or chil
dren under the age of 16 years, a monthly payment o f $25 shall be made to each
such child until such child shall reach the age of 16 years, but the total
monthly payment shall not exceed $75 and any deficit shall be deducted pro
portionately among the beneficiaries.
(3) If the workman leaves no widow, widower, or child under the age of
16 years, but leaves a dependent or dependents, a monthly payment shall be
made to each dependent equal to 50 per cent of the average monthly support
actually received by such dependent from the workman during the 12 months
next preceding the occurrence of the injury, but the total payment to all
dependents in any case shall not exceed $20 per month. If any dependent
is under the age o f 16 years at the time of the occurrence of the injury, the
payment to such dependent shall cease when such dependent shall reach the
age of 16 years. The payment to any dependent shall cease if and when,
under the same circumstances, the necessity creating the dependency would
have ceased if the injury had not happened.
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PART V. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
If the workman is under the age of 21 years and unmarried at the time of
his death, the parents or parent of the workman shall receive $20 per month
for each month after his death until the time at which he would have arrived
at the age of 21 years.
(4) In the event a surviving spouse receiving monthly payments shall die,
leaving a child or children under the age of 16 years, sudh child or* children
shall receive each the sum of $25 per month until arriving at the age o f 16
years, but the total monthly payment shall not exceed $75 and any deficit
shall be deducted proportionately among the beneficiaries.
(&) Permanent total disability means loss of both legs, or arms, o f one leg
and one arm, or total loss of eyesight, paralysis or other condition permanently
incapacitating the workman from performing any work at any gainful
occupation.
When permanent total disability results from the injury, the workman shall
receive monthly during the period of such disability:
(1) If unmarried at the time of the injury, the sum of $35.
(2) If the workman have a wife or invalid husband, but no cjiild under
the age of 16 years, the sum of $40.
If the husband is not an invalid the monthly payment of $40 shall be reduced
to $20 as long as they are living together as husband and wife.
(3) If the workman have a wife or husband and a child or children under
the age of 16 years, or, being a widow or widower, having any such child or
children, the monthly payment provided in the preceding paragraph shall be
increased by $12.50 for the youngest or only child, $7.50 for the next or second
youngest child, and $5 for each additional child under the age of 16 years.
(4) In case of total permanent disability, if the character of the injury is
such as to render the workman so physically helpless as to require the services
of a constant attendant, the monthly payment to such workman shall be
increased $25 per month as long as such requirement shall continue, but such
increase shall not obtain or be operative while the workman is receiving care
under or pursuant to any of the provisions of sections 7712 to 7725, inclusive,
of Remington’s Compiled Statutes.
(c) If the injured workman die during the period of permanent total disa
bility, whatever the cause o f death, leaving1a widow, invalid widower, or child
under the age of 16 years, the surviving widow or invalid widowTer shall receive
$35 per month until death or remarriage, to be increased per month for each
c h id of the deceased under the age of 16 years at the time any monthly pay
ment is due, as follow s: For the youngest or only child, $12.50; for the next or
second youngest child, $7.50; and for each additional child, $5; but if such
child is or shall be without father or mother such child shall receive $25 per
month until arriving at the age of 16 years. Upon remarriage the payments on
account of the child or children shall continue as before to such child or
children.
An invalid child, while being supported and cared for in a State institution,
shall not receive compensation under this act. If an injured workman, or the
surviving spouse of an injured wrorkman, shall not have the custody of a minor
child for, or on account of, whom payments are required to be made under this
section, such payment or payments shall be made to the person having the lawful
custody of such minor child.
(d) (1) When the total disability is only temporary, the schedule of pay
ments contained in paragraphs (1 ), (2 ), and (3) of the foregoing subdivision
(6) shall apply so long as the total disability shall continue; (2) but if the in
jured workman have a wife or husband and have no child, or have a wife or
husband, or being a widow or widower, with one or more children under the
age of 16 years, the compensation for the case during the first six months or
such lesser period o f time as the total temporary disability shall continue shall
be per month as follows, to w it: Injured workman whose husband is not an in
valid, $22.50; injured workman having one child, whose husband is not an
invalid, $30; injured workman having two children, whose husband is not an
invalid, $37.50; injured workman having three children, whose husband is not
an invalid, $45; injured workman having four or more children, whose husband
is not an invalid, $52.50; injured workman with wife or invalid husband and
no child. $42.50; injured workman with wife or invalid husband and one child,
or being a widow or widower and having one child, $52.50; injured workman
with a wife or invalid husband and two children, or being a widow or widower
and having two children, $60, and $5 for each additional child.
TEXT OF LAW S---- WASHINGTON
187
Should a workman suffer a temporary total disability and should his em
ployer, at the time of his injury continue to pay him the wages which he was
earning at the time of such injury, such injured workman shall not receive
any payment provided in paragraph ($ ), subdivision (1), from the accident
fund during the period his employer shall so pay such wages.
(3) If such temporary total disability shall endure longer than said six
months’ period, the schedule of compensation contained in paragraphs (1 ), (2 ),
and (3) of the foregoing subdivision (6) shall at the end of said six months’
period again obtain.
(4) As soon as recovery is so complete that the present earning power of .
the workman, at any kind of work, is restored to that existing at the time of
the occurrence of the injury, the payments shall cease. If and so long as the
present earning power is only partially restored, the payments shall continue
in the proportion which the new earning power shall bear to the old. No
compensation shall be payable out of the accident fund unless the loss of
earning power shall exceed 5 per cent.
No payment shall be made to or for a natural child of a deceased workman
and at the same time as the stepchild of a deceased workman.
(e) There is hereby created in the office of the State treasurer a fund to be
known and designated as the reserve fund out of which shall be made the
payments specified in this section for all cases of death or permanent total
disability including future payments to be made for the cases of that character
which have heretofore arisen. Into the reserve fund there shall be forthwith
placed all unexpended funds, in cash or invested, heretofore set aside for cases
requiring a reserve. For every case resulting in death or permanent total
disability hereafter arising it shall be the duty of the department to make
transfer on their books from the accident fund of the proper classi to the
reserve fund a sum of money for that case equal to the estimated present cash
value of the monthly payments provided for it, to be calculated upon the
basis o f an annuity covering the payments in this section provided to be made
for the case. Such annuities shall be based upon tables to be prepared for
that purpose by the State insurance commissioner and by him furnished to
the State treasurer, calculated upon standard mortality tables with an interest
assumption of 4 per cent per annum.
The department shall notify the State treasurer from time to time of such
transfers as a whole and the State treasurer shall invest the reserve in either
State capitol building bonds issued to take up capitol building warrants now
outstanding, or in the class of securities provided by law for the investment of
the permanant school fund, and the interest or other earnings o f the reserve
fund shall become a part of the reserve fund itself. The department shall, on
October 1 of each year, apportion the interest or other earnings of the reserve
fund as certified to it by the State treasurer, to the various class reserve funds
according to the average class balance for the preceding year. As soon as
possible after October 1 o f each year, beginning in the year 1927, the State
insurance commissioner shall expect the reserve fund of each class to ascer
tain its standing as of October 1, of that year, and the relation of its out
standing annuities at their then value to the cash on hand or at interest belong
ing to that fund. He shall promptly report the result of his examination to
the department and to the State treasurer in writing not later than December
31, following. I f the report shows that there was on said October 1, in the
reserve fund o f any class in cash or at interest a greater sum than the then
annuity value of the outstanding pension obligations of that class, the surplus
shall be forthwith turned over to the accident fund o f that class, but if the
report shows the contrary condition of any class reserve, the deficiency shall
be forthwith made good out of the accident fund of that class. The State
treasurer shall keep accurate accounts of the reserve fund and the investment
and earnings thereof, to the end that the total reserve funds shall at all times,
as near as may be, be properly and fully invested, and to meet current demands
for pension or lump-sum payments may, if necessary, make temporary loans
to the reserve fund out of the accident fund for that class, repaying same
from the earnings of that reserve fund or from collections o f its investments,
or, if necessary, sales o f the same.
( f ) Permanent partial disability means the loss of either one foot, one leg,
one hand, one arm, one eye, one or more fingers, one or more toes, any dis
location where ligaments were severed where repair i*> not complete, or any
46675°— 29-------13
188
PART V. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
other injury known in surgery to be permanent partial disability. For the
permanent partial disabilities here specifically described, the injured workman
shall receive compensation as follows:
Specific major permanent partial disability injuries
Loss of one leg amputated so near the hip that an artificial limb can
not be worn__________________________________________________________$3, 000
Loss of one leg at or above the knee so that an artificial limb can
be worn______________________________________________________________
2, 280
Loss of one leg below the knee_________________________ _______________
1, 560
Loss of the major arm at or above the elbow_________________________
2, 280
Loss of one arm so near the shoulder that an artificial arm can not
be worn_____________________________________________________________
3, 000
Loss o f the major hand at wrist--------------------------------------------------------1,920
Loss of one eye by enucleation_______________________________________
1, 440
Loss of sight of one eye________________________________________________
1, 080
Complete loss of hearing in both ears_________________________________
2, 280
Complete loss of hearing in one ear_________________________________
600
Specific minor permanent partial disability injuries
Loss of one thigh at upper third_____________________________________ $2, 280
Loss of one thigh at lower third__________ __________________________ 2,280
Loss of one leg at lower third__________________________________________ 1, 560
Loss of foot at the ankle____________________________________________
1,560
Loss of great toe with metatarsal bone thereof_________________________
480
Loss of great toe at the proximal joint_______________________________
300
Loss of great toe at the second joint___________________________________
105
Loss of one other toe other than the great toe with metatarsal bone
th ereof______________________________________________________________
165
Loss of second toe at proximal joint__________________________________
75
Loss of third toe at proximal joint___________________________________
75
Loss o f fourth toe at proximal joint___________________________________
75
Loss of fifth toe at proximal joint_____________________________________
30
Loss of metatarsal bone on toe other than great toe____________________
90
Loss of forearm at upper third_________________________________________ 2,100
Loss of forearm at lower third________________________________________ 2,100
Loss of thumb with metacarpal bone thereof___________________________
720
Loss of thumb at proximal joint__ ____________________________________
480
Loss of thumb at second joint_________________________________________
180
390
Loss of index or first finger at proximal joint_________________________
Loss of index or first finger at second joint____________________________
330
Loss of index or first finger at distal joint___ _________________________
150
Loss of middle or second finger at proximal joint_______________ _______
300
Loss of middle or second finger at second joint_________________________
250
Loss of middle or second finger at distal joint__________________________
90
Loss of ring or third finger at proximal joint__________________________
270
Loss of ring or third finger at second joint_____________________________
210
Loss of ring or third finger at distal joint______________________________
90
Loss of little or fourth finger at proximal joint_________________________
105
Loss of little or fourth finger at second joint__________________________
75
Loss of little or fourth finger at distal joint___________________________
30
Loss of metacarpal bone in finger except thumb________________________
75
Broken arch in foot___________________________________________________
600
Ankylosed ankle____________________ _________________________________
480
600
Ankylosed knee_______________________________________________________
Provided, hoivever, If any of the above-mentioned specific minor permanent
partial disability injuries shall not result in or involve amputation, not more
than three-fourths o f the foregoing respective sums shall be paid: Provided,
further, That payment for any injury to minor hand or arm or any part
thereof shall not exceed 95 per cent of the amounts hereinbefore enumerated.
Compensation for any other specific major permanent partial disability or
specific minor permanent partial disability shall be in the proportion which
the extent of such other disability shall bear to that major specific or minor
specific permanent partial disability above specified, which most closely re
TEXT OF LAW S---- WASHINGTON
189
sembles and approximates in degree of disability such other disability, but not
in any case to exceed the sum of $2,400.
I f the injured workman be under the age of 21 years and unmarried, the
parents or parent shall also receive a lump-sum payment equal to 10 per cent
of the amount awarded the minor workman.
(g) Should a further accident occur to a workman who has been previously
the recipient o f a lump-sum payment under this act, his future compensation
shall be adjudged according to the other provisions of this section and with
regard to the combined effect o f his injuries and his past receipt of money under
this act.
Should a workman receive an injury to a member or part of his body already
from whatever cause permanently partially disabled, resulting in the amputa
tion thereof or in an aggravation or increase in such permanent partial disability
but not resulting in the permanent total disability of such workman, his com
pensation for such permanent partial disability shall be adjudged with regard
to the previous disability of the injured member or part and the degree or
extent of the aggravation or increase of disability thereof.
Should such further accident result in the permanent total disability o f
such injured workman, he shall receive the pension to which he would be
entitled notwithstanding the payment of a lump sum for his prior injury.
(h) If aggravation, diminution, or termination of disability takes place or be
discovered after the rate of compensation shall have been established or com
pensation terminated, in any case the director of labor and industries, through
and by means of the division of industrial insurance, may, upon the application
of the beneficiary, made within three years after the establishment or termina
tion of such compensation, or upon his own motion, readjust for further appli
cation the rate of compensation in accordance with the rules in this section
provided for the same, or in a proper case terminate the payment: Provided,
Any such applicant whose compensation has heretofore been established or
terminated shall have three years from the taking effect of this act within
which to apply for such readjustment.
No act done or ordered to* be done by the director of labor and industries,
or the department of industrial insurance, prior to the signing and filing in the
matter of a written order for such readjustment, shal,l be ground for such
readjustment: Provided, however, That if within the time limited for taking
an appeal from an order closing a claim, the department shall order the sub
mission of further evidence or the investigation of any further fact, the time
for appeal from such order closing the claim sha,ll be extended until the appli
cant shall have been advised in writing of the final order of the department
in the matter.
(i) A husband or wife of an injured workman, living in a state of abandon
ment for more than one year at the time of the injury or subsequently, shall
not be a beneficiary under this act. A wife who has .lived separate and
apart from her husband for the period o f two years and who has not, during
that time, received, or attempted by process of law, to collect funds for her
support or maintenance, shall be deemed living in a state o f abandonment.
( /) I f a beneficiary shall reside or remove out of the State the department
may, in its discretion, convert any monthly payments provided for such case
into a lump-sum payment (not in any case to exceed the value of the annuity
then remaining, to be fixed and certified by the State insurance commissioner,
but in no case to exceed the sum of $4,000.
(7c) No workman injured after June 30, 1923, shall receive or be entitled
to receive compensation out of the accident fund for or during the day on which
injury was received or the three days following the same.
[Section 7680, O. S. 1910 (ch. 131, Acts of 1919) was further amended by
chapter 310, Acts of 1927, to read as follow s:]
Seo. 7680.— Intentional injury— Minor.— If injury or death results to a work
man from the deliberate intention of the workman himself to produce such
injury or death, or while the workman is engaged in the attempt to commit,
or the commission of, a crime, neither the workman nor the widow, widower,
child or dependent of the workman shall receive any payment whatsoever
out of the accident fund. If injury or death result to a workman from the
deliberate intention of his employer to produce such injury, or death, the
workman, the widow, widower, child or dependent of the workman shall have
the privilege to take under this act, and also have cause of action against the
employer, as if this act had not been enacted, for any excess of damages over
the amount received or receivable under this act.
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PART V. TEXT O F LAW S, UNITED STATES, 1 9 2 7 - 2 8
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 workman except as express.ly prQvided in this act, but in the event
of a lump-sum payment becoming due under this act to such minor workman,
the management of the sum shall be within the probate jurisdiction o f the
courts the same as other property of minors: Provided, That in the event
it is necessary to procure the appointment of a guardian to receive the money
to which any minor workman is entitled under the provisions of this act, the
director o f labor and industries may allow from the accident fund, toward the
expenses of such guardianship, not to exceed the sum of $25 in any one case:
Provided further, That in case any such minor shall be awarded a lump-sum
payment of the sum of $250, or ,less, the director o f labor and industries shall
have power, in his discretion, to make payment direct to such minor without
the necessity of the appointment of a guardian.
[Section 7681, C. S. 1910 (sec. 22, page 97, Acts of 1917) was further amended
by chapter 310, Acts of 1927, by authorizing the settlement of compensation due
an alien residing in a foreign country by a lump-sum payment not to exceed
50 per cent of the value of the annuity remaining.
[Section 7684, C. S. 1910 (ch. 182, sec. 6, Acts o f 1921, as amended 1923,
ch. 136) was further amended by chapter 310, Acts of 1927, to read as follow s:]
Seo. 7684. Assignments— Aliens.— No money paid or payable under this act
out of the accident fund shall, prior to the issuance and delivery o f the warrant
therefor, be capable of being assigned, charged, nor ever be taken in execution
or attached or garnished, nor shall the same pass, or be paid, to any other
person by operation of law, or by any form of voluntary assignment, or
power of attorney. Any such assignment or charge shall be v o id : Provided,
That if any workman shall suffer a permanent partial injury, and shall
die from some other cause than the accident which produced such injury
before he shall have received payment of his award for such permanent
partial injury, or if any workman shall suffer any other injury and shall die
from some other cause than the accident which produced such injury before
he shall have received payment of any monthly installment covering any
period of time prior to his death, the amount of such permanent partial
award, or of such monthly payment or both, shall be paid to his widow, if
he leave a widow, or to his child or children if he leave a child or children and
shall not leave a w idow : Provided, That if any workman shall suffer any injury
and shall die therefrom before he shall have received payment o f any monthly
installment covering time loss for any period of time prior to his death, the
amount of such monthly payment shall be paid to his widow, if he leave a
widow, or to his child or children if he leave a child or children, and shall not
leave a widow: Provided further, That if the injured workman shall have
resided in the United States as long as three years prior to the date o f such
injury such payment shall not be made to any widow or child who was at the
time of such injury a nonresident of the United States.
Except as otherwise provided by treaty, whenever under the provisions of
this act, compensation is payable to a beneficiary or dependent who is an alien
not residing in the United States, the department shall pay 50 per cent of
the compensation herein otherwise provided to such beneficiary or dependent.
But if a nonresident alien, beneficiary or dependent, is a citizen of a govern
ment having a compensation law which excludes citizens of the United States
either resident or nonresident, from partaking o f the benefit of such law in
as favorable a degree as herein extended to nonresident aliens he shall receive
no compensation. No payment shall be made to any beneficiary or dependent
residing in any country with which the United States does not maintain diplo
matic relations, when such payment is due.
Proof o f dependency by any beneficiary or dependent residing without the
United States shall be made before the nearest United States consul or consular
agent, under the seal o f such consul or consular agent, and the department
may cause any warrant or warrants to which such beneficiary or dependent is
entitled to be transmitted to the beneficiary or dependent through the nearest
United States consul or consular agent.
[Section 7686, C. S. 1910 (ch. 182, Acts of 1921) was amended by chapter
310, Acts of 1927, by specifying- in subsection (d) that an application is also
barred unless filed within one year after the “ rights o f dependents or bene
ficiaries ” accrue; in subsection (e) a physician’s report must be filed with
TEXT OF LAW S---- WASHINGTON
191
the director of labor and industries, instead of the industrial insurance depart
ment as heretofore required.
[Section 7697, C. S. 1910 (ch. 74, sec. 20, Acts of 1911), was amended by chap
ter 310, Acts of 1927, by providing that appeal must be brought within 60 days
instead of 20 days as heretofore. Also, misconduct in proceedings before the
joint board may be punishable as contempt of court.
[Section 7724, 0. S. 1910 (ch. 182, sec. 12, Acts of 1921), was amended by
ch. 310, Acts of 1927, by requiring the employer to pay into the surplus fund
a sum not exceeding 1 per cent o f the amount he would have been, required
to pay into the medical aid fund but for such contract.
[Section 7784, C. S. 1910 (ch. 182, sec. 15, Acts of 1921, as amended 1923, ch.
136, sec. 18), was amended by chapter 310, Acts of 1927, to read as follow s:]
Seo. 7784. Accident fund.— Each employer who shall be certified by the super
visor of safety for any calendar year to have failed to comply during the calendar
year preceding the current year with any safety standard or order applicable to
his establishment or case and who shall have cost for that year and for the pre
ceding year the accident fund of any class or class subdivision to which he is a
contributor for such calendar year preceding the current year, more than 125 per
cent of his total premiums to the accident fund for said aggregate 2-year period
in such class or class subdivision, shall pay into the accident fund upon demand
of the supervisor o f industrial insurance in addition to the amount which he
would otherwise have paid for such calendar year into the accident fund on
account of the plant, works or system in respect to which such excess cost
shall have occurred, a sum equal to 10 per cent of his premium to the accident
fund for that year in such class or class subdivision. All establishments or
plants in which extrahazardous industry is engaged, which are operated sepa
rately from, and independently of, each other shall, for all purposes o f this
act, be treated as separate and distinct from each other, even though of the same
class or class subdivision and of common ownership, control, or management.
W ISCONSIN
[The compensation law o f this State was amended by chapters 42, 45, 125,
241, 310, 482, and 517, Acts of 1927. The changes are noted below.
[Section 102.03, subsection 2 G. S. 1923, was amended by chapter 482, Acts
of 1927, to read as follow s:]
(2)
Where, at the time of the accident, the employee is performing service
growing out of and incidental to his employment.
Every employee going to and from his employment in the ordinary and usual
way, while on the premises of his employer, shall be deemed to be performing
service growing out o f and incidental to his employment:
(a)
When any fireman is responding to a call for assistance outside the limits
of the city or village by which the fireman is employed, unless such calls are
made in violation o f an ordinance, resolution or order of such city or village.
[Section 102.09, subsection 4 (&), G. S. 1923, was amended by chapter 517,
Acts of 1927, to read as follow s:]
(4) (6) Where the accident proximately causes permanent partial disa
bility, the unaccrued compensation shall first be applied toward funeral ex
penses, not to exceed $200, any remaining sum to be paid to dependents as pro
vided in subsections (4) and (4a) of this section, and there shall be no lia
bility for any other payments. The question of dependency shall be determined
in accordance with the facts as the facts may be at the time of the accident
to the employee. All computations under this paragraph shall take into con
sideration the present value of future payments.
[Section 102.09, subsection 4m ( f ) , G. S. 1923, was amended by chapter 517,
Acts o f 1927, to read as follow s:]
(f )
In each case of injury resulting in death, leaving no person wholly de
pendent for support, the employer or insurer shall pay into the State treasury
such an amount, when added to the sums paid or to be paid on account of par
tial dependency, as shall equal four times the deceased employee’s average an
nual earnings, such payment to the State treasury in no event to exceed $1,600.
The payment into the State treasury so provided shall be made in all such cases
regardless of whether the dependents or personal representatives of the deceased
employee commence action against a third part^ as provided in subsection (2) of
section 102.29.
[Section 102.09, subsection 5 (a ), G. S. 1923, was amended by chapter 517,
Acts of 1927, to read as follow s:]
(5) (a) The specific injuries described in the following schedule are declared
to be major permanent partial injuries. The percentage assigned in such
schedule shall represent the relation of the permanent disability in wage loss
caused by such an injury to an employee aged 30 years when compared with
an injury causing permanent total disability to an employee of the same yearly
age group, namely:
Major permanent partial injury schedule
1. The loss of an arm at the shoulder, 50 per cent;
2. The loss of an arm at the elbow, 42% per cent;
3. The loss of a hand, 33% per cent;
4. The loss of a palm where the thumb remains, 22% per cen t;
5. The loss of a thumb at the proximal joint, 10 per cent;
6. The loss of a thumb and the metacarpal bone thereof, 12% per cent;
7. The loss o f all the fingers of one hand where the thumb and palm remain,
14 per cent;
8. The loss of a leg at the hip joint, 50 per cent;
9. The loss of a leg at the knee, 42% per cent;
10. The loss of a foot at the ankle, 25 per cent;
11. The loss of the great toe with the metatarsal bone thereof, 8% per cent;
192
TEXT OF LAW S---- W ISCONSIN
193
12. The loss of an eye by enucleation or evisceration, 27V2 per cent;
13. Total impairment of one eye for industrial use, 25 per cent;
14. Total deafness of both ears, 33% per cen t;
15. Total deafness of one ear, 5 per cent;
16. In case an accident causes more than one permanent injury specified in
this paragraph, the disability allowance for the lesser injury shall be increased
by 20 per cent, except in the case of injuries to both eyes when the disability
allowance for the lesser injury shall be trebled;
[Section 102.09, subsection 5 ( e ), item 27, G. S. 1923, was repealed by
chapter 517, Acts of 1927.
