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U. S. DEPARTMENT OF LABOR
BUREAU OF LABOR STATISTICS
R O Y A L M E E K E R , C o m m issio n er
BULLETIN OF THE UNITED STATES )
j \T~
OA 1
BUREAU OF LABO R STATISTICS ] ............. \ lNUo L T J
WORKMEN* S INSURANCE AND COM PEN SATIO N
SERIES
WORKMEN’S COMPENSATION LEGISLA
TION OF THE UNITED STATES AND
FOREIGN COUNTRIES, 1917 AND 1918
SEPTEM BER , 1918
W A S H IN G T O N
GOVERNM ENT
P R I N T I N G O F F IC E
1918
CONTENTS.
Pago,
Introduction.................. ........................................................... - ....................................
7-9
Reports of commissions.................................................................................................. 9-11
U t a h ........................................................................................................................ 10,11
Virginia......................................................................................................................
11
New legislation................................................................................................................ 12-15
Analysis of principal features of the laws.............................................................. .. 16-53
Alaska........................................................................................................................
16
Arizona......................................................................................................................
17
California............................................... ...................................................................
18
Colorado....................................................................................................................
19
20
Connecticut..............................................................................................................
Delaware....................................................................................................................
21
Hawaii.................................................................................................... *.................
22
Idaho............-.............................................................................................................
23
24
Illinois.......................................................................................... ............................
Indiana......................................................................................................................
25
Iowa............................................................................................................................
26
Kansas........................................................................................................................
27
Kentucky..................................................................................................................
28
Louisiana...................................................................................................................
29
Maine.........................................................................................................................
30
Maryland...................................................................................................................
31
Massachusetts...........................................................................................................
32
Michigan....................................................................................................................
33
Minnesota............................................................................. ....................................
34
Montana.....................................................................................................................
35
Nebraska....................................................................................................................
36
Nevada.......................................................................................................................
37
New Hampshire.......................................................................................................
38
New Jersey................................................................................................................
39
New M exico..............................................................................................................
40
New Y ork........................................................ .........................................................
41
Ohio............................................................................................................................
42
Oklahoma..................................................................................................................
43
Oregon........................................................................................................................
44
Pennsylvania............................................................................................................
45
Porto R ico .................................................................................................................
46
Rhode Island............................................................................................................
47
South Dakota............................................................................................................
48
Texas..........................................................................................................................
49
Utah...........................................................................................................................
50
Vermont.....................................................................................................................
51
Virginia......................................................................................................................
52
Washington...............................................................................................................
53
West Virginia............................................................................................................
54
Wisconsin.............................................................. ...................................................
55
Wyoming....................................................................................................................
56
3
4
CONTENTS.
Analysis of principal features of the laws—Concluded.
Page.
United States, civil em ployees............................................................................
57
United States, war r isk ..........................................................................................
58
Constitutionality and construction of statutes............................... ... ....................... 59-94
Due process of law...................................................................................................59, 60
Jury trial................................................................................................................... 60,61
Liability without fault........................................................................................... 61, 62
Abrogation of employers’ defenses.......................... ............................................ 62, 63
Classification............................................................................................................. 63-65
Exercise of judicial powers....................................................................................
65
Freedom of contract................................................................................................ 65, 66
Particular provisions of the laws.......................................................................... 66-94
Injuries compensated...................................................................................... 67-73
Accidents................................................................................................... 67-69
Occupational diseases............................................................................ 69, 70
Disfigurement............................................................................................70, 71
Accidental injury as proximate cause............................................... 71-73
Coverage....................1...................................................................................... 73-82
Domestic and farm labor.......................................................................
73
Hazardous em ploym ent.........................................................................
73
Casual employment................................................................................ 73-75
Other exclusions...................................................................................... 75. 76
Public employees....................................................................................76,77
Extraterritoriality.....................................................................................77, 78
Admiralty . <.............................................................................................. 78, 79
Interstate commerce.............................................................................. 79-82
Arising out of and in course of employment............................................... 82, 83
Liability of third parties................................................................................