[Section 102.09, subsection 6, paragraph (a ), was amended, paragraphs (b)
and (c) were repealed, and paragraphs (d), (&), and ( f ) were amended by
chapter 517, Acts of 1927, subsection 6, now reading as follow s:]
(6) In the following cases special indemnity shall be paid an employee only
from the funds provided for in paragraphs (d), (e), and (f) of this subsection
in addition to the allowance provided in subsection (5) of this section, after
cessation of the payments therein prescribed;
(a)
If an employee has previously incurred permanent partial disability
through the loss or total impairment of a hand, arm, foot, leg, ear, or eye,
and by a subsequent accident incurs permanent disability through the loss or
impairment of the other hand, or the other arm, or the other foot, or the other
leg, or the other ear, or the other eye, or through the loss or impairment of
another member or organ, an amount sufficient to complete * * * the pay
ment of such indemnity as would have accrued if the injury to both members
or organs had been caused by a single accident.
[(&) and ( c ) repealed by chapter 517, Acts of 1927.]
(d) In each case of the loss or of the total impairment of a hand, arm, foot,
leg, ear, or eye, the employer shall be required to pay the sum of $75 into the
State treasury. The payment into the State treasury shall be made in all such
cases regardless of whether the employee, his dependents or personal representa
tives, commence action against a third party as provided in subsection (2) of
section 102.29.
( e ) The moneys paid into the State treasury pursuant to the foregoing para
graph, with all accrued interest, is hereby appropriated to the industrial com
mission for the discharge of all liability for special additional indemnity
accruing under this subsection.
(f) For the proper administration of the funds available under paragraphs
(d) and ( e ) the commission shall, by order, set aside in the State treasury
suitable reserves to carry to maturity the liability for special additional in
demnity in each case, and for any contingent death benefit.
[Section 102.09, subsection 7, G. S. 1923, was amended by section 3, chapter
517, Acts of 1927, by adding a new provision which reads as follow s:]
(7) (d) I f the amount recoverable under the above paragraphs of this
subsection for temporary disability shall be less than the actual loss of wage
sustained by the minor employee, then liability shall exist for such loss of wage.
[The introductory paragraphs o f subsection 1 o f section 102.11, G. S. 1923,
were amended by chapter 42, Acts of 1927, to read as follow s:]
Seo. 102.11. Computation of earnings; dependents.— 1. The average weekly
earnings referred to in section 102.09 shall be one-fiftieth of the average annual
earnings of the employee.
The average annual earnings for employees shall be taken at not less than
$525 nor more than $1,500 per annum. Between said limits such average
annual earnings shall be determined as follow s:
[Section 102.16, G. S. 1923 (as amended 1925, ch. 171), was amended by
chapter 517, Acts of 1927, by providing that the attorney general represent the
State in payments into and out o f the State treasury.
[Section 102.18, G. S. 1923, was amended by chapter 517, Acts o f 1927, by
providing that the commission may now set aside its own awards upon grounds
o f newly discovered evidence.
[Section 102.31, G. S. 1923, was amended by chapter 125, Acts of 1927, by
creating a new subsection (5 ), providing that two or more insurance companies
licensed to carry on workmen’s compensation insurance may form a corpora
tion for the purpose o f insuring special risks.
[Sections 102.36 to 102.41, G. S. 1923, were repealed by chapter1310, Acts of
1927, and in place thereof new sections were created numbered the same, which
read as follow s:]
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PART V. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
Sec. 102.36. Employer to furnish information.—Wlien asked to do so every
employer shall furnish information to the industrial commission upon the
number of hisi employees and the nature of their work and upon the contracts
he has made to insure his liability for accident to employees.
Sec. 102.37. Record of accidents.— Every employer of three or more persons
and every employer, who is subject to the workmen’s compensation act shall
keep a record of all accidents causing death or disability of any employee
while performing services growing out of and incidental to the employment,
which record shall give the name, address, age, and wages of the deceased or
injured employee, the time and causes of the accident, the nature and extent of
the injury and such other information as the industrial commission may require
by general order. Reports based upon this record shall be furnished to the
industrial commission at such times and in such manner as it may require by
general order, upon forms' to be procured from the commission.
Sec. 102.38. Record of payments.— Every insurance company which transacts
the business of compensation insurance and every employer who is subject
to the workmen’s compensation act but who has not insured his liability shall
keep a record of all payments made under the provisions of chapter 102 of the
Statutes and of the time and manner of making such payments and shall fur
nish such reports based upon these records to the industrial commission as it
may require by general order, upon forms to be procured from the commission.
Sec. 102.39. Application of general orders.—The provisions' of sections 101.01
to 101.28, of the Statutes, relating to the adoption, publication, modification,
and court, review of general orders of the industrial commission shall apply
to all general orders adopted pursuant to chapter 102 of the Statutes.
Sec. 102.40. Reports as evidence.— Reports furnished to the industrial com
mission pursuant to the requirements of chapter 102 o f the Statutes shall not
be admissible as evidence in any action arising out of the death or accident
reported.
Sec . 102.41. Penalty.— Every employer and every insurance company that
fails to keep the records or to make the reports required by chapter 102 of the
Statutes or that knowingly falsifies such records or makes false reports shall
forfeit and pay into the State treasury a sum not less than $10 nor more than,
$100 for each offense.
Supplem en tal
Law
[Section 205.15, G. S. 1923, was amended by chapter 45, Acts of 1927, relating
to representation in the compensation and inspection bureau.
[A new section, 56.21, was added and subsection (8) of section 20.57, G. S.
1923 was amended by chapter 241, Acts of 1927, providing that certain inmates
o f State institutions if injured “ may ” be allowed such compensation by the
industrial commission as they shall be u entitled to,” computed on the same
basis as though such injury had been covered by the workmen’s compensation
law, not to exceed $1,000.]
W YO M IN G
[The compensation law of this State was amended in 1927, by chapter 111.
The changes are noted below.
[Section 4326, O. S. 1920 (as amended 1923, ch. 60; 1925, ch. 124) was
amended by chapter 111, Acts of 1927, by reducing the period from six to
three months within which time claim for compensation must be made where
the employee’s report of the accident was not filed within the statutory time.
[Section 4331, C. S. 1920 (as amended 1923, ch. 60; 1925, ch. 124) was amended
by chapter 111, Acts of 1927. The employer isi now required to pay into the
industrial accident fund, in addition to monthly premium, a monthly service
and policing charge ranging from $2, where the monthly premium is less than
$10, to $200, where the monthly premium is over $5,000.
[Section 4332, C. S. 1920 (as amended 1923, ch. 60) was amended by chapter
111, Acts of 1927, by striking out the word “ here” in the twelfth line and
substituting the word “ herein.”
[Section 4333, C. S. 1920 (as amended 1923, ch. 60) was amended by chapter
111, Acts of 1927, by providing that the salaries and traveling expenses of
inspectors are to be paid out of the industrial accident fund.]
[Section 4334, C. S. 1920 (as amended, 192:1, ch. 138; 1923, ch. 60; 1925,
ch. 124) was further amended by chapter 111, Acts of 1927, to read as follow s:]
Section 4334. Compensation— Schedule of benefits.— Each employee, who
shall be injured in any of the extrahazardous employments, as herein defined,
or the dependent family of any such injured workman, who may die as the
result o f such injuries except in case of injuries due solely to thei culpable
negligence of such injured employee, shall receive out- of the industrial accident
fund, compensation in accordance with the following schedule, and such pay
ment shall be in lieu of and taking the place of any and all rights o f action
against any employer contributing, as required by this act to the industrial
accident fund in favor of any person or persons by reason of any such injuries
or death.
(a)
“ Permanent partial disability ” means the loss of either one foot, one
leg, one hand, one arm, one eye, or the sight of one eye, one or more fingers,
one or more toes, and dislocation where the ligaments are severed, or any
other injury known to surgery to be permanent partial [disability. For any
permanent partial disability hereinafter specifically described, resulting from
an injury, the workman shall receive a lump sum as follow s:
$225
For the loss of a thumb_________________________________
For the loss of a first finger_______________________________
200
For the loss of a second finger__________________________
150
150
For the loss of a third finger-----------------------------------------For the loss of a fourth finger____________________________
150
For the loss of a palm (metacarpal bone)------------------------600
For the loss o f a hand____________________________________ 1, 000
For the loss of an arm at or below elbow-------------------------- 1, 200
For the loss of an arm above elbow________________________ 1, 500
For ankylosis (total stiffness of) or contractures (due to scars or injuries)
which makes the fingers more than useless the same amounts apply to such
finger or fingers (not thumb) as given above. The loss of a third or distal
phalange of the thumb shall be considered to be equal to the loss of one-half
of such thumb; the loss of the more than one-half of such thumb shall be
considered to be equal to the loss of the whole thumb.
The loss of a third or distal phalange of any finger shall be considered to
be equal to the loss of two-thirds of such finger.
The loss of more than the middle and distal phalanges of any finger shall
be considered to be equal to the loss o f the whole finger: Provided, however,
195
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PART V. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
That in no case shall the amount received for more than one finger exceed
the amount provided in this schedule for the loss o f a hand.
For the loss of a great toe_______________________________ $200
For the loss of one of the toes other than great toe________
150
The loss of more than two-thirds of any toe shall be
considered to be equal to the loss of the whole toe.
The loss of less than two-thirds of any toe shall be con
sidered equal to the loss of one-half of the toe.
For the loss of a foot--------------------------------------------------------1,000
For the loss of a leg below the knee_______________________1, 200
For the loss of a leg above the knee_______________ ______ 1, 500
For the loss of an eye or the sight thereof_________________ 1, 500
For any other injury known to surgery to be permanent partial disability,
the workman shall receive a sum in the amount proportioned to the extent
of such permanent partial disability based as near as may be upon the fore
going schedule, but in every such case the amount allowed for the injury shall
be paid in monthly installments at the rate of $50 per month if the workman
be unmarried at the time of the injury and at the rate of $60 per month if
the workman has a wife with whom he is living at the time of the injury:
Provided, however, That the court making such award shall retain jurisdic
tion of the same until said award shall have been fully paid, with power to
modify or change the amount of the award to conform to any change in the
condition of the injured workman, and shall have power at any time during
said period, upon application and hearing with notice to the employer, and a
showing of the necessity therefor, to order all or any part of the unpaid
balance of the award to be paid to the injured workman as a lump sum.
(&) “ Permanent total disability” means the loss of both legs or both arms,
total loss of eyesight, paralysis, or other conditions permanently incapacitating
the workman from performing any work at any gainful occupation. Where
there has been a previous disability, as the loss of one eye, or the sight thereof,
one hand, one foot, or any other previous permanent disability, the percentage of
disability for a subsequent injury shall be determined by deducting therefrom
the percentage of the previous disability, as it existed at the time of the sub
sequent injury. When permanent total disability results from the injury the
workman shall receive sum of $4,000, but in every such case the amount allowed
for the injury shall be paid in monthly installments at the rate o f $50 per
month if the workman be unmarried at the time of the injury, and at the rate
of $60 per month if the workman has a wife with whom he is living at the
time of the injury: Provided, however, That the court making such award
shall retain jurisdiction of the same until said award shall have been fully
paid, with power to modify or change the amount of the award to conform
to any change in the condition o f the injured workman, and shall have power
at any time during said period, upon application and hearing, with notice to
the employer, and a showing of the necessity therefor, to order all or any part
of the unpaid balance of the award to be paid to the injured workmen as a
lump sum : Provided, That if the workman shall die leaving an unpaid balance
of the award then such unpaid balance shall be returned to the industrial
accident fund and be credited to the employer’s balance. I f the workman
suffering such permanent total disability has a boy or boys under 16 years of
age, or girls under 18 years of age, the guardian of such child or children,
appointed as hereinafter provided, shall receive for the use and benefit of said
child or children a lump sum of $120 per year for each boy under 16 years
until the time when each o f said boys shall become 16 years of age, and a
lump sum of $120 per year for each girl under 18 years of age until the time
when each of said girls shall become 18 years of age: Provided, That the
aggregate lump sum paid to said guardian shall in no case exceed $4,000, and
any and all awards made on account of any such child or children, shall be
disbursed under a proper guardianship to be created by the court or judge
making such award.
( o)
“ Temporary total disability” means an injury which though it may
result, or does result in a permanent total or partial disability, temporarily in
capacitates the injured person from performing any work at any gainful occupa
tion for the time, but from which injury such person may recover by medical or
surgical treatment and be able to resume work. In such case, if the workman
be unmarried at the time of the injury he shall receive the sum o f $50 per
month, so long as the total disability shall continue. If he have a wife with
TEXT OF LAW S---- W YO M ING
197
whom he is living at the time of the injury, he shall receive $60 per month, and
if he have boys under 16 years of age or girls under 18 years of age, or both,
he shall receive for each $7.50 per month, but the total monthly payments
shall not exceed $90 per month. No compensation except the expense of
medical attention shall be allowed for the first 7 days of disability, unless the
incapacity extends beyond the period o f 21 days, in which case the compensation
shall run from the time of the injury. As soon as recovery is so complete that
the earning power of the workman at any kind of work is restored, the payments
shall cease, but in no case shall the total payments made in such cases exceed
in the aggregate the lump sum amount herein specified to be paid an injured
workman for injuries causing permanent total disability. When the workman
has nonresident alien children he shall receive only one-third of the sum above
fixed for boys under 16 years of age and girls under 18 years o f age.
(d)
In all cases of temporary total disability, permanent partial disability
and permanent total disability, the expense of medical attention and of care
in hospital of the injured workman shall be paid from date of said injury, the
expense of medical treatment not to exceed $150 in any case and the expense of
care in hospital not to exceed $150 in any case, unless under general arrangement
the workman is entitled to medical attention and care in hospital, or the employer
furnishes adequate and proper medical attention and hospital facilities to his
employees: Provided, however, That no bill or fee for medical attention or care
in hospital shall be allowed or paid without notice to the employer and a
hearing if requested by said employer. The State treasurer shall have the
power to establish a schedule fixing the fees for which all medical, surgical,
hospital or other legalized forms of treatment rendered to employees under
this section shall be compensated. Each physician or surgeon attending a
workman injured while engaged in extrahazardous occupation shall file with
the clerk of the court o f the county within which such injury occurred and
with the State treasurer under rules to be prescribed by the State treasurer a
full and complete report fully describing the nature of the injuries to such
workman: Provided, That such report shall not be required unless the disability
resulting from such injury lasts through the day or the injury requires medical
services other than the ordinary first aid treatment. Any physician or surgeon
failing to file any report as herein provided shall be punishable by a fine of not
more than $50. Where death results from' an injury the expense of burial
shall be paid not to exceed $150 in any case, unless other arrangements exist
between employer and employees under agreement.
(1)
But if the workman leaves a widow or invalid widower, to whom she
or he has been regularly married by a marriage duly solemnized by a legal
ceremony, such surviving spouse shall receive the sum of $2,000, but in every
such case the said award shall be paid in monthly installments at the rate
of $45 per m onth; Provided, however, That the court making such award may
upon application and hearing, with notice to the employer and a showing of
the necessity therefor, order all or any part of the unpaid balance of the award
to be paid to the surviving spouse as a lump sum. I f the surviving spouse shall
remarry before all o f said award has been paid, then he or she shall only be
entitled to receive the sum o f $270 out of the unpaid balance of said award,
and further payments shall cease, and any balance of the award shall return
to the general fund and the same shall be credited to the employer’s balance;
if the surviving spouse shall die before all o f said award has been paid then
further payments shall cease and any balance of the award shall return to
the general fund and the same shall be credited to the employer’s balance:
Provided, further, That if it be shown that the surviving spouse willfully de
serted deceased without fault upon the part of the deceased, such surviving
spouse shall not be regarded as a dependent in any degree, but in such case
the right of boys under 16 years of age and girls under 18 years of age to
compensation shall not be defeated. I f said workman leaves a surviving boy
or boys under 16 years of age or girl or girls under 18 years of age, the guardian
of such child or children, appointed as hereinafter provided, shall receive for
the use and benefit of said child or children, a lump sum' of $120 per year
for each surviving boy under 16 years of age until the time when each of said
surviving boys shall become 16 years of age, and a lump sum of $120 per year
for each surviving girl under 18 years of age until the time when each of said
surviving girls shall become 18 years of age: Provided, That the aggregate lump
sum paid to said guardian shall in no case exceed $3,600. In all cases wrhere
an order o f compensation is made on account of boys under 16 years of age,
or girls under 18 years o f age, or both, or to persons incompetent, said fund
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PART y . TEXT OF LAWS, UNITED STATES, 1 9 2 7 -2 8
shall be disbursed under a proper guardianship to be created by the court or
judge making such an order.
(2) I f the injured workman die during the period o f temporary total disa
bility and after receiving compensation therefor, as herein provided, and his
death be shown to have resulted from such injuries, the widow and the guardian
of the workman’s boys under 16 years of age and girls under 18 years of age
shall be entitled to an award because of the death of the workman as herein
provided, but the total amount of payments in excess of $2,400 received by
the injured workman during such disability and prior to his death shall be
proportionately deducted from the amounts herein provided to be paid to the
surviving widow and the guardian of the workman’s boys under 16 years of age
and girls under 18 years of age.
(3) If any workman die within one year from the date of receiving an award
for permanent partial disability and his death be shown to have resulted from
the injuries for which the award was granted, the widow and the guardian of
the workman’s boys under 16 years of age and girls under 18 years of age
shall be entitled to an award because of the death of the workman as herein
provided, but the amount of the payments received by the injured workman
prior to his death shall be proportionately deducted from the amounts herein
provided to be paid to the surviving widow and the guardian of the workman’s
boys under 16 years of age and girls under 18 years of age.
(4) If any workman die within two years from the date of receiving an
award for permanent total disability and his death be shown to have resulted
from his injuries, the widow of said workman shall be entitled to an award
because of the death of the workman as herein provided, but the amount of the
payments received by the injured workman in excess of $2,000 prior to his death
shall be deducted from the amount of her award.
(5) If the workman leaves no widow, or widower or boy under the age
of 16 years, or girl under the age of 18 years, but leaves a parent or parents
surviving, such surviving parent or parents shall receive a lump sum of $1,000;
Provided, A parent or parents who are nonresident aliens shall receive a lump
sum of one-third of $1,000.
[Section 4344, O. S. 1920, was amended by chapter 111, Acts of 1927, to read as
follow s: ]
Sec. 4344. Examination by State treasurer.— That State treasurer may at any
time on 24 hours’ notice (unless such notice is waived by the employer) either
in person or through any authorized inspector, agent or deputy, examine the
books, accounts or pay rolls of any employer at any time for the purpose o f
securing any information desired in the administration of this act.
Supplemental L aw
[Section 14, chapter 60, Acts o f 1923 (as amended 1925, ch. 124), was further
amended by chapter 111, Acts of 1927, to read as follow s: ]
Sec. 14. Reopening of cases.—The State treasurer shall have the right to
cause any case to be reopened in which an order of award has been made, pro
vided he shall cause a petition for the reopening of the case to be filed with
the court which granted the award, within 30 days after the date on which
the order of award was received in the State treasurer’s! office. Such petition
must show probable cause that error was made in the amount of the award
or the character of the award or the grounds on which the award was made,
and may specify as a reason for reopening the case existing evidence not given
in the original hearing, showing the general nature and effect o f such evidence^
On the filing of such a petition and on the court finding that probable cause is
shown thereby, the court shall stay the award, and upon reasonable notice
to all parties reopen the case and set the same for hearing de novo. The State
treasurer may take such part in the new hearing as he may deem advisable
and shall have every right and privilege of a party to the cause. He shall
have the right of appeal to the supreme court from any order in such new
hearing, either granting an award or refusing to grant an award. He shall
also have a right of appeal from an order refusing to reopen a case.
In addition and without the necessity of presenting any petition for the
reopening of a case to the trial court, the State treasurer shall have the right to
appeal to the supreme court from any order or judgment in any district court
of the State awarding compensation or declining to award compensation
although he was not a party to the proceedings in such district court. Upon
TEXT OF LAWS---- W YO M ING
199
the perfecting of any appeal instituted by the State treasurer the court allow
ing the appeal shall issue an order staying* the execution of thei order or judg
ment appealed from without requiring any bond. The attorney general or
hisi deputy or assistant shall act as the attorney of the State treasurer in all
cases. All costs of new hearings granted upon the petition of the State treasurer
and all costs of appeals conducted by the State treasurer shall be paid by the
industrial accident fund, except such costs as the court in its discretion shall
assess against any of the other parties to the cause.
[Section 8, chapter 111, Acts of 1927, provides as follow s:]
Sec. 8. Deferred payment account.— Whenever an order of award shall specify
that the award is to be paid in monthly payments the State treasurer shall
charge the amount thereof against the account of the employer o f the injured
workman and shall transfer the amount of said award from the general fund
into a deferred payment account, which account shall thereafter be alone liable
for the payment of the award. Interest earned by the deferred payment ac
count shall be paid into the general fund, as well as all amounts repaid or
returned to said general fund under the provisions of this act or by reason
of modification of orders of award. Whenever a modification of an order of
award increases the amount of the award the additional amount shall be
charged against the employer’s account and transferred from the general
fund into the deferred payment account, and whenever a modification of an
order of award decreases the amount of the award the amount o f such decrease
shall be transferred from the deferred payment account to the general fund and
credited to the account of the employer.
UNITED STATES
CIVIL EMPLOYEES
[Sections 6, 10 (H ) and (K ) and 11, Acts of 1915-16, were amended by
acts of Sixty-ninth Congress, second session, ch. 110 (44 Stat. 1086), to read
as follow s: ]
Seo. 6. That the monthly compensation for total disability shall not be more
than $116.66, nor less than $58.33, unless the employee’s monthly pay is less
than $58.33, in which case his monthly compensation shall be the full amount
of his monthly pay. The monthly compensation for partial disability shall not
be more than $116.66. In the case of persons who at the time of the injury
were minors or employed in a learner’s capacity and who were not physically
or mentally defective the commission shall, on any review after the time when
the monthly wage-earning capacity of such persons would probably, but for
the injury, have increased, award compensation based on such probable monthly
wage-earning capacity. The commission may, on any review after the time
wrhen the monthly wage-earning capacity of the disabled employee would prob
ably, irrespective of the injury, have decreased on account of old age, award
compensation based on such probable monthly wage-earning capacity.
Sec. 10 (H ). As used in this section, the term ‘‘ ch ild ” includes stepchildren,
adopted children, and posthumous children, but does not include married chil
dren. 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 or married sisters. All of the above terms and the
term “ grandchild ” include only persons wiio at the time o f the death of the
deceased employee are under 18 years o f age or over that age and incapable
of self-support. The term “ parent ” includes step-parents and parents by
adoption. The term “ widow ” includes only the decedent’s wife living with
or dependent for support upon him at time of his death or living apart for
reasonable cause or by reason of his desertion.
Sec. 10_^(K). In computing compensation under this section the monthly pay
shall be considered not to be more than $175 nor less than $87.50, but the total
monthly compensation shall not exceed the monthly pay computed as provided
in section 12.
Sec. 11. That if death results from the injury within six years the United
States shall pay to the personal representative of the deceased employee funeral
and burial expenses not to exceed $200, in the discretion of the commission. In
the case of an employee whose home is within the United States, if his death
occurs away from his home office or outside of the United States, and if so
desired by his relatives,, the body shall, in the discretion of the commission, be
embalmed and transported in a hermetically sealed casket to the home o f the
employee. Such funeral and burial expenses shall not be paid and such trans
portation shall not be furnished where the death takes place more than one
year after the cessation o f disability resulting from such injury or, if there
has been no disability preceding death, more than one year after the injury.