84
Partial disability..............................................................................................
85
Total disability................................................................................................. 86, 87
87
D ependence......................................................................................................
87
Basis of awards........................ ........................................................................
Settlements........................................................................................................ 87, 88
Medical treatment............................................................................................ 88-90
Notice and claim .............................................................................................. 90, 91
A ppeals.............................................................................................................. 91, 92
Insurance........................................................................................................... 92-94
Insurance business transacted...................................................................................... 94, 95
Workmen’s compensation laws of foreign countries................................................ 96-102
Alberta....................................................................................................................... 96,97
Austria............................................................................. ......................................... 97,98
Bulgaria.....................................................................................................................
98
Chile...........................................................................................................................
98
Great Britain.............................................................................................................
99
Italy............................................................................................................................
99
Manitoba.................................................................................................................. 99,100
New Brunswick........................................................................................................
100
Newfoundland...........................................................................................................
101
New South Wales.....................................................................................................
101
New Zealand.............................................................................................................
101
Nova Scotia...............................................................................................................
102
Ontario.......................................................................................................................
102
Q uebec.......................................................................................................................
102
Switzerland...............................................................................................................
102
Western Australia.....................................................................................................
102
CONTENTS.
5
Page.
Appendix: Text of workmen’ s compensation laws of the United States........ 103-461'
A lask a...................................................................................................................
103
California............................................................................................................... 105-134
Colorado................................................................................................................. 135-143
Connecticut........................................................................................................... 145-148
Delaware................................................................................................................149-162
Hawaii....................................................................................................................163-166
Idaho......................................................................................................................167-187
Illinois....................................................................... ............................................ 189-208
209
Indiana................................................................................................................ .
Iow a....................................................................................................................... 211-216
Kansas....................................................................................................................217-230
K entucky..............................................................................................................
231
Louisiana.............................................................................................................. 233-239
.Maine......................................................................................................................
241
Massachusetts....................................................................................................... 243-245
Michigan. ............................................................................................................ 247, 248
Minnesota..............................................................................................................
249
Nebraska............................................................................................................... 251-261
Nevada................................................................................................................... 263-272
New Jersey............................................................................................................ 273-282
New M exico.......................................................................................................... 283-296
New Y ork.............................................................................................................. 297-301
Ohio........................................................................................................................ 303-307
Oklahoma..............................................................................................................
309
Oregon................................................................................................................... 311-330
Pennsylvania........................................................................................................ 331, 332
Porto R ico............................................................................................................ 333-342
Rhode Island........................................................................................................ 343-346
South Dakota........................................................................................................ 347-362
Texas........................................................................... ......................................... 363-382
Utah....................................................................................................................... 383-398
Vermont................................................................................................................ 399-403
Virginia............................................................................................... ................ 405-422
Washington........... ............................................................................................... 423-432
Wisconsin.............................................................................................................. 433-450
W yoming............................................................................................................... 451-453
United States........................................................................................................ 455-461
BULLETIN OF THE
U. S. BUREAU OF LABOR STATISTICS.
WASHINGTON.
WHOLE NO. 243.
SEPTEMBEB, 1918
WORKMEN’S COMPENSATION LEGISLATION OF THE
UNITED STATES AND FOREIGN COUNTRIES,
1917 AND 1918.
BY LINDLEY D. CLARK.
IN T R O D U C T IO N .
T h e p re s e n t b u lle t in is p r e p a r e d as a s u p p le m e n t t o B u lle t in N o .
2 0 3 , its m a in p u r p o s e b e in g t o p r e s e n t th e e n a c tm e n ts , n e w a n d
a m e n d a t o r y , m a d e b y th e S ta te le g is la tu r e s d u r in g th e y e a r 1917
a n d u p t o J u ly , 1918, o n th e s u b je c t o f c o m p e n s a t io n o f w o r k m e n
f o r in ju r ie s . S o m e c h a n g e s in f o r e i g n le g is la t io n a re a lso n o te d .