LONGSHOREMEN AND HARBOR W ORKERS
ACTS OF SIXTY-NINTH CONGRESS (SECOND SESSION, 1926-27)
(44 Stat. 1424)
Chapter 509.— Compensation for disability or death resulting from injury to
employee4 in certain maritime employments
Section 1— Title.—This act may be cited as “ Longshoremen’s and harbor
workers’ compensation act.”
Sec. 2 1— Definitions.— When used in this act—
(1)
The term “ person ” means individual, partnership, corporation, or
association.
1 In its application to District of Columbia employments this section must be read in
conjunction with the act of the Seventieth Congress, first session, 1928 (45 Stat. 600),
extending itsi provisions to the District of Columbia.
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TEXT OF LAW S---- LONGSHOREMEN AND HARBOR WORKERS
201
(2) The term “ injury ” means accidental injury or death arising out of
and in the course o f employment, and such occupational disease or infection
as arises naturally out of such employment or as naturally or unavoidably
results from such accidental injury, and includes an injury caused by the
willful act o f a third person directed against an employee because of his
employment.
(3) The term “ employee” does not include a master or member o f a crew
of any vessel, nor any person engaged by the master to load or unload or repair
any small vessel under 18 tons net.
(4) The term “ employer” means an employer any of whose employees are
employed in maritime employment, in whole or in part, upon the navigable
waters of the United States (including any dry dock).
(5) The term “ carrier” means any person or fund authorized under section
32 to insure under this act and includes self-insurers.
(6) The term “ commission” means the United States Employees’ Compen
sation Commission.
(T) The term “ deputy commissioner” means the deputy commissioner hav
ing jurisdiction in respect o f an injury or death.
(8) The term “ State” includes a Territory and the District of Columbia.
(9) The term “ United States” when used in a geographical sense means
the several States and Territories and the District of Columbia, including the
territorial waters thereof.
(10) “ D isability” means incapacity because of injury to earn the wages
which the employee was receiving at the time o f injury in the same or any
other employment.
(11) “ Death” as a basis for a right to compensation means only death
resulting from an injury.
(12) “ 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.
(13) “ W ages” means the money rate at which the service rendered is
recompensed under the contract o f hiring in force at the time of the injury,
including the reasonable value of board, rent, housing, lodging, or similar ad
vantage! received from the employer, and gratuities received in the course of
employment from others than the employer.
(14) “ Child” shall include a posthumous child, a child legally adopted prior
to the injury o f the employee, and a stepchild or acknowledged illegitimate child
dependent upon the deceased, but does not include married children unless wholly
dependent on him. “ Grandchild ” means a child as above defined of a child as
above defined. “ Brother ” and “ sister ” include! stepbrothers and stepsisters,
half brothers and half sisters, and brothers and sisters by adoption, but does
not include married brothers nor married sisters unless wholly dependent on
the employee.
“ Child,” “ grandchild,” “ brother,” and “ sister ” include only
persons who at the time o f the death of the deceased employee are under 18 years
of age.
(15) The term “ parent” includes step-parents and parents by adoption,
parents-in-law, and any person who for more than three years prior to the
death of the deceased employee stood in the place of a parent to him, if depend
ent on the injured employee.
(16) The term “ widow ” includes only the decedent’s wife living with or
dependent for support upon him at the time of his death; or living apart for
justifiable cause or by reason of his desertion at such time.
(17) The term “ widower” includes only the decedent’s husband who at the
time of her death lived with her and was dependent for support upon her.
(18) The terms “ adoption” or “ adopted” mean legal adoption prior to the
time of the injury.
(19) The singular includes the plural and the masculine includes the feminine
and neuter.
Sec. 3.2 Compensation payable, when.— (a) Compensation shall be payable un
der this act in respect of disability or death of an employee, but only if the dis
ability or death results from an injury occurring upon the navigable waters o f
the United States (including any dry dock) and if recovery for the disability or
2 In its application to District of Columbia employments this section must be read in
conjunction with the act of the Seventieth Congress, first session, 1928 (45‘ Stat. 600),
extending its provisions to the District of Columbia.
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PART Y . TEXT OE LA W S, UNITED STATES, 1 9 2 7 - 2 8
death through workmen’s compensation proceedings may not validly be provided
by State law. No compensation shall be payable in respect o f the disability
or death of—
(1) A master or member of a crew of any vessel, nor any person engaged by
the master to load or unload or repair any small vessel under 18 tons n et; or
(2) An officer or employee of the United States or any agency thereof or of
any State or foreign government, or of any political subdivision thereof.
(b)
No compensation shall be payable if the injury was occasioned solely
by the intoxication of the employee or by the willful intention of the employee
to injure or kill himself or another.
Sec. 4. Contractors.— (a) Every employer shall be liable for and shall secure
the payment to his employees of the compensation payable under sections 7, 8,
and 9. In the case of an employer who is; a subcontractor, the contractor shall
be liable for and shall secure the payment of such compensation to- employees
of the subcontractor unless the subcontractor has secured, such payment.
(b)
Compensation shall be payable irrespective of fault as a cause for the
injury.
Sec. 5., Exclusiveness of liability.—-The liability of an employer prescribed in
section 4 shall be exclusive and in place of all other liability of such employer
to the employee, his legal representative, husband or wife, parents, dependents,
next of kin, and anyone otherwise entitled to recover damages from such em
ployer at law or in admiralty on account of such injury or death, except that
if an employer fails to secure payment of compensation as required by this act,
an injured employee, or hisi legal representative in case death results from the
injury, may elect to claim compensation under this act, or to maintain an action
at law or in admiralty for damages on account of such injury or death. In such
action the defendant may not plead as a defense that the injury was caused
by the negligence of a fellow servant, nor that the employee assumed the risk
of his employment, nor that the injury was due to the contributory negligence
of the employee.
Sec. 6. Waiting time.— (a) No compensation shall be allowed for the first
seven days of the disability, except the benefits provided for in section 7: Pro
vided, however, That in case the injury results in disability for more than 49
days, the compensation shall be allowed from the date of the disability.
( b)
Compensation for disability shall not exceed $25 per week nor be less than
$8 per week: Provided, hoioever, That if the employee’s wages at the time of
injury are less than $8 per week he shall receive his full weekly wages.
Sec. 7. Medical, etc., aid.— (a) The employer shall furnish such medical, surgi
cal, and other attendance or treatment, nurse and hospital service, medicine,
crutches, and apparatus for such period as the nature of the injury or the process
of recovery may require. I f the employer fails to provide the same, after request
by the injured employee, such 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 services unless he shall have requested the em
ployer to furnish the same and the employer shall have refused or neglected to
do so, or unless the nature o f the injury required such treatment and services
and the employer or his superintendent or foreman having knowledge o f such
injury shall have neglected to provide the same; nor shall any claim for medical
or surgical treatment be valid and enforceable, as against such employer, unless
within 20 days following the first treatment the physician giving such treat
ment furnish to the employer and the deputy commissioner a report o f such
injury and treatment, on a form prescribed by the commission.
(b) Whenever in the opinion of the deputy commissioner a physician has not
impartially estimated the degree o f permanent disability or the extent of tempo
rary disability o f any injured employee, the deputy commissioner shall have
the power to cause such employee to be examined by a physician selected by
the deputy commissioner and to obtain from such physician a report containing
his estimate of such disabilities. I f the report of such physician shows that the
estimate of the physician has not been impartial from the standpoint o f such
employee, the deputy commissioner shall have the power in his discretion to
charge the cost of such examination to the employer, if he is a .self-insurer, or
to the insurance company which is carrying the risk.
(c) All fees and other charges for such treatment or service shall be limited
to such charges as prevail in the same community for similar treatment of
injured persons of like standard of living, and shall be subject to regulation by
the deputy commissioner.
TEXT OF LAW S---- LONGSHOREMEN AND HARBOR WORKERS
203
Sec. 8. Compensation— Total and partial disability.— Compensation for dis
ability shall be paid to the employee as follow s:
(а) Permanent total disability: In case of total disability adjudged to be
permanent 66% per centum of the average weekly wages shall be paid to the
employee during the continuance of such total disability. Loss o f both hands,
or both arms, or both feet, or both legs or both eyes, or of any two thereof
shall, in the absence o f conclusive proof to the contrary, constitute permanent
total disability. In all other cases permanent total disability shall be deter
mined in accordance with the facts.
(&) Temporary total disability: In case of disability total in character but
temporary in quality 66% per centum of the average weekly wages shall be paid
to the employee during the continuance thereof.
(c)
Permanent partial disability: In case of disability partial in character
but permanent in quality the compensation shall be 6*6% per centum o f the
average weekly wages, and shall be paid to the employee, as follow s:
(1) Arm lost, 312 weeks’ compensation.
(2) Leg lost, 288 weeks’ compensation.
(3) Hand lost, 244 weeks’ compensation.
(4) Foot lost, 205 weeks’ compensation.
(5) Eye lost, 160 weeks’ compensation.
(б) Thumb lost, 75 weeks’ compensation.
(7) First finger lost, 46 weeks’ compensation.,
(8) Great toe lost, 38 weeks’ compensation.
(9) Second finger lost, 30 weeks’ compensation.
(10) Third finger lost, 25 weeks’ compensation.
(11) Toe other than great toe lost, 16 weeks’ compensation.
(12) Fourth finger lost, 15 weeks’ compensation.
(13) Loss of hearing: Compensation for loss o f hearing of one ear, 52 weeks.
Compensation fo r loss o f hearing o f both ears, 200 weeks'.
(14) Phalanges: Compensation for loss of more than one phalange of a
digit shall be the same as for loss of the entire digit. Compensation for loss
of the first phalange shall be one-half o f the compensation for loss of the entire
digit.
(15) Amputated arm or leg: Compensation for an arm or a leg, if amputated
at or above the elbow or the knee, shall be the same as for a loss of the arm or
leg; but, if amputated between the elbow and the wrist or the knee and the
ankle, shall be the same as for loss of a hand or foot.
(16) Binocular vision or per centum of vision: Compensation fo r loss of
binocular vision or for 80 per centum or more of the vision of an eye shall be
the same as for loss o f the eye.
(17) Two or more digits: Compensation for loss o f two or more digits, or
one or more phalanges of twTo or more digits, of a hand or foot may be pro
portioned to the loss o f use of the hand or foot occasioned thereby, but shall not
exceed the compensation for loss o f a hand or foot.
(18) Total loss of use: Compensation for permanent total loss o f use of a
member shall be the same as for loss of the member.
(19) Partial loss or partial loss of use: Compensation for permanent partial
loss or loss o f use of a member may be for proportionate loss or loss of use
o f the member.
(20) Disfigurement: The deputy commissioner shall award proper and
equitable compensation for serious facial or head disfigurement, not to exceed
$3,500.
(21) Other cases: In all other cases in this class of disability the compensa
tion shall be 66% per centum o f the difference between his average weekly
wages and his wage-earning capacity thereafter in the same employment or
otherwise, payable during the continuance of such partial disability, but subject
to reconsideration of the degree of such impairment by the deputy commissioner
on his own motion or upon application of any party in interest.
(22) In case of temporary total disability and permanent partial disability,
both resulting from the same injury, if the temporary total disability continues
for a longer period than the number of weeks set forth in the following schedule,
the period of temporary total disability in excess of such number of weeks shall
be added to the compensation period provided in subdivision (c) of this section:
Arm, 32 weeks; leg, 40 weeks; hand, 32 weeks; foot, 32 weeks; eye, 20 weeks;
thumb, 24 weeks; first finger, 18 weeks; great toe, 12 weeks; second finger, 12
46675°— 29------ 14
204
PART Y . TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
weeks; third finger, 8 weeks; fourth finger, 8 weeks; toe other than great toe,
8 weeks.
In any case resulting in loss or partial loss o f use of arm, leg, hand, foot,
eye, thumb, finger, or toe, where the temporary total disability does not extend
beyond the periods above mentioned for such injury, compensation shall be
limited to the schedule contained in subdivision (c ).
{d) Any compensation to which any claimant would be entitled under sub
division (c) excepting subdivision (o -21) shall, notwithstanding death arising
from causes other than the injury, be payable to and for the benefit of the
persons follow ing:
(1) I f there be a surviving wife or dependent husband and no child of
the deceased under the age of 18 years, to such wife or dependent husband.
(2) I f there be a surviving wife or dependent husband and surviving child
or children of the deceased under the age o f 18 years, one-half shall be payable
to the surviving wife or dependent husband and the other half to the surviving
child or children.
(3) The deputy commissioner may in his discretion require the appointment
of a guardian for the purpose of receiving the compensation of the minor child.
In the absence of such a requirement the appointment; for such a purpose shall
not be necessary.
(4) I f there be a surviving child or children o f the deceased under the age of
18 years, but no surviving wife or dependent husband, then to such child or
children.
(5) An award for disability may be made after the death o f the injured
employee.
( e ) Temporary partial disability: In case o f temporary partial disability re
sulting in decrease of earning capacity the compensation shall be two-thirds
o f the difference between the injured employee’s average weekly wages before
the injury and his wage-earning capacity after the injury in the same or an
other employment, to be paid during the continuance o f such disability, but shall
not be paid for a period exceeding five years.
( f ) Injury increasing disability: (1) I f an employee receive an injury
which of itself would only cause permanent partial disability but which, com
bined with a previous disability, does in fact cause permanent total disability,
the employer shall provide compensation only for the disability caused by the
subsequent in ju ry: Provided, however, That in addition to compensation for
such permanent partial disability, and after the cessation of the payments
for the prescribed period of weeks, the employee shall be paid the remainder of
the compensation that would be due for permanent total disability. Such
additional compensation shall be paid out of the special fund established in
section 44.
(2)
In all other cases in which, following a previous disability, an employee
receives an injury wThich is not covered by (1) of this subdivision, the em
ployer shall provide compensation only for the disability caused by the subse
quent injury. In determining compensation for the subsequent injury or for
death resulting therefrom, the average weekly wages shall be such sum as will
reasonably represent the earning capacity of the employee at the time o f the
subsequent injury.
( g ) Maintenance for employees undergoing vocational rehabilitation: Ail
employee who as a result of injury is or may be expected to be totally or par
tially incapacitated for a remunerative occupation and who, under the direction
of the commission as provided by section 39 (c) of this act, is being rendered fit
to engage in a remunerative occupation, shall receive additional compensation
necessary for his maintenance, but such additional compensation shall not
exceed $10 a wreek. The expense shall be paid out of the special fund estab
lished in section 44.
Sec. 9. Death benefits.— If the injury causes death, the compensation shall be
known as a death benefit and shall be payable in the amount and to or for the
benefit of the persons follow ing:
{a) Reasonable funeral expenses not exceeding $200.
(6) If there be a surviving wife or dependent husband and no child of the
deceased under the age of 18 years, to such wife or dependent husband 35 per
cent o f the average wages of the deceased, during widowhood, or dependent
widowerhood with two years’ compensation in one sum upon remarriage; and
if there be a surviving child or children of the deceased under the age of 18
years, the additional amount of 10 per cent o f such wages for each such
child until the age of 18 years; in case of the death or remarriage of such
TEXT OF LAW S---- LONGSHOREMEN AND HARBOR WORKERS
205
surviving wife or dependent husband any surviving child of the deceased
employee, at the time under 18 years of age, shall have his compensation
increased to 15 per cent of such wage, and the same shall be payable until
he shall reach the age of 18 years: Provided, That the total amount payable
'shall in no case exceed 66% per cent of such wages. The deputy commis
sioner having jurisdiction over the claim may, in his discretion, require the
appointment of a guardian for the purpose o f receiving the compensation of a
minor child. In the absence of such a requirement the appointment of a
guardian for such purposes shall not be necessary.
(c) If there be a surviving child or children of the deceased under the age
of 18 years, but no surviving wife or dependent husband, then for the support
o f each such child under the age of 18 years, 15 per cent of the wages o f the
deceased: Provided, That the aggregate shall in no case exceed 66% per cent
of such wages.
(d) I f there be no surviving wife or dependent husband or child under the
age of 18 years or if the amount payable to a surviving wife or dependent
husband and to children under the age of 18 years shall be less in the aggre
gate than 66% per cent of the average wages o f the deceased; then for the
support of grandchildren or brothers and sisters under the age of 18 years, if
dependent upon the deceased at the time o f the injury, 15 per cent of such
wages for the support o f each such person until the age o f 18 years and for
the support of each parent, or grandparent, of the deceased if dependent upon
him at the time o f the injury, 25 per cent of such wages during such de
pendency. But in no case shall the aggregate amount payable under this
subdivision exceed the difference between 66% per cent of such wages, and
the amount payable as hereinbefore provided to surviving wife or dependent
husband and for the support of surviving child or children.
( e ) In computing death benefits the average weekly wages of the deceased
shall be considered to have been not more than $37.50 nor less than $12, but the
total weekly compensation shall not exceed the weekly wages of the deceased.
(f) All questions o f dependency shall be determined as of the time of the
injury.
(g) Aliens: Compensation under this chapter to aliens not residents (or
about to become nonresidents) of the United States or Canada shall be the
same in amount as provided for residents, except that dependents in any foreign
country shall be limited to the surviving wife and child or children, or if there
be no surviving wife or child or children, to surviving father or mother whom
the employee has supported, either wholly or in part, for the period o f one
year prior to the date of the injury, and except that the commission may,
at its option or upon the application o f the insurance carrier shall, commute
all future installments of compensation to be paid to such aliens by paying or
causing to be paid to them one-half of the commuted amount of such future
installments of compensation as determined by the commission.
Seo. 10. Basis for computing compensation.— Except as otherwise provided
in this act, the average weekly wage of the injured employee at the time of the
injury shall be taken as the basis upon which to compute compensation and shall
be determined as follow s:
(а) I f the injured employee shall have worked in the employment in which
he was working at the time of the injury, whether for the same or another
employer, during substantially the whole of the year immediately preceding his
injury, his average annual earnings shall consist of 300 times the average
daily wage or salary which he shall have earned in such employment during
the days when so employed.
(б ) I f the injured employee shall not have worked in such employment dur
ing substantially the whole of such year, his average annual earnings shall
consist o f 300 times the average daily wage or salary which an employee of
the same class! working substantially the whole of such immediately preceding
year in the same or in similar employment in the same or a neighboring place
shall have earned in such employment during the days when so employed.
(c)
If either of the foregoing methods of arriving at the annual average
earnings of an injured employee can not reasonably and fairly be applied, such
annual earnings shall be 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 neighbor
ing locality, shall reasonably represent the annual earning capacity o f the
injured employee in the employment in which he was working at the time
o f the injury.
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PART V. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
( d ) The average weekly wages of an employee shall be one fifty-second
part of his average annual earnings.
( e ) If it be established that the injured employee was a minor when injured,
and that under normal conditions his wages should be expected to increase
during the period of disability the fact may be considered in arriving at his
average weekly wages.
Sec. 11. Appointment of guardian.— The deputy commissioner may require
the appointment by a court of competent jurisdiction, for any person who is
mentally incompetent or a minor, of a guardian or other representative to re
ceive compensation payable to such person under this act and to exercise the
powers granted to or to perform the duties required o f such person under
this act.
Seo. 12. Notice of injury or death.— (a) Notice of an injury or death in
respect of which compensation is payable under this act shall be given within
30 days after the date of such injury or death (1) to the deputy commissioner
in the compensation district iri which such injury o c c u r r e d and (2) to the
employer.
( b) Such notice shall be in writing, shall contain the name and address of
the employee and a statement of the time, place, nature, and cause of the injury
or death, and shall be signed by the employee or by some person on his behalf,
or in case of death, by any person claiming to be entitled to compensation for
such death or by a person on his behalf.
(c) Notice shall be given to the deputy commissioner by delivering it to- him
or sending it by mail addressed to his office, and to the employer by delivering
it to him or by sending it by mail addressed to him at his last known place of
business. I f the employer is a partnership, such notice may be given to any
partner, or if a corporation, such notice may be given to any agent or officer
thereof upon whom legal process may be served or who is in charge of! the
business in the place where the injury occurred.
( d) Failure to give such notice shall not bar any claim under thisi act (1) if
the employer (or his agent in charge of the business in the place where the
injury occurred) or the carrier had knowledge of the injury or death and the
deputy commissioner determines that the employer or carrier has not been
prejudiced by failure to give such notice, or (2) if the deputy commissioner
excuses such failure on the ground that for some satisfactory reason such notice
could not be given; nor unless objection to such failure is raised before the
deputy commissioner at the first hearing of a claim for compensation in respect
of such injury or death.
Seo. 13. Limitation.— (a) The right to compensation for disability under this
act shall be barred unless a claim therefor is filed within one year after the
injury, and the right to compensation for death shall be barred unless a claim
therefor is filed within one year after the death, except that if payment of
compensation has been made without an award on account of such injury or
death a claim may be filed within one year after the date of the last payment.
Such claim shall be filed with the deputy commissioner in the compensation
district in which such injury or such death occurred.
(b) Notwithstanding the provisions of subdivision (a) failure to file a claim
within the period prescribed in such subdivision shall not be a bar to such right
unless objection to such failure is made at the first hearing of such claim in
which all parties in interest are given reasonable notice and opportunity to be
heard.
(c) If a person who is entitled to compensation under this act is mentally
incompetent or a minor, the provisions of subdivision (a) shall not be appli
cable so long as such person has no guardian or other authorized representa
tive, but shall be applicable in the case of a person who is mentally incompetent
or a minor from the date of appointment of such guardian or other representa
tive, or in the case of a minor, if no guardian is appointed before he becomes
of age, from the date he becomes o f age.
(d) Where recovery is denied to any person, in a suit brought at law or in
admirality to recover damages in respect of injury or death, on the ground that
such person was an employee and that the defendant was an employer within
the meaning o f this act and that such employer had secured compensation to
sru.ch employee under this act, the limitation o f time prescribed in subdivision
(a) shall begin to run only from the date of termination of such suit.
Sec. 14. Payment of compensation.— (a) Compensation under this act shall
be paid periodically, promptly, and directly to the person entitled thereto,
TEXT OF LAW S---- LONGSHOREMEN AND HARBOR WORKERS
207
without an award, except where liability to pay compensation is controverted
by the employer.
(6)
The first installment of compensation shall become due on the fourteenth
day after the employer has knowledge o f the injury or death, on which date
all compensation then due shall be paid. Thereafter compensation shall be paid
in installments, semimonthly, except where the deputy commissioner determines
that payment in installments should be made monthly or at some other period.
(e)
Upon making the first payment, and upon suspension of payment for
any cause, the employer shall immediately notify the deputy commissioner, in
accordance with a form prescribed by the commission, that payment of com
pensation has begun or has been suspended, as the case may be.
(d) I f the employer controverts the right to compensation he shall file with
the deputy commissioner on or before the fourteenth day after he has
knowledge of the alleged injury or death, a notice, in accordance with a form
prescribed by the commission, stating that the right to compensation is con
troverted, the name o f the claimant, the name of the employer, the date of the
alleged injury or death, and the grounds upon which the right to compensation
is controverted.
( e ) I f any installment o f compensation payable without an award is not
paid within 14 days after it becomes due, as provided in subdivision (&) of
this section, there shall be added to such unpaid installment an amount equal
to 10 per cent thereof, which shall be paid at the same time as, but in
addition to, such installment, unless notice is filed under subdivision (d) of
this section, or unless such nonpayment is excused by the deputy commissioner
after a showing by the employer that owing to conditions over which he had
no control such installment could not be paid within the period prescribed for
the payment.
( / ) I f any compensation, payable under the terms of an award, is not paid
within 10 days after it becomes due, there shall be added to such unpaid
compensation an amount equal to 20 per cent thereof, which shall be paid
at the same time as but in addition to such compensation, unless review of the
compensation order making such award is had as provided in section 21.
(g) Within 16 days after final payment o f compensation has been made, the
employer shall send to the deputy commissioner a notice, in accordance with a
form prescribed by the commission, stating that such final payment has been
made, the total amount o f compensation paid, the name of the employee and of
any other person, to whom compensation has been paid, the date of the injury
or death, and the date to which compensation has been paid. If the employer
fails: to so notify the deputy commissioner within such time the commission shall
assess against such employer a civil penalty in the amount o f $100.