I n 1917 a c t io n w a s ta k e n in th is c o u n t r y in 32 ju r is d ic t io n s , 5 S ta te s
e n a c t in g th e ir firs t la w s o n th e s u b je c t, a n d a m e n d a t o r y a cts b e in g
p a s s e d in 25 S ta te s a n d T e r r it o r ie s , w h ile 2 S ta te s p a s s e d s u p
p le m e n t a r y la w s . O n S ta te p a s s e d a n o r ig in a l a c t in 1918 a n d in 6
S ta te s a m e n d a to r y ®r s u p p le m e n t a r y a cts w e r e p a sse d . A lis t o f
th e S ta te s, e tc., in w h ic h c o m m is s io n s o f in v e s t ig a t io n h a v e b ee n a p
p o in t e d , a n d in w h ic h la w s h a v e b e e n e n a c te d , f o l l o w s :
T A T E S , ETC., IN W H IC H COMMISSIONS W E R E A P P O IN T E D A N D IN W H IC H COM PEN
SATIO N L A W S W E R E E N A C T E D A N D A M E N D E D , B Y Y E A R S , TO J U L Y , 1918.
Year compensa
tion law was
enacted.
State, etc.
Alabama..........................
Alaska.............................
Arizona___ . . . . . . . . . . . .
California.......................
Colorado..........................
Connecticut....................
Delaware.........................
Hawaii.............................
Idaho...............................
Illinois.............................
Indiana...........................
Iowa.................................
1 Voluntary.
Year
com
mission
was ap
pointed. Origi
nal.
State, etc.
Amend
ment or
substi
tute.
1915
1911
1907
1911
1905
1913
1911
1915
1912
1911
1915
1913
1917
1915
1917
1911
1915
1913
Year compensa
tion law was
enacted.
1917
1913
/1913,1915
\ 1917
1917
1915,1917
Kansas.......
Kentucky..
Louisiana..
Maine.........
M arylan d..
Year
com
mission
was ap
pointed. Origi
nal.
a 1913
1911
2 1914
1914
1915
1912
1903
1911
1911
1909
3 1910
3 1910
1912
1913
1 1915
1912
Massachusetts..
*” 1917**’
J im , 1915
t
1917
1917
1817
M ichigan...
Minnesota..
M issouri. . .
M ontana...
* Law declared unconstitutional.
Amend
ment or
substi
tute.
1913.1917
1916.1918
1916.1918
1917
1914.1916
(1912,1913
J1914,1915
11916,1917
I 1918
jl913,1915
\ 1917
1515.1917
2 1909
* Appointed b y the governor.
1915
w o r k m e n ’s
8
COMPENSATION LEGISLATION.
S T A T E S , ETC., IN W H IC H COMMISSIONS W E R E A P P O IN T E D A N D IN W H IC H C O M P E L
SATIO N L A W S W E R E E N A C T E D A N D A M E N D E D , B Y Y E A R S , TO JU L Y , 1918—Concluded.
State, etc.
Nebraska.............
Year compensa
tion law was
enacted.
Year
com
mission
Amend
was ap
ment or
pointed. Origi
nal.
substi
tute.
1911
1913
1911
1911
1917
(1913,1915
\ 1917
1910
1911
1911,1912
1913,1914
1917 i
19181
N evada.................
N ew Hampshire.
N ew Jersey.
1917
New Mexico—
2 1910
New Y o r k ........
North Dakota..
O h io......... ........
Oklahoma.......
Oregon.............
Pennsylvania.
1911
1910
a 1911
1911
1911
1915
1913
1915
ri9is;i9i4
*{1915,1916
11917,1918
/1913,1914
\1915,1917
1915,1917
19171
State, etc.
Philippine Islands.
Porto R ico ...............
Rhode Island..........
South Dakota.........
Tennessee.................
Texas........................
Utah.........................
V erm ont..................
Virginia....................
Washington.............
West Virginia.........
W isconsin................
W yom ing.................
United States.........
Year compensa
tion law was
enacted
Year
com
mission
was ap
Amend
pointed. Origi ment or
nal.
substi
tute.