( h ) The deputy commissioner (1) may upon his own initiative at any time in
a case in which payments are being made without an award, and (2) shall in
any case where right to compensation is controverted, or where payments of
compensation have been stopped or suspended, upon receipt of notice from any
person entitled to compensation, or fromj the employer, that the right to com
pensation is controverted, or that payments of compensation have been stopped
or suspended, make such investigations, cause such medical examinations to be
made, or hold such hearings, and take such further action as he considers will
properly protect the rights) of all parties.
(i) Whenever the deputy' commissioner deems it advisable he may require any
employer to make a deposit with the Treasurer of the United States to secure
the prompt and convenient payment o f such compensation, and payments there
from upon any awards shall be made upon order of the deputy commissioner.
(j) Whenever the deputy commissioner determines that it is for the best
interests of a person entitled to compensation, the liability of the employer for
such compensation may be discharged by the payment of a lump sum equal to
the present value of all future payments of compensation computed at 4 per
cent true discount compounded annually. The, probability of the death of the
injured employee or other person entitled to compensation before the expiration
of the period during which he is entitled to compensation shall be determined in
accordance with the American Experience Table of Mortality. The probability
of the happening of any other contingency affecting the) amount or duration of
the compensation shall be disregarded.
( k ) If the employer has made advance payments of compensation, he shall be
entitled to be reimbursed out of any unpaid installment or installments o f com
pensation due.
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PART Y. TEXT OF LA W S, UNITED STATES, 19 2 7 - 2 8
(I)
An injured employee, or in case o f death his; dependents or personal
representative, shall give receipts for payment o f compensation to the employer
paying the same and such employer shall produce* the same for inspection by
the deputy commissioner, whenever required.
(m) The total compensation payable under this act for injury or death shall
in no event exceed the sum of $7,500,
Seo. 15. Invalid agreements.— (a) No agreement by an employee to pay any
portion of premium paid by his employer to a carrier or to contribute to a benefit
fund or department maintained by such employer for the purpose of providing
compensation or medical services and supplies as required by this act shall be
valid, and any employer who makes a deduction for such purpose from the pay
of any employee entitled to the benefits of this act shall be guilty o f a mis
demeanor and upon conviction thereof shall be punished by a fine o f not more
than $1,000.
(&) No agreement by an employee to waive his right to compensation under
this act shall be valid.
Seo. 16. Assignments, etc.— No assignment, release, or commutation o f com
pensation or benefits due or payable under this act, except as provided by this
act, shall be valid, and such compensation and benefits shall be exempt from all
claims of creditors and from levy, execution, and attachment or other remedy
for recovery or collection of a debt, which exemption may not be waived.
Sec. 17. Preferences.— Compensation shall have the same preference o f lien
against the assets of the carrier or employer without limit of amount as is now
or may hereafter be allowed by law to the claimant for unpaid wages or other
wise.
Sec. 18. Default in payments.—In case of default by the employer in the pay
ment of compensation due under any award o f compensation for a period o f
30 days after the compensation is due and payable, the person to whom such
compensation is payable may, within one year after such default, make appli
cation to the deputy commissioner making the compensation order or a supple
mentary order declaring the amount of the default. After investigation, notice,
and hearing, as provided in section 19, the deputy commissioner shall make a
supplementary order, declaring the amount o f the default, which shall be filed in
the same manner as the compensation order. In case the payment in default
is an installment of the award, the deputy commissioner may, in his discre
tion, declare the whole of the award as the amount in default. The applicant
may file a certified copy of such supplementary order with the clerk o f the
Federal district court for the judicial district in which the employer has his
principal place of business or maintains an office, or for the judicial district in
which the injury occurred. In case such principal place of business or office
or place where the injury occurred is in the District of Columbia, a copy o f
such supplementary order may be filed with the clerk o f the Supreme Court o f
the District of Columbia. Sucli supplementary order of the deputy commissioner
shall be final, and the court shall upon the filing of the copy enter judgment
for the amount declared in default by the supplementary order if such supple
mentary order is in accordance with law. Review of the judgment so entered
may be had as in civil suits, for damages at common law. Final proceedings
to execute the judgment may be had by writ o f execution in the form used by
the court in suits at common law in actions of assumpsit. No fee shall be
required for filing the supplementary order nor for entry of judgment thereon,
and the applicant shall not be liable for costs in a proceeding for review o f the
judgment unless the court shall otherwise direct. The court shall modify such
judgment to conform to any later compensation order upon presentation o f a
certified copy thereof to the court.
Sec. 19. Procedure.— (a) Subject to the provisions of section 13 a claim for
compensation may be filed with the deputy commissioner in accordance with
regulations prescribed by the commission at any time after the first seven
days of disability following any injury, or at any time after death, and the
deputy commissioner shall have full power and authority to hear and determine
all questions in respect of such claim.
(6)
Within 10 days after such claim is filed the deputy commissioner, in
accordance with regulations prescribed by the commission, shall notify the
employer and any other person (other than the claimant), whom the deputy
commissioner considers an interested party, that a claim has been filed. Such
notice may be served personally upon the employer or other person, or sent to
such employer or person by registered mail.
TEXT OF LAW S---- LONGSHOREMEN AND HARBOR WORKERS
209
(c)
The deputy commissioner shall make or cause to be made such investiga
tions as he considers necessary in respect of the claim, and upon application of
any interested party shall order a hearing thereon. If a hearing on such claim
is ordered the deputy commissioner shall give the claimant and other interested
parties at least 10 days’ notice of such hearing, served personally upon the
claimant and other interested parties or sent to such claimant and other
interested parties by registered mail, and shall within 20 days after such
hearing is had, by order, reject the claim or make an award in respect of the
claim. If no hearing is ordered within 20 days after notice is given as provided
in subdivision (&), the deputy commissioner shall, by order, reject the claim or
make an award in respect o f the claim.
{d) At such hearing the claimant and the employer may each present evi
dence in respect of such claim and may be represented by any person authorized
in waiting for such purpose.
( e ) The order rejecting the claim or making the award (referred to in this
act as a compensation order) shall be filed in the office of the deputy commis
sioner, and a copy thereof shall be sent by registered mail to the claimant and
to the employer at the last known address of each.
( f ) An award of compensation for disability may be made after the death of
an injured employee.
(ff) After a compensation order has issued in any case the deputy commis
sioner may transfer such case to any other deputy commissioner for the purpose
of taking testimony or making physical examinations.
(h)
An injured employee claiming or entitled to compensation shall submit
to such physical examination by a medical officer of the United States or by a
duly qualified physician designated or approved by the commission as the deputy
commissioner may require. The place or places shall be reasonably convenient
for the employee. Such physician or physicians as the employee, employer, or
carrier may select and pay for may participate in an examination if the
employee, employer, or carrier so requests. Proceedings shall be suspended and
no compensation be payable for any period during which the employee may
refuse to submit to examination.
Seo. 20. Presumptions.— In any proceeding for the enforcement of a claim for
compensation under this act it shall be presumed, in the absence o f substantial
evidence to the contrary—
(a) That the claim comes within the provisions o f thisi act.
(b) That sufficient, notice o f such claim has been given.
(c?) That thei injury was not occasioned solely by the intoxication of the in
jured employee.
{d) That the injury was not occasioned by the willful intention of the in
jured employee to injure or kill himself or another.
Seo. 21. Review of compensation orders.— (a) A compensation order shall
become effective when filed in the office o f the deputy commissioner as provided
in section 19, and, unlessi proceedings fo r the suspension or setting aside o f
such order are instituted as provided in subdivision (6) o f this section, shall
become final at the expiration o f the thirtieth day thereafter.
(b) I f not in accordance with law, a compensation order may be suspended
or set aside, in whole or in part, through injunction proceedings, mandatory or
otherwise, brought by any party in interest against the deputy commissioner
making the order, and instituted in the Federal district court for the judicial
district in which the injury occurred (or in the Supreme Court of the District
of Columbia if the injury occurred in the District). The orders, writs, and
processes of the court in such proceedings may run, be served, and be re
turnable anywhere in the United States. The payment of the amounts required
by an award shall not be stayed pending final decision in any such proceeding
unless upon application for1 an interlocutory injunction the court, on hearing,
after not less than three days’ notice to the parties in interest and the deputy
commissioner, allows1 the stay of such payments, in whole or in part, where
irreparable damage would otherwise ensue to the employer. The order o f the
court allowing any such stay shall contain a specific finding, based upon evi
dence submitted to the court and identified by reference thereto1, that such
irreparable damage would result to* the employer, and specifiying the nature
o f the damage.
(c) I f any employer or his officers or agents fails to comply with a compensa
tion order making an award that has become final, any beneficiary of such
award or the deputy commissioner making the order, may apply for the en
forcement of the order to the Federal district court for the judicial district
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PART V. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
in which the injury occurred (or to the Supreme Court of the District of Colum
bia if the injury occurred in the D istrict). I f the court determines! that the order
was made and served in accordance with law, and that such employer or his
officers or agents have failed to comply therewith, the court, shall enforce
obedience to the order by writ of injunction or by other proper process, man
datory or otherwise, to enjoin upon such person and his officers and agents
compliance with the order.
(d)
Proceedings for suspending, setting aside, or enforcing a compensation
order, whether rejecting a claim or making an award, shall not be instituted
otherwise than as provided in this section and section 18.
Sec. 22.— Modification of awards.— Upon his own initiative, or upon applica
tion of any party in interest, on the ground of a change in conditions, the
deputy commissioner may at any time during the term of an award and
after the compensation order in respect of such award has become final,
review such order in accordance with the procedure prescribed in respect of
claims in section 19, and in accordance with such section issue a new com
pensation order which may terminate, continue, increase, or decrease such
compensation. Such new order shall not affect any compensation paid under
authority of the prior order.
P
rocedure
Sec. 23. Hearings.— (a) In making an investigation or inquiry or conducting
a hearing the deputy commissioner shall not be bound by common law or
statutory rules of evidence or by technical or formal rules o f procedure, except
as provided by this a c t; but may make such investigation or inquiry or conduct
such hearing in such manner as to best ascertain the rights of the parties.
Declarations of a deceased employee concerning the injury in respect of which
the investigation or inquiry is being made or the hearing conducted shall be
received in evidence and shall, if corroborated by other evidence, be sufficient
to establish the injury.
(&)
Hearings before a deputy commissioner shall be open to the public and
shall be stenographically reported, and the deputy commissioners, subject to
the approval of the commission, are authorized to contract for the reporting of
such hearings. The commission shall by regulation provide for the preparation
of a record of the hearings and other proceedings before the deputy
commissioners.
Sec. 24.— Witnesses.— No person shall be required to attend as a witness in
any proceeding before a deputy commissioner at a place outside of the State of
his residence and more than 100 miles from his place o f residence, unless his
lawful mileage and fee for one day’s attendance shall be first paid or tendered
to h im ; but the testimony of any witness may be taken by deposition or inter
rogatories according to the rules of practice of the Federal district court for the
judicial district in which the case is pending (or of the Supreme Court of the
District of Columbia if the case is pending in the District).
Sec. 25.— Witness fees .—Witnesses summoned in a proceeding before a deputy
commissioner or whose depositions are taken shall receive the same fees and
mileage as witnesses in courts of the United States.
Sec. 26. Frivolous controversies— coasts.— I f the court having jurisdiction of
proceedings in respect of any claim or compensation order determines that the
proceedings in respect of such claim or order have been instituted or continued
without reasonable ground, the costs of such proceedings shall be assessed
against the party who has so instituted or continued such proceedings.
Sec. 27. Powers of deputy commissioners.— (a) The deputy commissioner shall
have power to preserve and enforce order during any such proceedings; to' issue
subpoenas for, to administer oaths to, and to compel the attendance and testi
mony of witnesses, or the production of books, papers, documents, and other
evidence, or the taking of depositions before any designated individual competent
to administer oaths; to examine witnesses; and to do all things conformable to
law which may be necessary to enable him effectively to discharge the duties of
his office.
(6)
I f any person in proceedings before a deputy commissioner disobeys or
resists any lawful order or process, or misbehaves during a hearing or so near
the place thereof as to obstruct the same, or neglects to produce, after having
been ordered to do so, any pertinent book, paper, or document, or refuses to
appear after having been subpoenaed, or upon appearing refuses to take the
oath as a witness, or after having taken the oath refuses to be examined ac
TEXT OF LAW S---- LONGSHOREMEN AND HARBOR WORKERS
211
cording to law, the deputy commissioner shall certify the facts to the district
court having jurisdiction in the place in which he is sitting (or to the Supreme
Court of the District of Columbia if he is sitting in such District) which shall
thereupon in a summary manner hear the evidence as to the acts complained of,
and, if the evidence so warrants, punish such person in the same manner and to
the same extent as for a contempt committed before the court, or commit such
person upon the same conditions as if the doing of the forbidden act had
occurred with reference to the process of or in the presence of the court.
Sec. 28. Fees for s&rvices.— (a) No claim for legal services or for any other
services rendered in respect of a claim or award for compensation, to or on
account of any person, shall be valid unless approved by the deputy commis
sioner, or if proceedings for review of the order of the deputy commissioner in
respect of such claim or award are had before any court, unlessi approved by
such court. Any claim so approved shall, in the manner and to the extent fixed
by the deputy commissioner or such court, be a lien upon such compensation.
(b)
Any person (1) who receives any fee, other consideration, or any
gratuity on account of services so rendered, unless such consideration or
gratuity is approved by the deputy commissioner or such court, or (2;) who
makes it a business to solicit employment for a lawyer or for himself in respect
of any claim or award for compensation, shall be guilty of a misdemeanor, and
upon conviction thereof, shall, for each offense, be punished by a fine of not
more than $1,000' or by imprisonment not to exceed one year, or by both such
fine and imprisonment.
Sec. 29. Records.— Every employer shall keep a record in respect of any in
jury to an employee. Such record shall contain such information o f disease,
other disability, or death in respect of such injury as the commission may by
regulation require, and shall be available to inspection by the commission or
by any State authority at such times and under such conditions, as the com
mission may by regulation prescribe.
Sec. 30. Reports.— (a) Within 10 days from the date of any injury or death
or from the date that the employer has knowledge of a disease or infection in
respect of such injury, the employer shall send to the commission a report
setting forth (1) the name, address, and business of the employer ; (2) the
name, address, and occupation of the employee; (3) the cause and nature of
the injury or death; (4) the year, month, day, and hour when and the par
ticular locality where the injury or death occurred; and (5) such other in
formation as the commission may require. A copy of such report shall be
sent at the same time to the deputy commissioner in the compensation district
in which the injury occurred.
(b)
Additional reports in respect of such injury and o f the condition of
such employee shall be sent by the employer to the commission and to such
deputy commissioner at such times and in such manner as the commission may
prescribe.
(0) Any report provided for in subdivision (a ) or (&) shall not be evidence
o f any fact stated in such report in any proceeding in respect of such injury
or death on account o f which the report is made.
(d) The mailing of any such report and copy in a stamped envelope, within
the time prescribed in subdivisions (a) or (b), to the commission and deputy
commissioner, respectfully, shall be a compliance with this section.
( e ) Any employer who fails or refuses to send any report required of him
by this section shall be subject to a civil penalty not to exceed $500 for each
such failure or refusal.
Sec. 31. Penalty.—Any person who wilfully makes any false or misleading
statement or representation for the purpose of obtaining any benefit or payment
under this act shall be guilty of a misdemeanor and on conviction thereof shall
be punished by a fine of not to exceed $1,000 or by imprisonment of not to
exceed one year, or by both such fine and imprisonment.
Sec. 32. Security.— (a) Every employer shall secure the payment of com
pensation under this act—
(1) By insuring and keeping insured the payment of such compensation with
any stock company or mutual company or association, or with any other person
or fund, while such person or fund is authorized (A ) under the laws of the
United States or of any State, to insure workmen’s compensation, and (B ) by
the commission, to insure payment of compensation under this act; or
(2) By furnishing satisfactory proof to the commission of his financial
ability to pay such compensation and receiving an authorization from the
commission to pay such compensation directly, the commission may, as a
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PART Y . TEXT OF LAW S, UNITED STATES, 19 2 7 - 2 8
condition to such authorization, require such employer to deposit in a depository
designated by the commission either an indemnity bond or securities (at the
option of the employer ) of a kind and in an amount determined by the com
mission, and subject to such conditions as the commission may prescribe, which
shall include authorization to the commission in case of default to sell any
such securities sufficient to pay compensation awards or to bring suit upon such
bonds to procure prompt payment of compensation under this act. Any em
ployer securing compensation in accordance with the provisions o f this para
graph shall be known as a self-insurer.
(&)
In granting authorization to any carrier to insure payment o f compen
sation under this act the commission may take into consideration the recom
mendation of any State authority having supervision over carriers or over
workmen’s compensation, and may authorize any carrier to insure the payment
of compensation under this act in a limited territory. Any marine protection
and indemnity mutual insurance corporation or association, authorized to write
insurance against liability for loss or damage from personal injury and death,
and for other losses and damages, incidental to or in respect of the ownership,
operation, or chartering o f vessels on a mutual assessment plan, shall be
deemed a qualified carrier to insure compensation under this act. The com
mission may suspend or revoke any such authorization for good cause shown
after a hearing at which the carrier shall be entitled to be heard in person
or by counsel and to present evidence. No suspension or revocation shall affect
the liability of any carrier already incurred.
Sec. 33. Liability of third} parties.— ( a) I f on account of a disability or death
for which compensation is payable under this act the person entitled to such
compensation determines that some person other* than the employer is liable
in damages, he may elect, by giving notice to the deputy commissioner in such
manner as the commission may provide, to receive such compensation or to
recover damages against such third person.
(&)
Acceptance of such compensation shall operate as an assignment to the
employer of all right of the person entitled to compensation to recover damages
against such third person, whether or not the person entitled to compensation
has notified the deputy commissioner of his election.
(c) The payment of such compensation into the fund established in section 44
shall operate as an assignment to the employer of all right o f the legal repre
sentative of the deceased (hereinafter referred to as “ representative” ) to
recover damages against such third person, whether or not the representative
has notified the deputy commissioner of his election.
(d) Such employer on account of such assignment may either institute pro
ceedings for the recovery of such damages or may compromise with such third
person either without or after instituting such proceeding.
(e) Any amount recovered by such employer on account o f such assignment,
whether or not as the result of a compromise, shall be disti ibuted as follows :
(1) The employer shall retain an amount equal to—
(A ) The expenses incurred by him in respect of such proceedings or com
promise (including a reasonable attorney’s fee as determined by the deputy
commissioner).
(B ) The cost of all benefits actually furnished by him to the employee under
section 7.
(C) All amounts paid as compensation, and the present value of all amounts
payable as compensation, such present value to be computed in accordance with
a schedule prepared by the commission, and the amounts so computed to be
retained by the employer as a trust fund to pay such compensation as it becomes
due and to pay any sum, in excess of such compensation, to the person entitled
to compensation or to the representative; and
(2) The employer shall pay any excess to the person entitled to compensation
or to the representative.
(f) If the person entitled to compensation or the representative elects to
recover damages against such third person and notifies the commission of his
election and institutes proceedings within the period prescribed in section 13, the
employer shall be required to pay as compensation under this act a sum equal
to the excess of the amount which the commission determines is payable on
account of such injury or death over the amount recovered against such third
person.
(g) If a compromise with such third person is made by the person entitled
to compensation or such representative of an amount less than the compensation
to which such person or representative would be entitled to under this act, the
TEXT OF LAW S---- LONGSHOREMEN AND HARBOR WORKERS
213
employer shall be liable for compensation as determined in subdivision ( e ) only
if such compromise is made with his written approval.
( h)
The deputy commissioner may, if the person entitled to compensation
under this act is a minor, make any election required under subdivision (a) of
this section, or may authorize the parent or guardian of the minor to make such
election.
Sec. 34. Posting of notice.— Every employer who has secured compensation
under the provisions of this act shall keep posted in a conspicuous place or
places in and about his place or places of business typewritten or printed notices,
in accordance with a form prescribed by the commission, stating that such
employer has secured the payment of compensation in accordance with the
provisions of this act. Such notices shall contain the name and address of the
carrier, if any, with whom the employer has secured payment o f compensation
and the date of the expiration of the policy.
Seo. 35. Substitution of carrier for employer.— In any case where the em
ployer is not a self-insurer, in order that the liability for compensation imposed
by this act may be most effectively discharged by the employer, and in order
that the administration o f this act in respect of such liability may be facilitated,
the commission shall by regulation provide for the discharge, by the carrier
for such employer, o f such obligations and duties of the employer in respect
of such liability, imposed by this act upon the employer, as it considers proper
in order to effectuate the provisions of this act. For such purposes (1) notice
to or knowledge of an employer of the occurrence of the injury shall be notice
to or knowledge of the carrier, (2) jurisdiction of the employer by a deputy
commissioner, the commission, or any court under this act shall be juris
diction of the carrier, and (3) any requirement by a deputy commissioner,
the commission, or any court under any compensation order, finding, or decision
shall be binding upon the carrier in the same manner and to the same extent as
upon the employer.
Sec. 36. Insurance policies.— {a) Every policy or contract of insurance issued
under authority o f this act shall contain (1) a provision to carry out the
provisions of section 35, and (2) a provision that insolvency or bankruptcy
of the employer and/or discharge therein shall not relieve the carrier from
payment of compensation for disability or death sustained by an employee
during the life of such policy or contract.
(b)
No contract or policy of insurance issued by a carrier under this act
shall be cancelled prior to the date specified in such contract or policy for
its expiration until at least 30 days have elapsed after1a notice of cancellation
has been sent to the deputy commissioner and to the employer in accordance
with the provisions of subdivision (c) of section 12.
Seo. 37. Certificate of compliance.— No stevedoring firm shall be employed
in any compensation district by a vessel or by hull owners until it presents to
such vessel or hull owners a certificate issued by a deputy commissioner
assigned to such district that it has complied with the provisions of this act
requiring the securing of compensation to its employees. Any person violating
the provisions of this section shall be punished by a fine of not more than
$1,000, or by imprisonment for not more than one year, or by both such fine
and imprisonment.
Seo. 38. Penalty for failure to secure payment of compensation.—Any em
ployer required to secure the payment of compensation under this act who
fails to secure such compensation shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of not more than $1,000, or by
imprisonment for not more than one year, or by both such fine and imprison
ment. This section shall not affect any other liability of the employer under
this act.
Sec. 39. Administration.— {a) Except as otherwise specifically provided, the
United States Employees’ Compensation Commission shall administer the pro
visions of this act, and for such purpose the commission is authorized, (1) to
make such rules and regulations; (2) to appoint and fix the compensation of
such temporary technical assistants and medical advisers, and, subject to the
provisions of the civil service laws, to appoint, and, in accordance with the
classification act o f 1923, to fix the compensation of such deputy commissioners
(except deputy commissioners appointed under subdivision (a) of section 40)
and other officers and employees ; and (3) to make such expenditures (including
expenditures for personal services and rent at the seat of government and else
where, for law books, books of reference, periodicals, and for printing and
binding) as may be necessary in the administration of this act. All expenditures
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PART V. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
of the commission in the administration of this act shall be allowed and paid as
provided in section 45 upon the presentation of itemized vouchers therefor
approved by the commission.
(&)
The commission shall establish compensation districts, to include the high
seas and the areas within the United States to which this, act applies, and shall
assign to each such district one or more deputy commissioners, as the commission
deems advisable. Judicial proceedings under sections 18 and 21 of this act in
respect of any injury or death occurring on the high seas shall be instituted in
the district court within whose territorial jurisdiction is located the office of the
deputy commissioner having jurisdiction in respect of such injury or death (or in
the Supreme Court of the District of Columbia if such office is located in such
District).