1905
1916
1912
1907.1912
1917'. 1918
/1913,1915
\ 1917
1917
1913
1911
1915
1913
1918
1910
11911
1909
1910
1 Supplemental law.
2 Two laws, one (com pulsory) declared unconstitutional
8 Appointed by the governor.
1913
1917
1915
1918
1911
1913
1911
1915
1908
1917
"mi"*
/1 9 i3 ,1915
1 1917
1915
/1913,1915
\ 1917
1917
J1909,1911
\1912,1916
'
The appointment of commissions for investigative purposes and
for drafting laws has practically ceased, no commission of this kind
having been provided for by the legislatures in session during the
years under consideration. Such cessation is natural in view of the
fact that 38 States, besides the Territories of Alaska and Hawaii and
the island possessions of Porto Rico and the Philippine Islands, now
have laws of this kind; also because the necessity for such investi
gations that formerly existed has been practically met by the scope
of past achievements. It is to be noted, however, that in Michigan,
after five years of experience under a compensation law, the governor
was authorized to appoint a commission of three members when
ever in his opinion the compensation law should be found unfair to
cither employees or employers, this commission to be charged with
the duty of investigating the workings of the act and reporting
thereon with recommendations as to needed changes or amendments:
and the Legislature of Oregon provided for a committee of its mem
bers to study the questions of carrying on the work of the State acci
dent commission without State aid and of making the law compul
sory; while in Louisiana the matter of compensation insurance
through a State commission was referred to a committee of the legis
lature.
A statutory commission is still in existence in Alabama, and volun
tary commissions will presumably report to the approaching sessions
o f the legislatures in Missouri and Tennessee. The following table
shows the action taken by way of appointment of commissions and
REPORTS OF COMMISSIONS.
9
e n a c tm e n t o f la w s d u r in g e a ch y e a r sin c e th e b e g in n in g o f th e p r e s e n t
m o v em en t:
N U M B E R OF W O R K M E N 'S CO M PE N SA TIO N COMMISSIONS A N D L A W S , B Y Y E A R S , TO
J U L Y 1, 1918.
Year.
Commis
sions
formed or
provided
for.
etc.,
States, etc., States,
enacting
enacting
amending
original
or substi
law.
tute laws.
1
1
2
1903...............
1905...............
1907...............
1908...............
1909...............
1910...............
1911...............
1912...............
1913...............
1914...............
1915...............
1916...............
1917...............
1918...............
3
8
12
1
7
T otal..
39
3
1
11
1
1
10
4
7
2
9
1
5
1
i
l
2
13
4
11
6
25
5
42
1 United States.
S in c e th e c o m p ila t io n o f B u lle t in N o . 2 03 th e U n it e d S ta te s E m
p lo y e e s ’ C o m p e n s a tio n A c t o f S e p te m b e r 7 ,1 9 1 6 , h a s b ee n m a d e e ffe c
t iv e b y th e o r g a n iz a t io n o f th e c o m m is s io n a d m in is te r in g it, a c tu a l
w o r k o f th e c o m m is s io n b e g in n in g A p r i l 1, 1917. T h is a ct is r e
s tr ic te d in its o p e r a t io n to th e c iv il e m p lo y e e s o f th e U n it e d S ta te s.
I n th is c o n n e c tio n m e n tio n s h o u ld b e m a d e o f a n a ct o f O c t o b e r 6,
1917, w h ic h p r o v id e s c o m p e n s a tio n f o r d e a th o r d is a b ility r e s u lt in g
fr o m p e r s o n a l in ju r y s u ffe r e d o r d ise a se c o n tr a c te d in th e lin e o f
d u t y b y a n y c o m m is s io n e d officer o r e n lis te d m a n , o r b y a n y m e m b e r
o f th e A r m y o r N a v y N u rs e C o r p s (fe m a le ) o f th e U n it e d S ta te s,
w h e n e m p lo y e d in a c tiv e s e rv ice . T h is is e s p e c ia lly s ig n ific a n t in a s
m u ch as it is a n e x p r e s s io n o f a p u r p o s e o f C o n g r e s s to su b stitu te th e
c o m p e n s a tio n id e a f o r th e lo n g -s t a n d in g p e n s io n sy ste m in u se in th is
p a r t ic u la r fie ld .