(c)
The commission shall direct the vocational rehabilitation of permanently
disabled employees and shall arrange with the appropriate public or private
agencies in States or Territories, possessions, or the District of Columbia for
such education. The Federal Board for Vocational Education shall cooperate
with the commission in such educational work. The commission may in its
discretion furnish such prosthetic appliances or other apparatus made necessary
by an injury upon which an award has been made under this act to render a
disabled employee fit to engage in a remunerative occupation. If any surplus
is left in any fiscal year in the fund provided for in section 44, such surplus may
be used in subsequent fiscal years for the purposes of this section except for the
purposes of administration and investigation.
Seo. 40. Deputy commissioners.— (a) The commission may appoint as deputy
commissioners any member of any board, commission, or other agency of a State
to act as deputy commissioner for any compensation district or part thereof in
such State, and may make arrangements! with such board, commission, or other
agency for the use of the personnel and facilities thereof in the administration
of this act. The commission may make such arrangements as may be deemed
advisable by it for the payment of expenses of such board, commission, or other
agency, incurred in the administration of this act pursuant to this) section, and
for the payment o f salaries to such board, commission, or other agency, or the
members thereof, and may pay any amounts agreed upon to the proper officers
o f the State, upon vouchers approved by the commission.
(&)
In any Territory of the United States or in the District o f Columbia
a person holding an office under the United States may be appointed deputy
commissioner and for services rendered as deputy commissioner may be paid
compensation, in addition to that he is receiving from the United States, in an
amount fixed by the commission in accordance with the classification act o f
1923.
(c) Deputy commissioners (except deputy commissioners appointed under
subdivision (a) of this section) may be transferred from one compensation dis
trict to another and may be temporarily detailed from on© compensation district
for service in another in the discretion of the commission.
(d) Each deputy commissioner shall maintain and keep open during reason
able business hours an office, at a place designated by the commission, for the
transaction of business under this act, at which office he shall keep his official
records and papers. Such office shall be furnished and equipped by the com
mission, who shall also furnish the deputy commissioner with all necessary
clerical and other assistants, records, books, blanks, and supplies. Wherever
practicable such office shall be located in a building owned or leased by the
United States ; otherwise the commission shall rent suitable quarters.
( e ) If any deputy commissioner is removed from office, or for any reason
ceases to act as such deputy commissioner, all of his official records and papers
and office equipment shall be transferred to his successor in office or, if there
be no successor, then to the commission or to a deputy commissioner designated
by the commission.
(f) Neither a deputy commissioner nor any business associate o f a deputy
commissioner shall appear as attorney in any proceeding under this act, and
no deputy commissioner shall act in any such case in which he is interested,
or when he is employed by any party in interest or related to any party in in
terest, by consanguinity or affinity within the third degree, as determined by the
common law.
Seo. 41. Investigations by the commission.— (a) The commission shall make
studies and investigations with respect to safety provisions and the causes of
injuries in employments covered by this act, and shall from time to time make
TEXT OF LAW S---- LONGSHOREMEN AND HARBOR WORKERS
215
to Congress and to employers and carriers such recommendations as it may deem
proper as to the best means of preventing such injuries.
(&) In making such studies and investigations the commission is authorized
(1) to cooperate with any agency of the United States charged with the duty of
enforcing any law securing safety against injury in any employment covered by
this act, or with any State agency, engaged in enforcing any laws to assure safety
for employees, and (2) to> permit any such agency to have access to the records,
o f the commission. In carrying out the provisions of this section the commis
sion or any officer or employee of the commission is authorized to enter at any
reasonable time upon any premises, tracks, wharf, dock, or other landing place,
or upon any vessel, or to enter any building, where an employment covered
by this act is being carried on, and to examine any tool, appliance, or machin
ery used in such employment,
Seo. 42. Traveling expenses.— The commissioners, deputy commissioners, and
other employees of the commission shall be entitled to receive their necessary
traveling expenses and expenses actually incurred for subsistence while travel
ing on official business and away from their designated stations, as provided
by the subsistence expense act o f 1926.
Sec. 43. Annual report.— The commission shall make to Congress at the begin
ning of each regular session a report of the administration of this act for
the preceding fiscal year, including a detailed statement of receipts of and
expenditures from the funds established in sections 44 and 45, together with
such recommendations as the commission deems advisable.
Sec. 44. Special fund.— (a) There is hereby established in the Treasury of
the United States a special fund for the purpose of making payments in
accordance with the provisions of subsections (f) and {g) o f section 8 of this
act. Such fund shall be administered by the commission. The Treasurer of
the United States shall be the custodian of such fund, and all moneys and
securities in such fund shall be held in trust by such Treasurer and shall not
be money or property of the United States,
(b) The Treasurer is authorized to disburse moneys from such fund only
upon order of the commission. He shall be required to give bond in an amount
to be fixed and with securities to be approved by the Secretary of the Treas
ury and the Comptroller General of the United States conditioned upon the
faithful performance of his duty as custodian of such fund.
(c) Payments into such fund shall be made as follows :
(1) Each employer shall pay $1,000 as compensation for the death o f an
employee of such employer resulting from injury where the deputy commis
sioner determines that there is no person entitled under this act to compensa
tion for such death. Fifty per cent of each such payment shall be available
for the payments under subdivision (f) of section 8, and 50 per cent shall
be available for payments under subdivision (g) of section 8.
(2) All amounts collected as fines and penalties under the provisions o f this
act shall be paid into such fund.
( d ) The Treasurer of the United States shall deposit any moneys paid into
such fund into such depository banks as the commission may designate and
may invest any portion o f the funds which, in the opinion o f the commission,
is not needed for current requirements, in bonds or notes of the United States
or of any Federal land bank.
(e) Neither the United States nor the commission shall be liable in respect
o f payments authorized under section 8 in an amount greater than the money
or property deposited in or belonging to such fund.
( /) The Comptroller General o f the United States shall audit the account
for such fund, but the action of the commission in making payments from such
fund shall be final and not subject to review, and the Comptroller General is
authorized and directed to allow credit in the accounts of any disbursing officer
of the commission for payments made from such fund authorized by the
corqmission.
(g)
All civil penalties provided for in this act shall be collected by civil suit
brought by the commission.
Sec. 45. Administration fund.— (a) There is hereby established in the Treas
ury of the United States a special fund for the purpose of providing for the
payment of all expenses in respect of the administration of this act. Such
fund shall be administered by the commission. The Treasurer of the United
States shall be the custodian of such fund, and all moneys and securities in
such fund shall be held in trust by such Treasurer and shall not be the money
or property of the United States,
216
PART V. TEXT OF LAW S, UNITED STATES, 1 9 2 7 - 2 8
(b)
The provisions of subdivisions (&), ( d ), and (f) of section 44 shall be
applicable to the fund hereby established.
Sec. 46. Appropriation.— (a) There is hereby authorized to be appropriated,
out of any money in, the Treasury not otherwise appropriated, the sum of
$250,000, which shall be covered into the administration fund established in
section 45 and shall be available for expenses incurred in the administration
of this act during the remainder of the fiscal year ending June 30, 1927, and
during the fiscal year ending June 30, 1928. All unexpended balances of any
appropriations made under authority of this section, remaining in such fund
on July 1, 1928, shall be covered into the Treasury o f the United States as
miscellaneous receipts.
Seo. 47. Availability of appropriations.—The expenses incurred for salaries
and contingent expenses by the United States Employees’ Compensation Com
mission in the administration (1) of the act entitled “An act to- provide com
pensation for employees of the United States suffering injuries while in the
performance of their duties, and for other purposes,” approved September 7,
1916, as amended, and (2) of this act, may be paid from the appropriations for
salaries and contingent expenses for the administration of such act of Septem
ber 7, 1916, and from the fund established in section 45 of this act, in such
proportion as the commission, with the approval of the Director o f the Bureau
of the Budget, determines to be fairly attributable to the cost of administra
tion of the respective acts, but the total amount paid from such appropriation
and such fund in any fiscal year on account of the administration of such act
of September 7, 1916, shall not exceed the amounts appropriated for salaries
and contingent expenses for the administration of such act for such year.
Sec. 48. Laws inapplicable.— Nothing in sections 4283, 4284, 4285, 4286, or
4289 of the Revised Statutes, as amended, nor in section 18 of the act entitled
“ An act to remove certain burdens on the American merchant marine and
encourage the American foreign carrying trade, and for other purposes,” ap
proved June 26, 1884, as amended, shall be held to limit the amount for which
recovery may be had (1) in any suit at law or in admiralty where an em
ployer has failed to secure compensation as required by this act, or (2) in
any proceeding for compensation, any addition to compensation, or any civil
penalty.
Sec. 49. Effect of unconstitutiona\lity.— I f any part of this act is adjudged
unconstitutional by the courts, and such adjudication has the effect o f in
validating any payment of compensation under this act, the period intervening
between the time the injury was sustained and the time o f such adjudication
shall not be computed as a part of the time prescribed by law for the com
mencement of any action against the employer in respect of such in ju ry ; but
the amount of any compensation paid under this act on account of such injury
shall be deducted from the amount of damages awarded in such action in
respect of such injury.
Sec. 50. Separability provision.— If any provision of this act is declared un
constitutional or the applicability thereof to any person or circumstances is
held invalid, the validity of the remainder of the act and the applicability
of such provision to other persons and circumstances shall not be affected
thereby.
Sec. 51. Effective date.— Sections 39 to 51, inclusive, shall become effective
upon the passage of this act, and the remainder of this act shall become effec
tive on July 1, 1927.
Supplemental Law
ACTS OF SEVENTIETH CONGRESS, FIRST SESSION
(45 Stat. 490)
C hapter 502.— An act to amend the longshoremen'’s and harbor workers’ comr
pensation act
In any court proceedings under section 21 or other provisions of the long
shoremen’s and harbor workers’ compensation act, it shall be the duty of the
district attorney of the United States in the judicial district in which the case
is pending to appear as attorney or counsel on behalf of the United States
Employees’ Compensation Commission or its deputy commissioner when either
is a party to the case or interested, and to represent such commission or deputy
in any court in which such case may be carried on appeal*.
PART VI
TEXT OF WORKMEN’S COMPENSATION LEGISLATION
OF CANADA, 1927 AND 1928
[The text of the laws has been punctuated in accordance with the rules for
punctuation laid down by the Government Printing Office for Government publi
cations, and does not follow, in all cases, the official State editions,]
217
PRINCIPAL FEATURES OF LAWS OF CANADA RELATING TO WORKMEN’ S COMPENSATION AND INSUI
Compensation benefits
Employments covered
Insurance
Province
Alberta. Approved Mar. 5,
1908; in effect, Jan. 1, 1909.
New act, Apr. 13, 1918; in
effect, Jan. 1, 1919; as last
amended, 1928.
British Columbia. Approved
Juno 21,1902; in effect M ay
1, 1903. New act, May 31,
1916; in effect Jan. 1, 1917;
as last amended, 1925.
Manitoba. Approved Mar.
16, 1910; in effect Jan. 1,
1911. New act, Mar. 10,
1916. New act, Mar. 27,
1920; in effect Jan. 1, 1921;
as last amended, 1925.
New Brunswick. Approved,
Apr. 26,1918; in effect Jan.
1, 1919; as last amended,
1924.
Nova Scotia.
Approved,
Apr. 22,1910; in effect Feb.
1, 1911. New act Apr. 23,
1915; in effect Jan. 1, 1917;
as last amended, 1928.
a NCE
Suits for damages
Special contracts
Injuries covered
Waiting period
Per cent of wages
Maximum and minimum
weekly compensation
payments
Maximum period
Death
[a) Dependents
jb) No dependents
Total disability
(a) Permanent
(b) Temporary
Medical and surgical aid
Nonresident alien
beneficiaries
Time for notice and
claim
Partial disability
Administrative
system
How compensation claims are
settled
Accident reports required
Accident prevention work
by— (a) Compensation
commission. (6) Other
agencies
Province
Private
Public
Compulsory, as to enumerated em
ployments. Exemptions: Cer
tain classes of railroad employees,
farm and ranch labor, out
workers, casual employees not
in usual course of employer’s
business, and itinerant em
ployments.
Compulsory, as to enumerated em
ployments. Exemptions: Farm
labor, domestic service, travel
ing salesmen, outworkers, and
casual employees not in usual
course of employer’s business.
Voluntary, as to exempted em
ployments.
Compulsory, as to enumerated em
ployments. Exemptions: Farm
labor, domestic service, out
workers, nonhazardous clerical
occupations, and casual em
ployees not in usual course of
employer’s business. Voluntary,
as to exempted employments.
Compulsory, as to enumerated
employments. E xem p tion s:
Farm labor, domestic sorvice,
outworkers, traveling salesmen,
nonhazardous clerical occupa
tions, and casual employees not
in usual course cf employer's
business. Voluntary, as to ex
empted employments.
Compulsory, as to enumerated em
ployments. Exemptions: Out
workers, traveling salesmen,
casual employees not in usual
course of employer's business.
Voluntary, as to exempted em
ployments.
Compulsory, as to em
ployments covered.
Employers must con
tribute to State ac
cident fund.
Not permitted-
Waivers forbidden___
Personal Injuries b y accident aris
ing out of and in the course of the
employment, unless due solely
to serious and willful miscon
duct except in case of death or
serious disability. Enumerated
occupational diseases included.
3 days..
Disability, 66% per
cent.
Death: No limit. Total
disability: Minimum,
$10 weekly, or actual
wages.
Death, during life or until
remarriage of widow.
Disability, during its
continuance.
(a) Burial expenses, maximum,
$125 widow or invalid widower,
$35 monthly; additional pay
ments for each child. (6) Rea
sonable expenses of last sickness,
burial not over $125.
(a) (6) 66% per cent of earnings
during continuance, not less
than $10 weekly unless wages
are less.
66% per cent of wage loss during
continuance.
Reasonable expenses of last sick
ness in fatal cases involving no
dependents; in other cases em
ployees furnished medical aid
from employer's hospital fund
or State accident fund to which
employees must contribute.
Benefits may be reduced on
basis of comparative cost
of living.
Notice before leaving
the plant, if pos
sible, and in any ease
before leaving em
ployment; claim in
12 months.
Workmen's compen Board has exclusive and final
jurisdiction over all matters; no
sation board.
appeal to courts.
All employers under compensa
tion act must report all acci
dents within 24 hours to work
men's compensation board.
(a) Yes. (6) Factory In
spector;! mine inspec
tor.1
Alberta.
Compulsory, as to em
ployments covered.
Employers mast con
tribute to State acci
dent fund.
Not permitted___
Waivers forbidden___
3 days; none if disa
bility continues for
moie than 14 days.
Disability, 62H per
cent.
Death: Monthly pension,
maximum $65.
Disa
bility: Weekly maxi
mum $25.0-4; minimum
$5, or actual wages.
Death, during life or until
remarriage of widow.
Disability, during its
continuance.
(a) Burial expenses, maximum,
$100; widow or invalid widower,
$35 a month; $7.50 additional for
each child; monthly maximum,
$65. (6) Burial expenses, maxi
mum, $100.
(a) (6) 62H per cent of wages dur
ing disability; weekly maxi
mum, $24.0-1, minimum $5, or
actual wages.
62H per cent of wage loss during
disability.
Compensation for
disfigurement of head or face.
Such medical, surgical, and hospi
tal service, including artificial
members, as reasonably neces
sary; transportation includod;
special provision for seamen;
empto^er's hospital fund per-
Benefits may be reduced on
basis of comparative cost
of living.
Notico as soon as prac
ticable; claim in 1
year.
Workmen’s compen
sation board.
Board has exclusive and final juris
diction over all matters; no
appeal to courts.
All employers must report all ac
cidents within 3 days to _workmen’s compensation board.
(a) Yes. (6) Department
of labor; 1 department of
mines.1
British Columbia.
Compulsory, as to em
ployments covered.
Employers must con
tribute to State ac
cident fund.
Not permitted.
Waivers forbidden___
Personal injuries b y accident aris
ing out of and in course of the
employment, unless due solely
to serious and willful miscon
duct, except in case of death or
serious and permanent disa
bility.
Enumerated occupa
tional diseases included.
Personal injuries b y accident aris
ing out of and in course of theemployment, unless due solely to
serious and willful misconduct
escept in case of death or serious
disability. Enumerated occupa
tional diseases included.
3 days.
Disability, 66% per
cent.
Death: No limit.
Dis
ability: Weekly maxi
mum $25.64, minimum
$12.50, or actual wages.
Death, during life or until
remarriage of widow.
Disability, during its
continuance.
(a) Burial expenses; maximum,
$150; widow or invalid widower,
$30 a month; additional pay
ments for each child. (6) Rea
sonable expenses of last sickness
and burial.
(a) (6) 66% per cent of wages dur- 66% per cent of wage loss during
disability.
ing disability; weekly maximum,
............
$25.64, minimum $15 ($12.50 if
temporary), or actual wages.
Such medical, surgical, and hospi
tal treatment as board deems
reasonably necessary, Including
artificial members.
Included only if comity
exists; benefits to corre
spond to rate of foreign
law.
Notice as soon as prac
ticable, not l a t e r
than 30 days; daim
in 1 year.
Workmen's compen Board has exclusive and final juris
diction over all matters; no
sation board.
appeal to courts.
All employers must report all ac
cidents within 3 days to work
men’s compensation board.
(a) No provision. (b) Bu
reau of labor;1 mine in
spector.1
Manitoba.
Compulsory, as to mu
nicipal employees,
except members of
police and fire de
partments. Voluntary, as to provincial
and Crown employ-
Employers must con
tribute to State ac
cident fund.
Not permitted.
Disability, 55 per cent. Death: Monthly pension,
maximum 55 per cent of
wages. D i s a b i l i t y :
W e e k l y m a x im u m
$15.86, minimum $6.
Death, during life or until
remarriage of widow.
Disability, during its
continuance.
(o) Burial expenses, maximum,
$100; widow or invalid widower,
$30 a month; $7.50 additional for
each child; monthly maximum
not over 55 per cent of wages.
(6) Burial expenses, maximum,
$100.
(a) (6) 55 per cent of wages during
disability; weekly maximum,
$15.86; minimum, $6.
If temporary, 55 per cent of wage
loss during disability. If per
manent, amounts proportioned
to disability according to scale
to be established by board; total
not over $2,500.
Such special medical, surgical, and
hospital treatment as m ay be
necessary!
Included
exists.
Notice in 14 days;
claim in 1 year.
Workmen’s compen Board has jurisdiction over all
matters; appeal to supreme
sation board.
court upon questions of law, but
only by permission of such
court.
All employers under compensa
tion act must report all disabling
accidents within 3 days to
workmen’s compensation board.
(a) N o provision. (6) Em
ployers’ a ssocia tion s;
factory inspector.*
New Brunswick.
Compulsory, as to em
ployments covered;
members of munici
pal police and fire
departments are ex
cepted.
Employers must con
tribute to State acci
dent fund. Fishing
industry given sepa
rate treatment.
Not permitted.
Disability, 55 per cent. Death: Monthly pension,
maximum $60, but not
over 55 per cent of wages.
D is a b ilit y : W e e k ly
maximum $12.69; mini
mum $5, or actual wages.
Death, during life or until
remarriage of widow.
Disability, during its
continuance.
(a) Burial expenses, maximum,
$75; widow or invalid widower,
$30 a month; $7.50 additional for
each child; monthly maximum
$60, but not over 55 per cent of
wages.
(t>) Burial expenses,
maximum $75.
(a) (6) 55 per cent of wages during
disability; weekly maximum.
$12.69; minimum $5, or actual
wages.
55 per cent of impairment of earn
ing capacity during disability
Reasonable medical, surgical, and
hospital service j o t SO days in
compensable injury cases; ap
proved establishment benefit
schemes permitted; special pro
vision for seamen.
Included only if comity
exists; benefits to corre
spond to rate of foreign
law.
Claim in 1 year............ Workmen's compen
sation board.
Board has jurisdiction over all
matters; appeal to supreme
court upon questions of law, but
only by permission cf such
court.
All employers under compensa
tion act must report all disabling
accidents within 3 days to
workmen's compensation board.
(a) No provision. (6) Em
ployers' a ssociations;
department of public
works and mines.1
Nova Scotia;
E m p l o y e r s under
Schedule 1 must
contribute to State
accident fund; em
ployers under Sched
ule 2 (municipali
ties, common car
riers, etc.) are in
dividually
liable,
but ma^r be re
quired to insure.
P riv a te employers
must insure or de
posit security.
Not permitted____
Personal injuries b y accident aris 7 days..
ing out of and in course of the
employment, unless intention
ally self-inflicted, due to intoxi
cation, serious and willful mis
conduct, or to a fortuitous event
unconnected with the industry.
Enumerated occupational dis
eases included.
Waivers forbidden___ Personal injuries b y accident aris 6 days. None if dis
ing out of and in course of the
ability continues for
employment unless due solely to
more than 6 days.
serious and willful misconduct
except in case of death or serious
and permanent disability. Enu
merated occupational diseases
included.
Waivers forbidden___ Personal injuries b y accident aris 6 days. None if dis
ing out of and in course of the
ability continues for
employment, unless due solely
more than 6 days.
to serious and willful miscon
duct, unless the injury results
in death or serious disablement.
Enumerated occupational dis
eases included.
Ontario. Approved, M ay 1,
1914; in effect Jan. 1, 1915;
as last amended, 1928.
Compulsory, as to enumerated em
ployments. Exemptions: Farm
labor, domestic service, out
workers, and casual employees
not in usual course of employer's
business. Voluntary, as to ex
empted employment.
Compulsory, as to em
ployments covered.
Quebec. Approved, M ay 29,
1909; in effect Jan. 1, 1910.
New act, Mar. 24, 1926; in
effect Apr. l f 1927. New
act Mar. 22, 1928, in effect
Sept. 1, 1928.
Compulsory, as to enumerated em
ployments having 7 or more
workmen. Exemptions: Farm
labor, domestic service, and sail
ing vessels. Voluntary, as to ex
empted employment.
Compulsory, as to em
ployments covered.
Yukon Territory. Approved,
Apr. 24,1917.
Compulsory, as to all employ
ments except those having less
than 5 employees, outworkers,
and casual employees not in
usual course of employer’s busi
ness.
Compulsory, as to all
municipal employ
ees and hazardous
territorial employ
ments.
46675°—29. (Face p. 219.)
N ot required..
Waivers forbidden___
Not permitted.
Waivers forbidden___
Accidents by reason of or in the
course of their work.
7 days. None if dis
ability continues for
more than 6 weeks.
Permitted in lieu of
compensation after
injury, if employer
was negligent; de
fenses abrogated.
Waivers forbidden-----
Personal injuries b y accident aris
ing out of and in course of the
employment, unless due to in
toxication or serious and willful
misconduct.
13 days. None if dis
ability continues for
more than 13 days.
only
if comity
Disability,
cent.
66% per
Death: Monthly pension,
not over 66% per cent
of wages.
Disability:
Maximum $25.64, mini
mum $12.50, or actual
Death, during life or until
remarriage of widow.
Disability, during its
continuance.
(a) Burial expenses, maximum,
$125; widow or invalid widower,
$40 a month; $10 additional for
each child; monthly maximum
not over 66% per cent of wages;
minimum $12.50 per week for
widow and one or more children.
(6) Reasonable expenses of last
sickness and burial.
(a) (b) 66% per cent of wages dur
ing disability; weekly maxi*
mum, $25.64; minimum, $12.50 or
actual wages.
66% per cent of impairment c
earning capacity during dis
ability.
Necessary medical, surgical, and
hospital service, including arti
ficial members and transporta
tion; approved establishment
benefit schemes permitted.
Included only if comity
exists; benefits to corre
spond to rate of foreign
law.
Notice as soon as prac
ticable and before
leaving e m p l o y
ment; claim in 6
months.
Workmen's compen
sation board.
Board has exclusive and final juris
diction over all matters; em
ployers individually liable may
make direct settlements with
employees with approval of
board; no appeal to courts.
All employers must report all acci
dents which cause disability
or necessitate medical aid within
3 days to workmen's compensa
tion board.
(a) Board may inspect for
compliance with safety
l a w s . (6) Employer’s
associations; department
of public works;1bureau
of mines.1
Disability,
cent.