O f th e fiv e S ta te s w h ic h e n a c te d o r ig in a l la w s in 1917, D e la w a r e
a n d I d a h o p r o v id e d f o r th e la w s t o ta k e e ffe ct J a n u a r y 1, 1 9 1 8 ; N e w
M e x ic o , J u n e 8, 1 9 1 7 ; S o u th D a k o ta , J u n e 1, 1 9 1 7 ; a n d U ta h , J u ly
1, 1917. T h e la w o f V ir g in ia , e n a cte d in 1918, co m e s in t o o p e r a tio n
o n J a n u a r y 1, 1919. A c ir c u it c o u r t o f th e T e r r it o r y o f H a w a ii d e
c la r e d th e c o m p e n s a tio n la w o f th a t T e r r it o r y u n c o n s titu tio n a l o :i
J u n e 28, b u t a d e c is io n o f th e su p re m e c o u r t o f th e T e r r it o r y , h a n d e d
d o w n D e c e m b e r 11, 1917, r e v e rs e d th e d e c is io n o f th e c ir c u it c o u r t
a n d d e c la r e d th e a ct c o n s titu tio n a l a n d v a lid .
R E P O R T S O F C O M M IS S IO N S .
T h r e e le g is la t iv e c o m m is s io n s w e re in e x is te n c e a t th e b e g in n in g
o f 1917, e a ch c h a r g e d w it h th e d u t y o f p r e p a r in g c o m p e n s a tio n la w s
10
w o r k m e n 's
c o m p e n s a t io n
l e g is l a t io n .
in S ta te s w h ic h h a d e n a c te d n o la w s o n th e s u b je c t. T h e sessio n o f
th e L e g is la t u r e o f A la b a m a b e in g q u a d r e n n ia l, n o r e p o r t is t o b e
e x p e c t e d in th a t S ta te u n til n e a r th e tim e o f th e m e e t in g o f th a t b o d y
in 1919.
UTAH.
T h e U t a h c o m m is s io n r e p o r t e d t o th e le g is la t u r e o f 1917, its
se v e n m e m b e r s h a v in g b e e n a p p o in t e d b y th e g o v e r n o r o n M a r c h 1,
1916, u n d e r a le g is la t iv e a u t h o r iz a tio n “ t o in q u ir e in t o th e q u e s tio n
o f e m p lo y e r s ’ lia b ilit y a n d o th e r m a tte r s , a n d p r o v id e f o r a n a p
p r o p r ia t io n t h e r e fo r .” 1 T h e c o m m is s io n w a s w it h o u t fu n d s o th e r
th a n a n a m o u n t t o r e im b u r s e it f o r e x p e n se s n o t in e x ce ss o f $500.
T h e in v e s t ig a t io n w a s t h e r e fo r e n e c e s s a r ily c o n d u c t e d in th e m a in b y
c o r r e s p o n d e n c e a n d t h r o u g h th e e x a m in a t io n o f s u ch m a te r ia l as
c o u ld b e s e c u re d b y req u est. A s a r e su lt o f its la b o r s th e c o m m is
s io n s e ttle d u p o n th e I n d ia n a sta tu te o f 1915 as a p r a c t ic a l b a sis
f o r its r e c o m m e n d a tio n s . S u g g e s tio n s w e r e d r a w n f r o m th e la w s
o f o th e r S ta te s, h o w e v e r . T h e c o m m is s io n b e lie v e d t h a t th e lim it a
tio n s o f th e S ta te c o n s t it u t io n r e s tr ic te d it to th e r e c o m m e n d a t io n
o f a n e le c tiv e la w , t h o u g h a c c e p ta n c e o f th e a ct w a s t o b e p r e s u m e d ,
a n d e m p lo y e r s w e r e t o b e r e q u ir e d to m a in ta in in s u r a n c e o r fu r n is h
s a t is fa c t o r y p r o o f o f fin a n c ia l a b ilit y t o m a k e d ir e c t p a y m e n ts . R e
je c t in g e m p lo y e r s w e r e t o lo se th e c o m m o n -la w d e fe n se s . F r e e m e d
ic a l a n d h o s p it a l s e r v ic e s w e r e t o b e p r o v id e d f o r th e firs t 30 d a y s
a ft e r th e in ju r y in a n a m o u n t n o t t o e x ce e d $100, su ch a id to b e
a c c e p te d b y th e e m p lo y e e u n d e r p e n a lt y o f lo s s o f c o m p e n s a t io n d u r
in g th e tim e o f r e fu s a l. F i f t y p e r c e n t o f th e w o r k m a n ’s w a g e s w a s
m a d e th e b a sis o f c o m p e n s a tio n , th e c o m p e n s a tio n p e r io d n o t t o e x
c e e d 333| w eek s, a n d b e n e fits b e in g lim it e d t o $ 4 ,0 0 0 as a m a x im u m .
N o n r e s id e n t a lie n b e n e fic ia r ie s w e r e r e s tr ic te d to h a lf b e n e fits, w ith a
m a x im u m o f $ 1,000. A n in d u s t r ia l b o a r d w a s t o a d m in is te r th e
l a w ; th e p r o p o s it io n t o c re a te a S ta te fu n d w a s n o t fa v o r e d .
T h e la w e n a c te d d iffe r e d fr o m th a t p r o p o s e d b y th e c o m m is s io n
in b e in g c o m p u ls o r y f o r a ll e m p lo y m e n ts in w h ic h f o u r o r m o r e
p e r s o n s a re e m p lo y e d , e x c e p t in a g r ic u ltu r a l a n d d o m e s t ic s e r v ic e .
A 55 p e r c e n t b a sis w a s a ssu m e d f o r c o m p e n s a tio n , w it h $ 4 ,5 0 0 m a x i
m u m b en efits. T h e v a lu e o f m e d ic a l s e r v ic e t o b e fu r n is h e d w a s
fix e d a t a m a x im u m o f $ 2 0 0 , a n d a S ta te fu n d w a s p r o v id e d fo r .
T h e w a it in g p e r io d w a s fix e d a t 10 d a y s.
C h a n g e s fr o m th e b ill w e r e g e n e r a lly in th e d ir e c t io n o f lib e r a lit y .
I t is o f in te re s t to n o te in th is c o n n e c t io n th a t t h e r e p o r t a s p r in t e d
in c lu d e d a m in o r it y r e p o r t b y o n e m e m b e r o f th e c o m m is s io n , w h o
1 U tah. R ep ort o f th e E m p lo y e rs ’ L ia b ility and W ork m e n ’ s C om p en sa tion C om m ission
to the T w e lfth S ession o f the L egislatu re o f U tah , to g e th e r w ith d r a ft o f the b ill sub
m itted .
[S a lt Lake C ity, 1 9 1 6 .]
62 pp.
REPORTS OF COMMISSIONS.
11
w a s u n w illin g t o s ig n th e r e p o r t o f th e m a jo r it y o n th e g r o u n d th a t
th e p r o v is io n s o f th e b i ll as d r a ft e d b y th e m w e r e la c k in g in f a i r
n ess a n d lib e r a lit y .
VIRGINIA.