66% per
Death: Monthly pension,
not over 60 per cent of
wages, total maximum
$6,000. D i s a b i l i t y :
Weekly minimum, $6
or actual wages; maxi
mum, $20; mflximnrn
for permanent total,
$10,000; for permanent
partial, $5,000.
Death: During life or until
remarriage of widow.
Disability, during its
continuance.
(a) Burial expenses, maximum,
$125; consort 30 per cent of wages,
10 per cent additional for each
child, total not over 60 per
cent. Maximum $20 weekly,
total maximum $6,000. (6) Burial
expenses, maximum $125.
(a) (b) 66% per cent of wages dur
ing disability; weekly maxi
mum, $20; minimum $6, or actual
wages; permanent total disa
bility, maximum $10,000.
66% per cent of wages for the perio*
of time fixed, on a basis of 4week
for each 1 per cent of incapacity
maximum, $5,000.
Medical, surgical, and hospital
services, including transporta
tion ana necessary appliances.
N o provision___ . . . . . ____ _
Notice in 10 days;
claim in 1 year.
Workmen's compen
sation commission.
Voluntary agreements between
parties must have the sanction
of the workmen's compensation
commission.
Disputed cases
settled by commission.
No
appeal to the courts.
All employers other than the
Province must report all acci
dents disabling for more than 7
days to the workmen’s compen
sation commission within 15
days.
(a) Workmen’s compensa
tion commission.
(&)
Department of public
works and labor;1 mine
inspector.1
Temporary total disabil
ity, 6 months.
(a) $2,500. (b) Expenses of last
sickness and burial, maximum,
$500.
(a) $3,000. (6) 50 per cent of wages
during disability but for not
over 6 months.
For specified
injuries, nxad No provision_______ . . . . . . . . . . . . . .
amounts ranging from $150 to
$2,000, others proportioned nc
degree of total disability, maai
mum, $3,000.
Included only if comity
exists; benefits to corre
spond to rate of foreign
law.
Notice as soon as
practicable; claim in
6 months.
Voluntary agreement between
parties; disputed cases settled
by courts.
N o provision....... ........................... (a) No commission.
- Mine inspector.1
iporary
abiillity, 50 per cent.
1Not provided for in compensation law.
(b )
Ontario;
Quebec.
Yukon Territory.
TEXT OF THE LAWS
ALBERTA
[The compensation law of the Province of Alberta* (ch. 177, It. S., 1922) was
amended by chapter 44, Acts o f 1927 and chapter 38, Acts o f 1928. The changes
are noted below.
[Section 2, paragraph ( q ), was amended by Acts of 1928, chapter 38, by adding
the following:]
“ and shall include the driver of a vehicle doing work for another, whether the
former supplies the vehicle or does not supply it, provided that the relationship
of master and servant exists between such driver and the said other person.”
[Section 6 struck out by Acts of 1928, chapter 38 and a new section substituted
as follow s:]
6. (1) The chairman shall hold office for 10 years from the date of his ap
pointment and the two other commissioners shall hold office for 8 years from
the said date and all commissioners! subsequently appointed shall hold office for
10 years from the date of their appointment:
Provided, however, that every member of the board appointed upon the com
ing into force of this act shall hold office until another is appointed in hist stead
or until the provisions of this section have been made applicable to him by
order in council, whichever first happens:
Provided further, That any commissioner may be removed from office by the
lieutenant governor on address of the legislative assembly.
(2)
No commissioner shall engage in any other business or employment for
remuneration.
[Section 13 was amended by Acts of 1928, chapter 38, adding at the end of
subsection (1 ), the follow ing:]
“ nor shall any action be maintained or brought against the board or any com
missioner in respect o f any act or decision done or made in the honest belief
that the same was within the jurisdiction of the board.”
[Section 16 was amended by Acts of 1928, chapter 38, by striking out subsec
tion 2 and inserting the follow ing:]
(2)
Upon the application of a majority of the workmen engaged in any
establishment, undertaking, trade or business, or in any branch, subdivision
or component part thereof, or of the persons employing workmen so engaged,
the board may declare the same to be an industry to which this act applies.
(2a) A similar application may be made by a majority of the workmen of
any one person or by such person, whereupon the board may declare the estab
lishment, undertaking, trade or business of such person, or the branch, subdivi
sion or component part thereof affected, to be an industry within the meaning
of this a c t:
Provided, however, That the board shall not give effect to any application
made under either this subsection or subsection (2) affecting persons excluded
from the provisions of this act by paragraphs {a), (&), and (c) o f section 70,
nor to any such application affecting persons excluded by paragraph (e ), except
with the consent o f the employer.
[Section 20 was amended by Acts of 1928, chapter 38, by striking out subsec
tion (4), and substituting a new subsection (4) and by adding subsections (7 ),
(8) and (9), to read as follow s:]
(4)
No assessment less than $50 shall be levied in respect o f the employments
mentioned in classes 1 and 6 of Schedule I hereto, and in all other cases, no
assessment shall be less than $5.
(7)
Within three days after the granting of any building permit involving
an expenditure of over $100 in any municipality, city or town, written notice
thereof shall be given to the board by the person whose duty it is to keep a record
o f such permits.
46675°— 29------- 15
219
220
PAET VI. TEXT OF LAW S, CANADA, 1 9 2 7 - 2 8
(8) Any such person shall be liable upon summary conviction to a fine o f
$20 for each contravention of the provisions of the preceding subsection.
(9) The holder of any such permit shall be an employer within the meaning
of this act, and this act shall apply to the employment of other persons by such
holder.
[Section 25 was struck out by chapter 44, Acts of 1927, and a new section sub
stituted as follow s:]
25. (1) Where default is made in the payment of any assessment or any special
assessment or any part thereof, the board may issue its certificate stating that
the assessment was made, the amount remaining unpaid on account of it, and
the person by whom it was payable, and directing the payment of such amount
by such person, and such certificate or a copy of it, certified by the secretary
under the seal of the board to be a true copy, may be filed with the clerk o f the
Supreme Court or the clerk of the district court o f any district and when so filed
shall become an order of the court, and shall be enforced as a judgment o f the
court.
(2)
The board shall have the like power and be entitled to the like remedies
of enforcing payment of any sum (other than an assessment) which any em
ployer is required to pay to the board under any of the provisions o f this act,
as it possesses or is entitled to in respect of assessments.
[Section 34 was amended by Acts of 1928, chapter 38, by striking out subsec
tions (1 a) and (6), and substituting the follow ing:]
(la) When a workman is frostbitten under circumstances arising out of or
in the course of his employment, such occurrence shall be deemed to be an acci
dent within the meaning of this act.
(6) No compensation shall be payable in respect o f the first three days of
disablement.
[Section 35 was repealed by Acts of 1928, chapter 38.
[Section 37 was struck out by Acts of 1928, chapter 38, and a new section
substituted as follow s: ]
37. (1) Where an accident which would entitle the workman or his de
pendents to compensation under this act, if it had happened in the Province,
happens while he is employed elsewhere than in the Province, the workman or
his dependent shall be entitled to compensation under this act, if the workman
is a resident of the Province and the nature o f the employment is such that in
the course of the work or service which the workman performs, it is required
to be performed both within and without the Province.
(2) Where an accident which would entitle the workman or* his dependents
to compensation under this act, if it had happened in the Province, happens
while he is employed in a State or Province where there is no system o f State
insurance, similar to that effected by this act, then such injured workman
shall be entitled to compensation under this act, if the place or chief place
of business of the employer is situate in the Province, and the residence or usual
place of employment of the workman is in the Province and his employment
out o f the Province has immediately followed his employment by the same em
ployer within the Province, and has lasted less than six months.
(3) I f any workman entitled to compensation, under the provisions o f this
section has any right of action in respect to his injuries, he shall assign all
compensation or damages to be recovered thereunder to the board.
(4) In the event of the board directing any such injured workman to take
any such action, the workman shall commence and prosecute the action with
diligence, and in the event o f his not so doing, the board may refuse to pay
any compensation or may withhold any part o f the compensation otherwise
payable:
Provided, That in the event of any such injured workman taking any such
action, save upon the direction of the board, he shall forfeit all claim to com
pensation or to further compensation, as the case may be.
(5) Except as provided by subsections (1) and (2) o f this section, no com
pensation shall be payable under this act, where the accident to the workman
happens elsewhere than in the Province.
(6) The board shall, in computing the levy upon any employer, make such
allowances in respect of assessments paid by that employer to aiiy extraprovincial authority or in respect o f damages or compensation paid by him, as
may be fair and just, taking all the circumstances of the case into consideration.
[Section 38 was amended by Acts of 1928, chapter 38, by adding a new sub
section 38a, to read as follow s:]
TEXT OF LAW S---- ALBERTA
221
38a. (1) Where an accident happens to a workman in the course o f his
employment under such circumstances as would ordinarily entitle him or his
dependents to take an action against some person other than his employer, the
workman or his dependents, if entitled to compensation under this act, shall
not be entitled to bring such action, but the board shall be entitled to bring
the said action, and for the purpose of such action shall represent the said work
man and shall be entitled by way of subrogation, to the damages, compensation
and other rights and remedies to which the workman would be entitled if he
had taken the action personally.
(2) Where the workman is injured through the negligence of an employer
other than his employer or through the negligence of a workman o f such firstmentioned employer, the board may direct that the compensation shall be
charged against the class to which such first mentioned employer belongs.
[Section 39 was amended by Acts of 1928, chapter 38, by striking out sub
section (1) and substituting the follow ing:]
(1) When a workman to whom compensation is payable leaves the Province
o f Alberta, he shall not thereafter be entitled to receive compensation, unless
permission to leave the Province is first granted by the board:
Provide(ft, however, That if the medical referee certifies that the disability
resulting from the injury is likely to be of a permanent nature, and the board
so directs, the workman shall be entitled to the amount o f periodical payments
accruing due while a resident without the Province, if he proves in such manner
as may be prescribed, his identity and the continuance of the disability in
respect of which the same is payable.
[Section 43 was amended by acts of 1928, chapter 38, by adding two subsec
tions, (3) and (4), to read as follow s:]
(3) The lieutenant governor in council may at any time appoint from the
medical staff of the University o f Alberta, an advisory board to whom the
board may refer such cases for examination as it sees fit.
(4) Upon any such reference being made, the advisory board shall upon
written request of the workman or his employer, give an opportunity to him of
appearing before it in person.
[Section 44 was amended by Acts of 1928, chapter 38, by adding a new sub
section, 44(a) to read as follow s:]
44a*. (1) No compensation shall be payable in respect of hernia, unless—
(a)
It is clinical hernia of a disabling character, and of recent primary
demonstrability; and
(&) The onset thereof can be shown to have been immediately preceded by a
strain or other accident ; and
(c)
It can be shown that at the time of the occurrence of the strain or other
accident, the workman immediately reported his condition to his employer or
ceased work at the time and reported within 24 hours of so ceasing work.
(2) I f the workman does not submit himself to be operated on for radical
cure within two weeks o f the occurrence, compensation shall cease to be pay
able upon the expiry of such two weeks.
(3) Then the period of disability shall be deemed to cease upon the expiry
of 42 days from the day o f any such operation:
Provided, however, That the said period of 42 days may be extended by the
board, if satisfied that complications have arisen from the operation.
[Section 45 was amended by Acts of 1928, chapter 38, by adding two sub
sections, (3) and (4 ), to read as follow s:]
(3) With a view to providing for1the retraining of workmen who have been
permanently disabled, and otherwise removing any handicap resulting from
their injuries, the board may take such measures and make such expenditures
as it may, in its discretion, deem necessary or expedient, and the expense
thereof shall be borne out of the accident fund, and may be' collected in the
same manner as moneys required to pay compensation or expenses of adminis
tration :
“ Provided, That the total expenditure under the provisions of this section,
shall not exceed §20,000* in any calendar year.
(4) Whenever the board is satisfied that the earning capacity of any work
man assisted under the provisions of the preceding subsection, has been
increased to an appreciable degree' by reason of such assistance, it shall have
power to make a corresponding reduction in the amount of compensation pay
able to him.
[Section 46 was amended by Acts of 1928, chapter 38, by inserting after the
words “ at request of the workman ” the following words, “ or employer,”
222
PART VI. TEXT OF LAW S, CANADA, 1 9 2 7 - 2 8
[Section 49 was amended by chapter 44, Acts of 1927, by adding after sub
section (1) the follow ing:]
(la ) Where in the opinion of the board, the furnishing of further or better
education to a child approaching the age of 16 years appears advisable, the
board in its discretion may extend the period during which, compensation shall
be paid in respect of such child for’ such; additional period as is spent by* such
child in the furthering or bettering of his education, but in no case, beyond the
age of 18 years.
[Section 49, subsection (1) (a), was amended by Acts of 1928, chapter 38,
by striking out $100 and inserting! $125 as the maximum allowance for expenses
of burial; and by adding a new subsection, ( f ) to read as follow s:]
(f )
Where the dependents are aliens residing outside of the Dominion of
Canada, and entitled to compensation under clause (a), (&), ( c ) , ( d) , or* (e)
of this subsection, the board may, in lieu of awarding such dependents com
pensation on the scale provided by clause (a), (&), ( c ) , (d), or (o), award
such lesser1sum by way of compensation as, according to the conditions and cost
of living in the place of residence of such dependents, will in the opinion o f the
board, maintain them in a like degree of comfort as dependents o f the same
class residing in the Dominion and receiving the full compensation authorized
by this act would enjoy.
[Section 52, subsection (1) (permanent total disability) was amended by
Acts of 1928, chapter 38, by striking out 62% per cent and substituting 66%
per cent as the percentage of earnings allowed.
[Section 53, subsection (1) (permanent partial disability) wasi amended by
Acts! of 1928, chapter 38, by striking' out 62 y2 per cent and substituting 66%
per cent as the percentage o f earnings allowed.
[Section 53, subsection (3 ), was amended by chapter 44, Acts of 1927, by
striking out subsection (3) and inserting the follow ing:]
(3)
Notwithstanding the provisions of this section, the board may in case a
workman is or has been at any time since the last day of June, 1921, seriously
and permanently disfigured about the face or head, or otherwise permanently
injured, recognize an impairment of earning capacity, and may as from the first
day of April, 1927, allow lump sums or periodical payments or both, as
compensation.
[Section 55 was (temporary partial disability) amended by Acts of 1928,
chapter 38, by striking out 62y2 per cent and substituting 66% per cent as the
percentage of earnings allowed.
[Section 56 was amended by striking out subsection (1) and substituting the
follow in g: ]
(1)
In ascertaining the average weekly earnings of a workman for the
purpose of this act, the board shall take into consideration the actual earnings
of the workman during the previous 12 months, where the same are ascertain
able, and where the same are not ascertainable the board may take into con
sideration any number of weeks during which the wTorkman has been employed
by any employer previous to the happening of the accident. For the purpose
of this section, the word “ employer ” is used in the ordinary sense and shall
not be limited to the definition contained in this act.
[Section 56, subsection (5 ), was amended by chapter 44, Acts o f 1927, by in
creasing the maximum yearly payment, from $1,140 to $1,250, but in 1928 by
chapter 38 this subsection was stricken from the act.
[Section 56, subsection (6 ), was amended by Acts of 1928, chapter 38, by
striking out “ 53 and 55 ” and substituting “ 52 to 55, inclusive.”
[Section 60 was amended by Acts of 1928, chapter 38, by striking out sub
section' (6) and substituting the follow ing:]
(6) When the board provides, or is liable to pay for, medical and surgical
attention, including nursing, hospitalization, drugs, dressings, X ray, special treat
ments, transportation, and the several matters and things which the board is em
powered by this act to provide for injured workmen, the amount payable to
any person in respect of such medical and surgical attention shall be fixed
by the board and no action shall lie against the board in respect o f any amount
greater than that fixed by it, nor in any event against the injured workman,
his employer, or any other person in respect of such medical and surgical
attention.
(6a) The board shall have power to make a per diem subsistence allowance
to any injured workman, when he is under its direction, undergoing treatment
at a place other than that in which he resides, but such subsistence allowance
shall not be greater than $2.50, or less than $1.50,
TEXT OF LAW S---- ALBERTA
223
[Section 66, subsection (1 ), was amended by Acts of 1928, chapter 38, by
striking out the words “ exceeding $500,” and substituting the words “ less than
$ 5 ” ; and subsection (2) by striking out “ $25” and substituting the words
“ not less than $5.”
[Section 69 was amended by Acts of 1928, chapter 38, by adding subsection
(2 ), to read as follow s:]
(2) Upon the direction of the lieutenant governor in council, restaurants and
retail shops, or either o f such classes of employment shall be added to Schedule
II of this act, and, upon such addition being made, the board shall have power
to define “ restaurant ” or “ retail shop ” and to- decide whether any establish
ment is or is not a restaurant or retail shop within the meaning o f such
definition.
[Section 70 was amended by Acts of 1928, chapter 38, by striking out para
graph (d) and inserting the following provision:]
Provided, however, That the repeal effected by this section shall not become
operative until after 60 days from the assenting to of this b ill: Provided further,
That such exemption shall continue to any class o f workmen whose organization
shall, in the aforesaid 60 days, have filed with the government an application
for a ballot being taken within four months from date of application being filed
among the members of the organization making such application: And further
provided, That upon it appearing that a majority o f those voting are in favor
of being brought under the provisions of this act, such class shall be brought
within the act by proclamation.
[Schedule II was amended by Acts of 1928, chapter 38, by adding “ hotels and
commercial greenhouses” to the list.]
[The enumeration of industrial diseases at the end of the schedule to the act
is repealed and the following is substituted:]
ENUM ERATION OF IN DU STRIAL DISEASES
Description of disease
Anthrax______________ ______
Glanders____________________
Lead poisoning or its sequelse__________
M ercury poisoning or its sequelse______
Phosphorus poisoning or its sequelse___
Arsenic poisoning or its sequelse________
Infection or inflammation of the skin or
contact surfaces due to oils, cutting
compounds, or lubricants, dust, liq
uids, fumes, gases, or vapors.
Description of process
Handling of wool, hair, bristles, hides,
and skins.
Care of equine animals suffering from
glanders; handling of carcasses of such
animals.
Any process involving the use of lead or
its preparations or compounds.
Any process involving the use of mer
cury or its preparations or compounds.
Any process involving the use of phos
phorus or its preparations or com
pounds.
Any process involving the use of arsenic
or its preparations or compounds.
Any industrial process involving the
handling or use of oils, cutting com
pounds, or lubricants, or involving
contact with dust, liquids, fumes,
gases, or vapors.
Quarrying, cutting, crushing, grinding,
or polishing of stone, or grinding or
polishing of metal; mining.
Pneumoconiosis, which shall be deemed
to be—
Silicosis.
Siderosis.
Lithosis.
Poisoning by benzol or by nitro and Any industrial process involving the use
amido derivatives of benzol, anilin,
of benzol or a nitro or anilin de
and others.
rivative of benzol or its preparations
or compounds.
Subcutaneous cellulitis of the hand Mining or other industries which require
(beat hand).
continued use of hand tools.
BRITISH COLUMBIA
[The Workmen’s Compensation Board of British Columbia is charged with
the administration of the old age pension act by chapter 50, Acts of 1927.]
224
NOVA SCOTIA
[The compensation law of 1915 (R. S. 1923, ch. 129) of this Province was
amended by Acts of 1927, chapters 37 and 38, and Acts of 1928, chapters 42 and
43. Chapter 6 of the Acts of 1927 provided for the same rates of assessment of
the fishing industry and the lumbering industry for the year 1927 as existed
in 1926 and was of temporary value. The changes are indicated below.
[Section 2 was amended by Acts o f 1928, chapter 42, by adding a new sub
section (r) to read as follow s:]
(r) “ Navigation ” shall include all kinds of operations carried on by means
of a ship as defined by the Canada shipping act.
[ Section 3 was amended by Acts of 1928, chapter 42, by striking out the word
“ fishing ” in the sixth line.
[Section 4, subsection 1, was amended by Acts o f 1928, chapter 42, by correct
ing a typographical error in the statutes o f 1923, by striking out the word
“ without ” and substituting the word “ within ” in the fourth line. In Bulletin
423 (p. 639), section 4 is printed as corrected.
[Section 0 was amended by Acts o f 1928, chapter 42, by adding a new sub
section, (4 ), to read as follow s:]
(4)
When a workman is found dead in the underground workings o f a coal
mine at a place where the workman had a right in the course of his employment
to be, it shall be presumed that his death was the result o f personal injury
by accident arising out of and in the course of his employment, unless there
be evidence of witnesses present at the time of death which is sufficient to
rebut such presumption. This amendment shall take effect retroactively as of
the 1st of January, 1926, and any person claiming compensation under this
amendment with respect to an accident which occurred more than six months
before the passing of this amendment shall have six months from the passing
of this amendment in which to make such claim and to establish his right to
compensation.
[Section 7, subsection (2) (6 ), was amended by Acts of 1928, chapter 42, by
striking out the words “ and fishing” in the second line and also by striking
out the following words in the tenth and eleventh lines, “ or to the making of
fishing trips or voyages from ports or places in Nova Scotia.”
[Section 9 was repealed in its entirety by Acts of 1928, chapter 42.
[Section 10 was amended by Acts of 1927, chapter 37, by adding the following
at the end of the section: “ Provided, That in case o f a widow who being a
resident of Nova Scotia, has become entitled to compensation payments under
this chapter, such payments shall not be forfeited or reduced merely by reason
of absence of said widow from the Province o f Nova, Scotia.”
[Section 18 was amended by chapter 38, Acts o f 1927, by adding a new sub
section, (14), to read as follow s:]
(14) To aid in getting injured workmen back to work and to insist in lessen
ing or removing any handicap resulting from their injuries, the board may take
such measures and make such expenditures as it may in its discretion deem
necessary or expedient, and the expense thereof shall be borne out of the acci
dent fund and may be collected in the same manner as moneys required to pay
compensation or expenses of administration: Provided, That the total expendi
ture under the provisions o f this section shall not exceed $20,000 in any
calendar year.
[Section 23 was amended by Acts o f 1928, chapter 42, to read as follow s:]
23. (1)' Each commissioner holding office at the time o f the enactment of this
section shall hold office during pleasure.
(2)
Each commissioner appointed after the enactment of this section shall,
subject to the provisions of section 24, hold office for a period of 10 years from
the date of his appointment, but may be removed at any time by the govemorin-council for cause.
225
226
PAR T VI. TEXT OF LAW S, CANADA, 1 9 2 7 - 2 8
(3) A commissioner on the expiration of bis term of office shall, if he has
not attained the age of 75 years, be eligible for reappointment.
[Section 49 was amended by Acts of 1927, chapter 38, by adding the
follow ing:]
(4) Where the board is! of opinion that the disability may be lessened to
some appreciable extent by the supplying of an artificial member or members
or of any apparatus, it may supply same to the workman and the cost thereof
shall be defrayed out o f the accident fund, and shall keep any artificial member
or apparatus so supplied in repair for a period of one year. This section shall
not apply to the renewal of an artificial member or members.
[Section 66 was amended by Acts of 1928, chapter 43, by adding thereto* the
follow ing:]
(2) I f an employer dies Intestate and no written notice be given to the board
within three months after the death of the employer that administration of
his estate has been granted, the board may pay to the widow of the deceased
employer any money that otherwise would be payable to the employer, provided
such amount be less than $100', and if there be no widow such amount may be
paid to any member of the family.
[Section 71 was amended by Acts of 1928, chapter 42, by adding the
follow ing:]
Notwithstanding anything contained in any other act, or in any amendment
that may be made to any other act, all judgments that may be entered by virtue
o f this section may be entered in the supreme court and enforced as a judg
ment of the supreme court, although the amount be less than $100. It is declared
that such was the effect o f this section from the date the act came into effect.
[Chapter 42 of the Acts o f 1928 amends the schedule contained in Part II by
inserting in the first column the word “ frostbite ” and by inserting in the second
column opposite the word “ frostbite5? the following w ords: “ any outdoor
work.”
[Acts of 1928, chapter 42, adds Part III, which provides for a method by
which losses in the fishing industry might be sustained outside of the workmen’s
compensation act. Part III (secs. 91 to 120) as added, is here reproduced
in its entirety.]
part
in
91. Every contract entered into in Nova Scotia whereby the relationship of
employer and workman, as defined by this act, arises in an industry to which
this section is made to apply by virtue of section 92 hereof, and whereby the
workman agrees to perform or by virtue of which he does perform any work or
services both within and without Nova Scotia shall be deemed to include and be
subject to the following covenant on the part of the employer with the workman,
which shall bind the employer, his heirs, executors, administrators, successors,
and assigns, as fully and as effectually as if executed in writing and under seal
by the employer, viz:
Employer's covenant with workman
Subject to the provisions of section 91 of the workmen’s compensation act the
employer, for valuable consideration and as a condition of the workman’s consent
to perform or of his performing work or services both within and without Nova
Scotia, covenants with the workman and his dependents as defined by said com
pensation act, that in the event of an accident happening to such, workman, or
o f his suffering from an industrial disease mentioned in the schedule in said act
while so employed, the workman, or in case of his death his: dependents, shall be
entitled to compensation upon the same scale, and in like manner and under like
circumstances, as would be payable under Part I of said act if the industry were
within the scope o f Part I.
92. The foregoing section, shall apply to the industry o f fishing, and any other
industry carried on by means o f a fishing vessel or vessel usually employed
or intended to be employed in fishing, or partly in fishing and partly in other
forms of navigation, and all work incidental thereto', and then only to the
work or services performed or to be performed by a workman as an officer
or member of the crew o f a; ship registered in Nova Scotia or operated by an
employer residing or having a place of business in Nova Scotia, and fo r the
period that the operations of the vessel are carried on within Nova Scotia
or confined to the making of voyages or trips between places in Nova Scotia,
New Brunswick, Prince Edward Island, or Newfoundland, or to the making
TEXT OF LAW S---- NOVA SCOTIA
227
o f fishing1trips or voyages from ports or places in Nova Scotia. Any industry
within the scope of section 91 shall not be within the scope o f section 7.
93. The employer in an industry within the scope of this part shall secure
the payments for which he is liable by insuring and keeping same insured to the
extent of his liability with some reliable insurance carrier or underwriter.
94. Such workman or his dependents, as the case may be, shall be entitled to
recover compensation from such employer, and such employer shall be liable
for the payment of compensation to such workman or his dependents as pro
vided by said statutory covenant of the employer and the provisions o f this
part.
95. Notwithstanding anything contained in the insurance policy or contract,
any workman or dependent entitled to compensation under this part may en
force payment against the insurance carrier by making such carrier a party
to any proceeding commenced against the employer, and the insurance carrier
shall be equally liable with the employer for the payment o f such compensation:
Provided, however, That payment in whole or in part by either employer or the
insurance carrier shall to the extent thereof be a, bar to the recovery against
the other of the amount so paid, and the insurance carrier shall in all things
be bound by and subject to the orders, findings, decisions or awards made
against the employer in any proceeding to which the insurance carrier has been
made a party.
96. In respect to the industry o f fishing, a person who becomes a member of
the crew of a fishing vessel referred to in Section 92 under an agreement to
prosecute a fishing voyage or voyages in the capacity of a sharesman, or who
is described in the shipping articles as a sharesman, or who agrees to accept
in payment for his services any share or portion of the proceeds or* profits of
the venture, with or without other remuneration, shall be considered and deemed
to be a workman within the meaning of this part.
97. The owners of or p e r so n s operating such ship shall be deemed to be em
ployers within the meaning o f this part.
98. A member of the crew o f such ship, who is remunerated for his services
in the manner mentioned in section (96) hereof, shall, in case of accident where
the compensation payable depends upon the earnings! or average earnings of
such workman, be deemed to earn wages at the rate of $780 a year.
99. Notwithstanding anything contained in this part in the event of an acci
dent involving injuries or loss of life to the whole or any^ members o f crew
o f a vessel to which section 91 applies, the limit of liability for the payment
o f compensation with respect to all claims o f members of the crew injured and
o f all claims of dependents o f members of the crew whose deaths were caused
by such accident shall not exceed $50,000, exclusive of costs and expenses, and
if the payment of compensation would exceed such limit the compensation that
otherwise would be payable to each person shall be reduced proportionately.
100. ( a) I f the employer has reason to believe that the claims arising from
an accident may exceed the aggregate of $50,000 referred to in section (99)
hereof, he may give notice in writing to each person entitled to make a claim,
or he may publish a notice in a newspaper published in the county in which
the employer or managing owner o f the vessel resides, and also in two morning
papers published in Halifax, by at least one insertion each week for four con
secutive weeks, requiring all persons having claims arising out o f such acci
dent to send a written notice of such claim to the employer at an address and
before a date to be stated in the notice or in the advertisement, which date shall
not be less than three months nor more than four months after the service of
such notice or the first publication of such advertisement.
(&)
A workman making a claim for disability shall state the nature of the
accident, his disability, his age and address, and every dependent making a
claim shall state his or her address, age and relationship to the deceased
workman. In the case of a child a claim may be made on behalf o f such child
by a parent or by any other person. The employer shall notify the agent
in Nova Scotia of the insurance carrier or the broker through whom the in
surance was effected, o f each claim received, and if the employer or insurance
carrier disputes the right o f any claimant to compensation the employer or
insurance carrier shall give notice to that effect to the claimant within 30 days
after the claim was received by the employer, and such notice shall give the
name of the insurance carrier with whom the employer has insured his liability.
I f the employer or insurance carrier fails to do so the right o f the claimant to
compensation, but not the amount thereof, shall be admitted.
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PAST VI. TEXT OF L A W S, CANADA, 1 9 2 7 - 2 8
(c) Within 10 days after the expiration of the time limited to admit or
contest the right of the last claimant to compensation the employer shall apply
to the judge of the county court for the district in which the employer or the
managing owner resides by a chambers summons, which may be the first step
in the proceedings, fixing a time for the hearing o f all such claims, and a notice
o f the time so fixed shall be served by the employer upon every claimant whose
right to make a claim has been admitted or contested, and in the case of a
child such notice! shall be served upon the person making the claim on behalf
o f such child. Such notice may be served personally or may be served by the
mailing of a registered letter addressed to the person entitled to such notice.
Such notice shall be served at least 10 days before the date fixed for the hear
ing. On such hearing such judge shall have jurisdiction to determine whether
or not any claimant whose claim has been contested is entitled to compensation,
and the amount o f compensation that any claimant is entitled to, and any
other question that may arise, and if the aggregate o f the compensation that
would be payable, including the capitalized value o f periodical payments and
estimates where estimates may be m ade,'is greater than $50,000, each claim
shall be reduced proportionately so that the aggregate shall be $50,000. No
costs shall be awarded to or against any claimant or the employer in connec
tion with such hearing, provided the amount so awarded be paid as herein
after provided within 40 days after the date of the award. If not so paid any
person entitled to compensation may obtain a chambers summons from the
judge of the county court who made the award requiring the employer and the
insurance carrier to show cause why judgment should not be entered in favor
o f the claimant for the compensation awarded including the capitalized value
o f the compensation payable periodically and if at such hearing it be shown
that the amount has not been paid, an order for judgment shall be granted,
wrhich may include such amount and all costs o f the claimant prior to and
after the making o f the award.
( d ) Where it is found that the aggregate of the claims wrill exceed $50,000,
the judge, before he has finally fixed the proportionate amount that each claim
ant is entitled to, may, upon such terms as he sees fit, allow any claimant who
failed to comply with the provisions of this section, to appear before the judge
to prove his right to compensation and to have the amount to which he is
entitled, if any, determined by the judge, and thereafter such claimant shall
have the same rights and remedies as if he had complied with all the provisions
o f this part.
101. In all cases where it is reasonable to believe that the total compensation
payable as the result of any accident will not exceed $50,000, a claimant shall
give to the employer notice o f the nature o f his claim, his age and address,
which notice may be given by registered letter addressed to the “ owners ” o f
the vessel at its port o f registry, or to the managing owner. The claimant may,
after the expiration o f 30 days from the giving o f such notice, and the employer
may either before or after such period, apply to the county court judge for the
district in which the employer or managing owner resides, by a chambers sum
mons, to have the right of the claimant to compensation, the amount o f com
pensation he may be entitled to, and any other questions that may arise, deter
mined. The insurance carrier shall be made a party to such proceeding.
102. The county court judge referred to in this part shall have jurisdiction
to decide all questions that may arise between a claimant and the employer
or insurance company, irrespective of the amount involved, and his decision
shall be final and there shall be no appeal and no right o f appeal therefrom.
103. The judge shall have the right to submit his findings to the workmen’s
compensation board to ascertain the amount that would be allowed if the in
dustry were under Part I at the time of the accident, and the certificate of the
said board may be acted upon by the judge.
104. In every case where the judge finds that a claimant is entitled to
periodical payments of compensation for life or for any definite period the
judge shall obtain from the workmen’s compensation board a certificate stating
the present or capitalized value of the periodical compensation payments with !
interest computed at the rate of 3% per cent per annum, which the board shall ]
make up in accordance with the practice o f the board, and such amount shall
be included in the order against the employer and the insurance company, if
a party to the proceedings.
105. Where such periodical payments referred to in section 104 are ordered
the capitalized value thereof as set forth in the order, with interest at 5 per cent
TEXT OF LAWS---- KOVA SCOTIA
229
from the date of the order, shall be paid by the employer or insurance carrier
to the workmen's compensation board, and thereafter all such periodical pay
ments shall be made by the board, and upon payment of such amount to the
board, the employer or insurance company shall be taken to have satisfied the
award or judgment to the extent of the money so paid. I f the employer or in
surance carrier fail to pay such amount to the said board the claimant in whose
favor the award has been made shall be entitled to enforce the order by judg
ment and execution or by a mandamus or other order. I f the amount o f such
capitalized value be obtained by execution the sheriff shall pay same, together
with any interest on such amount from the date the order was made, to thei
workmen’s! compensation board, and any surplus shall be payable to the execu
tion creditor. I f the full amount o f such capitalized value and interest thereon
be not paid to the 'workmen’s compensation board either by the employer, the
insurance carrier or by the sheriff, the amount of the periodical payment may
be proportionately reduced, and the board shall not be liable for any payments
except in so far as it has received funds for that purpose. The moneys so
received by the board shall be transferred to the pension reserve account of the
board and shall be dealt with the same as if the amount so received were the
capitalized value of an award made under Part I. Notwithstanding anything
contained in any award or order of the county court judge, when moneys have
been paid to the board for the purpose of making payments of compensation,
the board shall have the same powers and authority with regard to such pay
ments that it has with respect to cases within the scope of Part I, including the
commutation of payments, the making of advances, and the withholding or
suspending of payments.
106. Any summons or notice shall be deemed to be properly served upon
the insurance carrier when served upon the agent or broker in Nova Scotia
through whom the employer obtained the insurance. Any notice other than a
chambers summons may be served by mailing such notice in a registered letter
addressed to the party to be served, and shall be deemed to be served the fourth
day after the mailing of such notice.
107. A dependent unless domiciled in Nova Scotia at the time o f the accident
causing the death o f a workman, shall not be entitled to any compensation
under this part.
108. A workman, unless domiciled in Nova Scotia, who meets with an acci
dent causing1temporary disability shall be entitled to' compensation only while
remaining in Nova Scotia, but should he leave Nova Scotia, whether tem
porarily or otherwise, he shall not be entitled to any further compensation, but
should such workman sustain permanent partial disability or permanent total
disability such, workman shall be entitled to one-half the compensation that he
would be entitled to if domiciled in Nova Scotia.
109. The word “ compensation ” as used in this part shall not include burial
expenses, medical aid o f any kind, artificial appliances, the right to rehabilita
tion, nor any benefit mentioned in Part I except compensation payments re
ferred to in Part I.
110. An employer required under this part to> insure his liability shall upon
the request of any workman of such employer, or upon the request o f the
attorney general, state whether or not he has obtained such insurance, and
failure to do so, or failure to obtain such insurance, shall make him liable at
the suit o f such workman or of the attorney general to be restrained by injunc
tion from carrying on or continuing such industry until he obtains such in
surance.
111. Except as provided in this part, section 17 shall be applicable to claims
arising under this part, substituting however, the words “ the said county court
judge ” for the word “ board,” and the words “ Part III ” in place o f the word
“ part ” wherever same occur in said section IT.
112. Sections 11, 12, 13, 14, 15, and 16 shall apply to employers and workmen
and their dependents who are within the scope of this part, but in such applica
tion the word “ part ” therein used shall refer to Part III, “ board ” shall be
changed to “ the county court judge,” and “ chapter” shall be changed to
“ Part III.”
113. For the purpose o f determining all questions that may arise in proceed
ings brought under this part before the county court judge, he shall have powers
similar to those conferred upon the board with respect to cases within the scope
o f Part I, except in so far as the same are at variance with the provisions o f
this part, and during the period of temporary total, temporary partial, or
permanent partial disability he may review any case from time to time and
230
PART Y I. TEXT OF LA W S, CANADA, 1 9 2 7 - 2 8
as often as may be necessary to determine the amount of compensation which
should be paid to any workman, and the period for which same should be paid.
Where it ist necessary to* determine whether or. not the aggregate o f all claims
will exceed $50,000, the judge shall make the best estimate he can to cover any
cases of temporary total, temporary partial, or permanent partial disability, or
the degree of any disability and the likely duration thereof. I f the aggregate
of all compensation payable exceeds the limit of $50,000, the amount found by
such estimate, when proportionately reduced, shall form the basis for the
award in such cases, and when incorporated in the final order shall not be
subject to review.
114. Except where the aggregate of compensation payable may exceed the
limit mentioned, compensation for temporary total disability or for temporary
partial disability may be paid by the employer or the insurance carrier to the
workman without bringing the case before the county court judge, but if any
dispute should arise either party may apply to such judge, and no agreement
of the workman to accept less than he may be found entitled to shall be binding
upon him.
115. All contracts o f insurance covering liability of an employer under this
part shall be deemed to be made in Nova Scotia and shall be deemed to cover
the entire liability of the employer under this part, including all costsl and
expenses he may be obliged to pay and any term or condition in the contract
to the contrary shall be invalid.
116. “ Accident ” wherever it appears in this part shall be deemed to include
disability arising from any o f the industrial diseases mentioned in the schedule
to this act.
117. Any of the provisions of this part relating to the procedure for obtaining
compensation, the method o f determining the amount of compensation, and the
manner of enforcing payment, may be changed or added to by order of the
governor-in-council, and such order shall have the same effect as an act o f the
legislature.
118. The employer or insurance carrier shall be at liberty to make provisional
payments, or the judge may order provisional payments t& be made pending the
final determination o f the amount o f compensation any claimant may be entitled
to, and all such payments shall be taken into consideration by the judge when
making the final order.
119. Members of the crew who charter, or otherwise obtain the use o f a
vessel from its owners, and who operate such vessel as partners shall not be
deemed to be workmen, and as to them or any person hired by them, the owners
shall not be deemed to be employers, within the meaning of this part.
120. The time limited for giving any notice or for doing any act may be
extended by the said judge where he is satisfied that some injustice would
otherwise be done.
ONTARIO
[The workmen’s compensation act of this Province (Acts of 1914, ch. 25)
was amended by Acts of 1927, chapter 46, and Acts of 1928, chapter 26. The
changes are indicated below.
[Sec. 1, subsection 1 (b) (R. S. 1927, ch. 179), was amended by chapter 26,
Acts of 1928, by adding thereto the following words “ and for the payment of
the salaries o f the commissioners.”
[Section 6, subsections 1 and 2 (as later amended), was repealed by chapter
46, Acts of 1927, and the following subsections substituted: ]
6.
Accidents outside Province.— (1) Where the place o f business or chief
place of business of the employer is situated in Ontario and the residence and
usual place of employment of the workman are in Ontario and an accident
happens while the workman is employed out o f Ontario and his employment out
of Ontario has lasted less than six months, the workman or his dependents
shall be entitled to compensation under this part in the same manner and to
the same extent as if the accident had happened in Ontario.
(la ) WThere the place of business or chief place of business of the employer
is situate in Ontario and the residence of the workman is out o f Ontario
but his usual and principal place o f employment is in Ontario and an accident
happens while the workman is out of Ontario merely for some temporary
purpose connected with his employment, the workman or his dependents shall
be entitled to compensation under this part in the same manner and to the
same extent as if the accident had happened in Ontario.
(2)
Where an accident happens out of Ontario and the employer’s place of
business or chief place of business is situate out of Ontario and the workman
is entitled to compensation under the law o f the place where the accident hap
pens, the compensation, shall not be payable to the workman or his dependents
whether he is resident within or without Ontario unless his place o f employ
ment is within Ontario and he is at the time of the accident out o f Ontario
merely for some casual or incidental purpose connected with his employment.
(2a) Where an accident happens out of Ontario on a steamboat, ship, or vessel
or on a railway and the workman is a resident of Ontario and the work or
service rendered by himf is required to be performed both within and without
Ontario, the workman or his dependents shall be entitled to compensation under
this part as if the accident had happened in Ontario.
(2&) Except *as provided in this section no compensation shall be payable
under this part where the accident to the workman happens while he is employed
elsewhere than in Ontario..
[Section 9, subsection 3, was amended by chapter 46, Acts of 1927, by inserting
after the word “ names ” in the sixth line the words “ or in the name of the
board.”
[Section 47 (R. S. 1927, ch. 179) was amended by chapter 26, Acts o f 1928, by
adding the following section, 47a, which reads as follow s:]
47a. Where a workman is entitled to compensation and it is made to appear
to the board (a) that such workman is no longer residing in Ontario but that
his wife or child or children under 16 years of age are still residing therein
without adequate means of support and are, or are apt to become, a charge upon
the municipality where they reside or upon private charity; or? (b) that the
workman although still residing in Ontario is not supporting his wife and chil
dren as aforesaid and an order has been made against such workman by a court
of competent jurisdiction for the support or maintenance of such wife or family,
or for alimony, the board may divert such compensation in whole or in part
from such workman for the benefit of the wife or children of the said workman.
[Section 59 (R. S. 1927, ch. 179) was repealed by chapter 26, Acts o f 1928,
and the following is thereby substituted:]
59. The salaries of the commissioners shall be fixed by the lieutenant governor
in council and shall be payable out o f the accident fund as part o f the adminis
tration expenses o f the board.
231
232
PABT VI. TEXT OF LAW S, CANADA, 1 9 2 7 - 2 8
[Section 94 was amended by chapter 46, Acts of 1927, by striking out the words
“ the clerk o f the county or district court ” in the seventh line and inserting in
lieu thereof the words “ the clerk o f any county or district court or where the
amount remaining unpaid does not exceed $200, with the clerk of any division
court.”
[Section 113 (R. S. 1927, eh. 179) was amended by chapter 26, Acts of 1928,
by adding subsections (9 a) and (9&), which read as follow s:]
(9a) For the purposes of this act tuberculosis shall mean tuberculosis of
the respiratory organs when on examination of any person it is found that,
(a) such person expectorates the tubercle bacillus; (6) such person has closed
tuberculosis to such a degree as to seriously impair his working capacity and
to render prohibition o f his working underground advisable in the interests- of
his health.
(9&) The board is authorized to appoint such medical officers as may be
required to carry out the provisions of the mining act and amendments thereto
with regard to the examination of employees or applicants for employment and
the remuneration and expenses of such officers shall be paid out of the rates
imposed for payment of silicosis claims.
S u p p l e m e n t a l A ct
[Chapter 16, Acts of 1928, amends “ the mining act ” by adding thereto the
following section: ]
157a. (1) Every workman employed underground in any mine shall be
examined by a medical officer appointed under the provisions of the workmen’s
compensation act relating to silicosis at least once in every 12 months, and
every applicant for underground work to whom the certificate mentioned in
subsection 2 has not been issued shall be so examined.
(2) I f the medical officer finds upon examination that the workman is free
from tuberculosis o f the respiratory organs, he shall certify in the prescribed
form that such isi the case, and shall deliver the certificate to the workman.
(3) Every such certificate shall remain in force for not more1than 12 months
from the date of issue, and if so required by the manager or superintendent o f
the mine in which the workman is employed, it shall be delivered to and remain
in the custody of such manager or superintendent during the period of the
workman’s employment and shall be returned to him on his being discharged
from or leaving the same.
(4) A like certificate shall be required in the case of a workman engaged in
any ore or rock crushing operation at the surface o f the mine except where the
ore or rock is crushed in water or a chemical solution and is kept constantly in
a moistened or wet condition.
(5) Except as provided in subsection 4 a workman as to whom such a cer
tificate is not in force shall not be employed in underground work in any mine
or in ore or rock-crushing operations at the surface of any miife.
(6) The chief inspector of mines may exempt from the foregoing provisions
o f this section such mines as do not contain silica in quantity4likely to produce
silicosis, or which for any other good and sufficient reason the said chief in
spector deems should be exempt, nor shall such provisions apply to workmen
employed underground for a less period than 50 hours in any one calendar
month.
(7) The lieutenant governor in council may make regulations prescribing the
nature o f the medical examination to be! made and the form of certificate to be
issued under the foregoing provisions of this section and generally for the
better carrying out of the requirements of this section.
QUEBEC
ACTS OF 1928
C
h apter
79.— An act respecting workmen's compensation
1.
The Revised Statutes, 1925, are amended by replacing chapter 274 thereof
by the follow ing:
Chapter 274.— Workmen’s compensation
I. Title.—-This act may be cited as: the workmen’s compensation act, 1928.
II. Meaning of certain words.— In this act, unless the context otherwise re
quires :
1. The word u commission ” means the workmen’s compensation commission
created under chapter 275 of these Revised Statutes;
2. The word “ minister ” means the minister of public works and labor;
3. The word “ insurer ” means any fixed premium or mutual insurance com
pany engaged in workmen’s compensation insurance under this act, and also
every employer or head of the enterprise or owner of the industry who becomes!
his own insurer according to section 24.
III. Scope of law.— Accidents happening by reason of or in the course o f their
work to workmen, employees, and apprentices engaged in one o f the enter
prises subjected to the provisions of this act, namely:
1. The work of building, including the business of demolishing.
2. Factories, manufactories, or workshops.
3. Stone, wood, or coal yards.
4. Lumbering operations, including protection service and the floating o f
timber.
5. Any transportation business by land or by water, or loading or unloading.
6. Any gas or electrical business:.
7. The business o f building, repairing, or maintaining public roads, railways,
tramways, telephones, telegraphs, waterworks, drains, sewers, dams, wharves^
docks, elevators, bridges, or other similar work.
8. Mines or quarries.
9. Any industrial enterprise or yard, in which explosives are manufactured,
used or kept, or in which machinery is used, operated by power other than that
of men or o f animals, but only i f such accident is caused by such machine or
discharge o f such explosives.
10. Any commercial establishment, but only if the accident which happens
in such an establishment is caused by an elevator to the persons in charge of
same, or if the accident happens in a workshop forming part o f the establish
ment and is caused to workmen of such workshop by machinery operated by
power other than that o f men or o f animals.
Shall entitle the injured person or his representatives to compensation as
hereinafter determined.
IV. 1. Exemptions.— A workman who usually works alone shall not be sub
ject to liability under this act from the fact o f one or more other workman
casually working with him, or from the fact o f the members of his family,
who live with him, habitually working with him.
2. The employer of less than seven workman, even permanently, shall not be
subject to the provisions o f this act.
3. Nevertheless, such patron or employer may place himself under the pro
visions of this act if he gives notice to the commission in the form adopted by
its special rules.
V. This act shall not apply to agricultural industries, nor to domestic service,
nor to navigation by means of sails even wrhen the vessel is equipped with an
auxiliary motor.
VI. Public and mercantile employees.—The Government o f the Province o f
Quebec and corporations shall, on the same footing as individuals, be subject to
233
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PAST VI. TEXT OF LA W S, CANADA, 1 9 2 7 - 2 8
these provisions whenever they carry on any enterprise subjected to the pro
visions o f this act.