T h e c o m m is s io n p r o v id e d f o r b y a jo in t r e s o lu tio n o f F e b r u a r y
5, 1 916, o f th e G e n e r a l A s s e m b ly o f V ir g in ia , s u b m itte d t o th e g o v
e r n o r a r e p o r t w it h a te n ta tiv e d r a ft o f a b ill f o r c o n s id e r a t io n in a n
t ic ip a t io n o f th e m e e t in g o f th e le g is la tu r e in J a n u a r y , 191 8 .1 T h e r e
p o r t it s e lf is b r ie f, d w e llin g firs t u p o n th e w id e a c c e p ta n c e o f th e
c o m p e n s a t io n p r in c ip le in th e U n it e d S ta te s. A s u m m a r y c o m p a r is o n
o f th e p r in c ip a l fe a tu r e s o f th e la w s is th e n r e p r o d u c e d , a ft e r w h ic h
th e s u b je c t o f in s u r a n c e is d isc u sse d , th e c o n c lu s io n b e in g a d v e r se t o
th e a d o p t io n o f a S ta te m o n o p o ly , t h o u g h a S ta te fu n d is r e c o m
m e n d e d , t o o p e r a te in c o m p e t itio n w it h o th e r m e th o d s o f in s u r a n c e .
I n th e d r a f t o f th e b i ll an e le c tiv e sy ste m w a s p r o p o s e d , b u t e le c t io n
w a s p r e s u m e d b y b o t h e m p lo y e r a n d e m p lo y e e in th e a b se n ce
o f c o n t r a r y n o tic e . E m p lo y e r s r e je c t in g th e a c t f o r f e i t th e
c o m m o n -la w d e fe n s e s , .w h ile e m p lo y e e s e le c t in g t o r e je c t th e
a c t a r e s u b je c t t o th o s e d e fe n s e s in ca ses in w h ic h th e e m p lo y e r
h a s n o t r e je c t e d it. A w a it in g p e r io d o f 14 d a y s is p r o p o s e d ,
w it h a 50 p e r c e n t c o m p e n s a tio n b a sis. B e n e fits m a y n o t c o n
tin u e b e y o n d 500 w e e k s, n o r e x c e e d a t o t a l o f $4,0 00. T h e a ct is t o
b e g e n e r a l in its s c o p e , e x c lu d in g ca su a l la b o r e r s a n d fa r m a n d
d o m e s t ic e m p lo y m e n t s ; e m p lo y e r s o f less th a n th re e p e r s o n s are n o t
c o v e r e d , t h o u g h v o lu n t a r y e le c tio n m a y b r in g in a ll e x c lu d e d e m
p lo y m e n t s a n d cla sses o f p e rs o n s , e x c e p t in g , o f co u r s e , th o s e e n g a g e d
in in te r s ta te c o m m e rc e . S ta te a n d m u n ic ip a l e m p lo y e e s a re c o m
p u ls o r ily in c lu d e d . P r o v is io n is m a d e f o r m e d ic a l b e n e fits f o r n o t
m o r e th a n 30 d a y s. P a y m e n t s t o c h ild r e n n o r m a lly cea se on th e ir
r e a c h in g th e a g e o f 18. T h e a c t is t o b e a d m in is te r e d b y a c o m m is
s io n a p p o in t e d b y th e g o v e r n o r f o r te rm s o f 6 y e a rs , a p p e a ls fr o m its
d e c is io n s b e in g a llo w e d t o th e c o u r t o f a p p e a ls . T h e b ill w a s
a m e n d e d b y e lim in a t in g a ll ste a m r a ilr o a d s fr o m its s c o p e , a n d b y
p r o v id i n g f o r a n a d m in is t r a t iv e fu n d b y a ta x o n in s u r a n c e c o m
p a n ie s a n d s e lf-in s u r e r s , a n d , w it h o th e r c h a n g e s o f less im p o r t a n c e ,
w a s p a sse d .
W i t h th e e x c e p t io n o f N o r t h D a k o t a , th e S ta te s n o w w it h o u t c o m
p e n s a t io n la w s a re c o n fin e d t o th e so u th e a s te r n s e c tio n o f th e U n it e d
S ta te s , b o u n d e d o n th e w e st b y M is s o u r i, A r k a n s a s , a n d M is s is s ip p i,
a n d o n th e n o r t h b y T e n n e s se e a n d N o r t h C a r o lin a .
1 Communication from the governor transmitting the report of the Virginia Commission
on Workmen’s Compensation. Senate Doc. No. 3, 1918. 32 pp.
12
w o r k m e n 's
c o m p e n s a t io n
l e g is l a t io n .