VII. 1. Employers to whom this act does not apply may place themselves
under its provisions, if they enter into a written agreement for such purpose
with their workmen, employees and apprentices individually in the manner and
according to the formalities prescribed by the special rules established under
the workmen’s compensation commission act (ch. 275). Such agreement shall
avail only from' the date of its receipt by the workmen’s compensation com
mission.
2. During the period agreed upon, the respective legal rights and obligations
of the signatories of the said agreement with regard to accidents happening
by reason of or in the course of the work shall be governed by these provisions
to the exclusion of any other law.
VIII. Common-law rights.—This act shall not do away with any o f the
common-law rights o f action belonging to any persons who can not avail them
selves of its provisions.
IX. A minor, 14 years of age, who is injured in an accident happening by
reason o f or in the course of his work may alone recover the indemnities due
to him under this act.
X. Workmen, employees, and apprentices, domiciled in this Province, who are
engaged therein to go and work outside its territory, or their representatives,
shall not be entitled to the benefit from the provisions of this act by reason
o f accidents happening outside the Province, except when the law of the place
where the accident occurred grants them no indemnity.
XI. Benefits.—The compensation, to which the person injured in the acci
dents covered by section 3, the paragraph 3 of article 4, and articles 6 and 7
o f this act is entitled, shall be as follow s:
1. Permanent total.— In case of permanent total incapacity, the injured person
shall be entitled to a rent equal to two-thirds (66% per cent) of his yearly
wages; but the aggregate of the sums so paid shall not exceed $10,000.
Without restricting the meaning of “ permanent total incapacity,” the loss
o f both eyes, both hands or both feet shall in all cases be deemed to constitute
permanent total incapacity.
Where the accident results in an injury which does not, in itself, constitute
permanent total incapacity but which aggravates an already existing permanent
injury so that the workman becomes totally incapacitated, then the workman
shall be compensated as for permanent total incapacity, taking into account,
however, what he is receiving or has already received.
2. Permanent partial.— In case o f permanent partial incapacity, the injured
person shall be entitled to a rent equal to two-thirds (66% per cent) o f his
yearly wages payable for the period of time fixed, on a basis of four weeks for
each 1 per cent of incapacity.
In the cases enumerated in the schedule to this act, the degree o f incapacity
shall be that mentioned in the said schedule.
In cases not provided for in said schedule, the degree of incapacity shall be
determined by the nature o f the injury, taking into account the incapacity
mentioned in the schedule for the cases therein enumerated as well as the
injured person’s capacity to continue the same kind o f work as he was doing
before the accident or to take up another kind of occupation.
Where an accident resulting in permanent partial incapacity causes more
than one kind of the injuries enumerated in the said schedule, the compensation
shall be payable for a period of time based upon the sum of the various percent
ages of incapacity set out in the schedule for each of the cases applicable to
the injured person.
I f a case of permanent partial incapacity involves temporary total incapacity,
the injured person shall be entitled, for such temporary incapacity, to the com
pensation provided by this act, for the healing period, not exceeding six months,
in addition to the compensation allowed for the permanent partial incapacity.
^I f an already existing permanent partial incapacity is aggravated by a new ac
cident, which extends the previous injury to a more serious permanent partial in
capacity, the compensation for such new accident shall be based on the difference
between the percentage o f incapacity resulting from the first accident and that
resulting from the second.
In any of the cases above provided in this paragraph 2, the sums so paid
shall not exceed an aggregate of $5,000 for permanent partial incapacity.,
3. a. In case of temporary total incapacity which has lasted less than seven
days, the injured person shall be entitled to medical attendance.
TEXT OF LAW S---- QUEBEC
235
&. In case of temporary total incapacity which lasts seven, days or more but
less than six weeks, the injured person shall be entitled, to compensation equal
to two-thirds (66% per cent) o f his daily wages at the time o f the accident, for
the period o f such incapacity, beginning on the eighth day after the accident.
c. In case of temporary total incapacity which, lasts six weeks or more, the
injured person shall be entitled to compensation equal to two-thirds (66% per
cent) o f his daily wages at the time o f the accident, for the period of such
incapacity, beginning on the day o f the accident.
d. The compensation for temporary total incapacity shall be payable at the
time when and place where payment of wages is usually made in the enterprise,
but the interval between payments shall not exceed 15 clays.
X II. 1. In all cases o f permanent incapacity, the compensation shall be
payable in the form of a monthly rent, from the end of the period, o f indemnity
for temporary incapacity in accordance with the provisions) o f this act, until
the total amount allowed by the act has been paid.
2. In all cases o f permanent incapacity, payment o f compensation shall cease
upon the death o f the injured person.
X III. In cases of permanent incapacity or temporary total incapacity, the
compensation payable to the injured person shall not exceed $20 weekly or
the equivalent monthly, and shall not be less than $6 per week or than the
equivalent monthly, unless the workman’s wages be less than this amount,
in which case the compensation shall be equal to the wages which the work
man was then receiving.
In cases of permanent incapacity, if the injured person is under 21 years of
age, the compensation shall not be less than $6 per week or than the equivalent
monthly.
XIV. 1. Death .—When the accident results in death, a rent shall be payable
monthly, starting from the death, to the representatives, hereinafter designated,
of the deceased, in the order in which they are enumerated, and each degree
excluding those following:
a.
To the surviving consort, not divorced nor separated from bed and board,
provided the marriage took place before the accident, a rent equal to 30 per
cent of the yearly wages of the deceased, payable until the death or remarriage
of such consort. I t the deceased has left legitimate or legitimatized children,
under 16 years o f age, the rent to the consort shall be increased in the following
proportions, until they attain the full age of 16 years or die before having
attained such age.
For one child, 10 per cent of the yearly wages of the deceased;
For two children, 20 per cent of the yearly wages of the deceased;
For three children and more, 30 per cent of the yearly wages of the deceased;
In the event o f remarrying, the consort shall lose the right to his or her share
o f the rent but shall continue to receive that allotted to the children. Where
the widow who is receiving a rent remarries, she shall receive a final allowance
equal to her share of the rents for 12 months;
&.
T o each child, under* 16 years of age, who is without father and mother,
a rent equal to 20 per cent of the yearly wages, of the deceased, until he reaches
the full age o f 16 years or dies before reaching such a g e; the total o f such rents
not to exceed 60 per cent o f the yearly wages. Such rent shall be payable to
the tutor. I f there are more than three children, the maximum total o f the
rents shall be divided equally among those entitled thereto as long as each is
entitled thereto.
o.
I f there be no consort surviving or children, qualified to receive under the
preceding subparagraphs a and b o f this subsection 1, each o f the ascendants
and descendants, of whom the deceased was the principal support, shall receive,
subject to subsection 2 of this section, a rent, payable to the ascendants for life
or until the payment of the maximum fixed by the said subsection 2, as the case
may be, and to the descendants until the age o f 16 years if they attain such age,
equal to 10 per cent of the yearly wages of the deceased; the total amount of
the rents so allowed not to* exceed 30 per cent of the yearly wages, and the said
total amount, to be divided, when there is occasion therefor, equally among
those entitled thereto as long as each is entitled thereto:
2.
For the purposes of this section, if the wages of the deceased workman
exceed $1,560 per annum, that amount only shall be taken into account, and
in no ease shall the aggregate rents awarded to the consort and the benefici
aries, under this section, exceed $6,000.
46675°— 29------- 16
236
PART VI. TEXT OF LA W S, CANADA, 1 9 2 7 - 2 8
XV. Medical etc. aid.— Accidents which are provided for by this act shall,
in addition, entitle the injured person or his representatives, as the case may b e :
1. T o all medical, surgical, pharmaceutical, and hospital charges according
to a tariff approved by the lieutenant governor in council, as well as to
charges of transporting the injured person to the nearest hospital. Wherever
there is more than one hospital, the injured person may select one o f his own
choice;
2. T o the supplying, and normal renewing, during a period of 12 months,
o f prosthetic and orthopedic appliances, the use whereof is deemed necessary;
and
3. In case of death, to the actual funeral expenses, but to the extent of
$125 only.
XVI. The employer must procure for the injured person, whose mother tongue
is French or English, the services of a physician and, if required, of nurses
speaking his language. Should he fail to do so, the injured person may provide
them himself at the expense o f the employer. The physicians, nurses, and hos
pital establishments having had the care of the injured person may recover,
from the employer, the head of the enterprise, or the insurer, but, if there is
no agreement to the contrary, only to the extent o f the sums fixed by the tariff,
the cost o f their services on the decision of the commission according to the
special rules established and homologated by a judge of a court of competent
jurisdiction, upon a summary petition.
X V II. The injured person shall be bound, but not oftener than once a month,
i f the employer requires him so to do in writing, to submit to an examination
by a' practicing physician chosen and paid by the employer, and, if he refuses
to submit to such examination or opposes the same in any way, his right to
rents, allowances, and compensation as well as any remedy to enforce the same
shall be suspended until the examination takes place.
The person injured shall, in such case, always be entitled to demand that
such examination shall take place in the presence of hisi physician.
X V III. 1. Payments exempt.— The! rents, allowances, and compensation
awarded under this act shall be inalienable and exempt from seizure.
2.
The rents, save those for temporary incapacity, shall be payable monthly,
at the domicile o f the person entitled thereto, or at any other place, in the
Province, indicated by him.
X IX . Computing wages.— The yearly wages upon which the rent is based shall
be, in the case o f a workman engaged in the business during the 12 months next
before the accident, the actual remuneration allowed him during such time,
whether in money or in kind.
In the case of a workman employed less than 12 months before the accident,
such wages shall be the actual remuneration which he has received since he was
employed in the enterprise, plus the average remuneration received by workmen
of the same class during the time necessary to complete the 12 months.
I f the work is not continuous, the yearly wages shall be calculated both
according to the remuneration received while the work went on and according to
the workman’s earnings during the remainder o f the year*
In the case where the workman receives a fixed wage, any remuneration he
may have received for overtime shall not be taken into account in calculating
his yearly wages.
X X . Liability.—The debtor may, at any time, free himself from the duty of
effecting the rental payments for which he is liable by paying the capital of
such rents to an insurance company, approved by the lieutenant governor in
council, which shall in his place undertake the duty of effecting the rental
payments.
X X I. Burden of liability.— The rents, allowances, and compensation estab
lished by this act shall be at the charge of the injured person’s immediate em
ployer ; but the head of the enterprise and the owner of the industry for which
such employer is acting as a contractor, subcontractor, or otherwise, shall also
be considered as employer and, as such, shall be jointly and severally liable with
such immediate employer, toward the injured person or his representatives, for
the payment o f such rents, allowances, and compensation.
The head of the enterprise or owner of the industry, after having paid, may
recover the amount so paid from the party responsible.
X X II. 1. Damages resulting from accidents happening by reason o f or in the
course o f the work shall only entitle— as against the employer, the head o f the
enterprise, or the owner of the industry—the injured person or his representa
tives, in the cases provided for in this act, to the compensation which it fixes.
TEXT OF LAW S---- QUEBEC
237
2. Apart from the rights granted tinder this act, the injured person or his
representatives shall retain, against the authors of the accident, other than the!
employer or the head of the enterprise or the owner o f the industry or his
servants or agents, the right to claim compensation for the damage caused, in
accordance with the rules of common law.
3. The compensation granted them shall free to that extent the employer,
the head of the enterprise and the owner of the industry from the obligations
put upon them. Such action against the third parties responsible may even be
exercised by the employer^ the head of the enterprise and the owner of the in
dustry, at their own risk, in the place and stead of the injured person or his
representatives, if such person or representatives neglect to avail themselves of
it within a delay of 15 days after being put in default in writing.
X X III. Insurance.— 1. With the exception of the Crown, of municipal, school,
ecclesiastical and governmental corporations, and of railways under the control
of the Parliament of Canada, every enterprise covered by this act shall, subject
to the penalties, obligations, and responsibilities therein provided, previously
obtain from a fixed premium or mutual insurance company, approved by the
lieutenant-governor in council, on the recommendation o f the superintendent of
insurance, an insurance policy satisfactory to the commission by which the in
surer undertakes to perform the obligations imposed, under this act, upon the in
sured for any accidents of which his! workmen, employees, or apprentices may be
the victims by reason of or in the course of their work, and shall transmit to the
commission a copy of such insurance policy certified by the insurer or a cer
tificate of insurance in the1form approved by the commission, at the option of
the commission.
2. The insurance must be kept in force by the insured as long as he continues
to engage in the enterprises covered by this act.
3. A certificate o f the renewal o f such insurance policy satisfactory to' the
commission shall be furnished to the said commission at least, 10 days before
its expiry.
4. The insurance shall not be canceled or annulled by the insurer except
after 10 days’ notice to the commission.
X X IV .— Same— Insurance.—Any employer, head of the enterprise or owner
of the industry may, at the discretion of the commission, be exempted from
taking out the insurance mentioned in section 23 by obtaining from the com
mission a license to be his own insurer for the purposes of this act. Such license
shall only be granted on the following conditions:
1. The application made to the commission for the license must be accom
panied b y :
a. A statement of the wages paid for the previous year, with the number of
employees;
b. An estimate of the total pay roll and number of employees! for the1coming
year;
c. A statement of the sums due for past workmen’s compensation accidents;
d. A certificate of the deposit or an authentic copy of the surety bond or
guarantee policy required in such case by this act. The above statements which
accompany the demand shall be sworn to.
2. The application for the license shall be made in the manner, form and tenor
required by the special rules.
X X V . Security.— 1. In order to guarantee payment of the compensation, allow
ances and rents for which such self-insurer may be bound, the latter shall:
a. Deposit in the name of the commission, in a chartered bank, or in a trust
company specially approved by the lieutenant governor in council, a sum of
money or securities approved by the commission, for an amount equal to what
he owes for workmen’s compensation with, in addition 5 per cent of the aggre
gate wages paid in the previous year, the whole to be not less than $10,000
and a maximum of $50,000 may in any case be deemed sufficient by the commis
sion ; or
b. Furnish to the commission a surety bond or guarantee policy, in the form
required by the commission, by a guarantee insurance company specially ap
proved by the lieutenant governor in council for the purposes o f this act, for
the amount determined in subparagraph a, immediately preceding.
2.
In the case of a deposit, the commission shall retain it for the benefit
of the persons who may be entitled, as against the self-insurer, to any pay
ment under this act. In the case of security, the commission shall be the bene
ficiary on behalf of such persons.
238
PART VI. TEXT OF LA W S, CANADA, 1 9 2 7 - 2 8
3. Any award of the commission, ordering the self-insurer to pay compensa
tion, allowance, or rent, may, if not satisfied within the 15 days after the date
on which it was rendered, be executed as a judgment of the superior court, after
it has been homologated by a judge o f the said court upon summary petition,
against such deposit or against the surety, if need be, in accordance with section
28 of the workmen’s compensation commission act (ch. 275).
4. The license under section 24 shall be granted for a period of not more than
one year. Ten days before its expiry it may be renewed at the discretion
o f the commission upon the conditions and with the formalities required for the
initial license.
5. The commission may authorize the bank or trust company to pay to the
depositor the interest on the money or securities deposited in accordance with
subparagraph a of subsection 1 of this section.
X X V I. Default.— 1. The insurer shall be bound to pay, upon default by the
insured, the compensation, allowances and rents payable by the latter under
this act, to the extent and so far as the said insurer is obliged thereto by the
insurance contract between him and the insured.
2. The self-insurer shall be liable for the obligations imposed upon the insurer
by this act.
X X V II. Deductions from wages.— It is forbidden for any employer or head
o f the enterprise or owner of the industry to make any retention o f any
part of the salary or wages of his workmen or employees for purposes of
insurance against accidents happening by reason o f or in the course o f their
work, even with the consent o f such workmen or employees.
2. Any agreement under which such a retention is made or authorized shall
be null and o f no effect.
3. In any case where such retention is made, the workman, apprentice, or
employee, in the three months following the termination of his contract of
employment, may recover, before any court o f competent jurisdiction, the
amount so unlawfully withheld from his salary or wages.
Subsections 1, 2, and 3 of this section shall not apply to employees, who,
individually and in good faith, take out; supplementary insurance policies and
who give written orders to their employers to* pay the premiums out o f their
wages or salary.
X X V III. Notice.— Every person, other than the government of the Province
of Quebec, liable for the payment of the rents, allowances and compensation
awarded under this act, on account o f an accident entailing incapacity for
more than 7 days and happening in an enterprise subjected thereto, shall,
within 15 days after such accident, give notice thereof to the commission in the
form and tenor and in the manner determined by the special rules enacted by
the commission under the authority of the workmen’s compensation commis
sion act (ch. 275) ; failing which he shall incur the fine provided for an offense
against this act.
X X IX . Same.— Notice of any accident shall be given to> the employer within
10 days, by the injured person or his representatives. In default o f such
notice, the person injured and his! representatives are deprived of their right
to compensation, unless they prove, to the satisfaction o f the commission, that
they have been prevented from giving such notice for reasons deemed sufficient
by the commission.
X X X . Penalties.— 1. Every person carrying on an enterprise covered by this
act who fails to1comply with the obligation to» be insured in accordance with its
provisions shall be liable) to a fine of not less than $100 and not more than
$1,000 payable to the Crown, with costs; and, in default of paying the fine
imposed and the costs, the person in default, and, in the case o f a corporation,
the president and manager thereof, shall be liable to an imprisonment of not
less than 8 days and not more than 30 days.
2.
The fine and imprisonment may be repeatedly imposed until the party in
default has complied with this act.
X X X I. Same.— Every person who, fo r the purpose o f obtaining a compensa
tion, rent, or allowance under this act, or of escaping the liabilities imposed
by its prbvisions, is guilty of guile, fraudulent concealment, or false declara
tions, or is an accomplice therein, shall be liable to a fine o f not less than $100
and not more than $500, payable to the Crown, with costs; and in default o f
paying the fine imposed and the costs, the person in default, and, in the case o f
a corporation, the president and the manager thereof shall be liable to an im
prisonment of not less than 8 days, and not more than 30 days.
239
TEXT OP LAWS— QUEBEC
X X X II. Same.—Every offense against any provision o f this act, other than
those provided for in sections 30 and 31, shall render the person guilty o f same
liable to a fine o f not less than $50 and not more than $200, payable to the
Crown, with costs ; and in default of paying the fine imposed and the costs,
the person in default, and, in the case of a corporation, the president and the
manager* thereof, shall be liable to an imprisonment of not less than 8 days
and not more than 30 days.
X X X III. Same.— Suits for the recovery o f the fines and the imposition o f
the penalties for offenses against this act shall be governed by the provisions
o f the Quebec Summary Convictions Act (ch. 165).
X X X IV . Effect.— The following shall be null plena jure, non existent and
of no effect: Agreements made contrary to the provisions of this a c t; and every
obligation contracted and every transaction the effect whereof may be to pre
vent an injured person or his; representatives from receiving the entire amount
o f the compensation provided and from having the full enjoyment thereof.
X X X V . Time limit.—The application for compensation shall be made within
12 months from the date o f the accident, after which the right to claim com
pensation shall cease.
X X X V I. Application.— Such application shall be made to the workmen’s com
pensation commission created under the workmen’s compensation commission
act (ch. 275), in accordance with the provisions o f said act and the rules and
orders enacted under its authority.
2. This act shall not apply to cases pending or begun before the first day o f
September, 1928, nor to the accidents happening before such date.
3. The acts 16 George V, chapter 32, and 17 George V, chapter 67, are repealed.
4. Section 3 o f this act shall come into force on the day o f its sanction, and
the other sections o f this act shall come into force on the first day o f September,
1928.
Schedule— Degrees of permanent partial incapacity
x
,
„
„
Loss or loss of use of:
Percentage of
incapacity
Arm at shoulder: 1
R i g h t _____ _______________
L e f t ______
_____________
Arm between shoulder and el
bow: 1
R ig h t.. _ ________________
Left _ _ _ _______________
Arm below elbow or hand at
wrist: 1
Right______________________
Left________________________
Thumb: 1
Right______________________
Left________________________
Index finger: 1
Right_________ __
_____
Left_______________
____
Middle finger: 1
R i g h t ___________ _________
Left _ _ _
____ __
_ ___
Ring or little finger: 1
R igh t-_
_
_ _
Left _
First phalange of finger except of
thumb and of index finger: 1
50 per cent of incapacity for
whole finger.
First phalange of thumb or of
index finger:1 75 per cent of
incapacity for whole finger.
i A nd the opposite for a left-handed person.
55
50
46
38
42
32
12
8
9
5
3
2
2
1
_
,
.
„
LOSS Of LOSS of U se of:
Percentage of
incapacity
More than one phalange of finger
or thum b:1 Incapacity the
same as for whole finger or
thumb.
Multiple finger injuries:1 Inca
pacity equal to the sum of
that awarded for each finger
but not to exceed 25 per cent.
Leg at hip
__ _ __ -----Leg between hip and knee__
Leg at knee_____
___
Foot at ankle___ __
Great toe_____ __ _ __ -----Any other toe__
First phalange of toe: 50 per
cent of incapacity for whole
toe.
More than one phalange of toe:
Incapacity the same as for
whole toe.
Multiple toe injuries: Incapac
ity equal to the sum of that
awarded for each toe but not
to exceed 6 per cent.
One eye __ __________________
Both ears (hearing)____________
One ear or hearing of one ear.—
75
50
44
38
3
1
20
25
3
240
C hapter
PAET VI. TEXT OP LAWS, CANADA, 192 7 - 2 8
80.— An act respecting the ivorkmen's compensation commission
1.
The Revised Statutes, 1925, are amended by replacing chapter 275 thereof
by the follow ing:
Chapter
275/— Workmen’s Compensation Commission
1. Title.—This act may be cited as the workmen’s compensation commission
act.
II. Administration.— A commission is established, called “ Workman’s compen
sation commission,” with its head office in the city of Quebec, composed of three
members, who shall be appointed by the lieutenant governor in council, one of
whom as president shall receive a salary o f $10,000 per annum, and each of the
other two a salary o f $8,000 per annum.
The commissioners shall attend exclusively to the work o f the commission and
to the duties of their office; they shall not engage in any other employment,
trade, industry, or profession.
III., Same— Reports.—The commission shall make an annual report to the
minister of public works and labor at the date fixed by him.
Such annual report shall include all work done by the commission during the
year and contain all information respecting the number, nature, and seriousness
o f accidents to workmen happening by reason of or in the course of their work,
and the compensation awarded.
IV. Same— Quorum.— The quorum of the commission shall be two members.
V. Same— Dissolution.—The commission shall not be dissolved by reason o f the
death or resignation of one or more of its members.
VI. Same— Secretary.—The lieutenant governor in council shall appoint a sec
retary for the commission. The said secretary shall receive a salary of $5,000
per annum.
VII. Same— Staff.— The commission shall be assisted by a staff appointed by
the lieutenant governor in council, who shall also fix the salary of each o f the
members of such staff.
VIII* Same— Duties of.— The secretary and staff shall perform the duties re
quired of them by the commission.
In addition to the duties assigned to him by the commission, the secretary
shall be obliged to assist those applying for compensation under the workmen’s
compensation act, 1928 (ch. 274), or under this act, and to represent them
before the commission or the commissioners, as the case may be, without other
remuneration than the salary attributed to him.
IX. Same—Expenses.— 1. The salaries of the commissioners and expenses for
office accommodation and furniture for the commission shall be borne by the
government of the Province and be paid out of the consolidated revenue fund.
2. Such expenses for office accommodation and furniture shall be paid after
approval by the minister o f public works and labor.
3. The lieutenant governor in council may authorize the provincial treasurer
to advance to the commission, out of the consolidated revenue fund, such sum as
he may determine to defray other expenses not already provided for in the
manner prescribed in the following section.
The commission shall be accountable for the advance so made.
X. Same—Expenses.— 1. Except the salaries and expenses for office accom
modation and furniture assumed by the government under section 9, all expenses
incurred through the administering of the
@FedFRASER