N E W L E G IS L A T IO N .
F iv e S ta te s in 1917 a n d o n e S ta te in 1918 a d o p te d a c o m p e n s a tio n
sy stem . I n I d a h o a n d U t a h th e la w s a re c o m p u ls o r y w h e r e a p
p lic a b le , w h ile in D e la w a r e , N e w M e x ic o , S o u th D a k o t a , a n d V i r
g in ia t h e y a re e le c tiv e , b u t e le c tio n is p r e s u m e d in th e a b se n ce o f
a c tio n to th e c o n t r a r y . C o m p e n s a tio n b e n e fits f o r t o t a l d is a b ilit y
c o n tin u e t h r o u g h l i f e in D e la w a r e , I d a h o , a n d U t a h , w h ile a lim it a
t io n o f 10 y e a r s a p p e a r s in th e la w o f N e w M e x ic o , o f 500 w e e k s in
th a t o f V ir g in ia , a n d u n t il fo u r y e a r s ’ e a r n in g s a re p a id in th a t o f
S o u th D a k o ta .
T h e b a sis o f c o m p e n s a tio n in D e la w a r e is 50 p e r c e n t o f th e e m
p lo y e e ’s w a g e s in ca ses o f d is a b ility , a n d m a y r e a c h 60 p e r c e n t in
ca ses o f d e a th . T h e sa m e p r o v is io n is fo u n d in th e la w o f N e w M e x
ico . I n V ir g in ia a 50 p e r c e n t b a sis, a n d in I d a h o a n d U t a h a 55 p e r
ce n t b a sis, is u se d in b o t h d e a th a n d d is a b il i t y ; in S o u t h D a k o t a d is
a b ilit y is c o m p e n s a te d o n a 50 p e r c e n t b a sis, d e a th b e n e fits b e in g
fix e d a t a m o u n ts e q u a l t o fo u r tim e s th e a v e r a g e a n n u a l e a r n in g s o f
th e d e ce a s e d p e r s o n , p a y a b le in in s ta llm e n ts e q u a l t o o n e -h a lf th e
w a g e s.
I n s u r a n c e o f th e e m p lo y e r ’s o b lig a t io n is r e q u ir e d in e a ch o f th ese
S ta te s, u n le ss a d e q u a te p r o o f o f fin a n c ia l a b ilit y is fu r n is h e d ; S ta te
fu n d s a re p r o v id e d f o r in I d a h o , U t a h , a n d V ir g in ia . A d m in is t r a
t io n o f th e a ct is in th e h a n d s o f s p e c ia l o fficia ls in a ll th e S ta te s
e x c e p t New" M e x ic o , w h e r e th e d is t r ic t c o u r t is c h a r g e d w it h s p e c ia l
d u tie s in c o n n e c t io n w it h th e a ct.
S p e c ia l in te re s t a tta c h e s to th e m o d e o f a d m in is t r a t io n a n d th e
fa c t th a t th e e m p lo y e r ’s o b lig a t io n m u st b e in s u r e d . E a c h o f th e
la w s a lso c o n ta in s a s c h e d u le o f p a r t ia l d is a b ilit y a w a r d s f o r s p e c ifie d
in ju r ie s .
T h e a m e n d in g a cts v a r y w id e ly in t h e ir im p o r t a n c e , th e la w s o f
C a lifo r n ia , P o r t o R ic o , a n d T e x a s b e in g p r a c t ic a lly r e w r itte n
t h r o u g h o u t , w h ile in s o m e S ta te s th e c h a n g e s a re o f s lig h t s ig
n ific a n c e . T h e la w o f I l l in o i s is m a d e c o m p u ls o r y in its a p p lic a t io n
in s te a d o f e le c tio n b e in g p r e s u m e d , w h ile o n th e o t h e r h a n d th e
m e th o d o f a p r e s u m e d e le c tio n is a b o lis h e d in N e v a d a , a n d a c tiv e
e le c tio n is r e q u ir e d . O c c u p a t io n a l d ise a ses a re d e fin ite ly in c lu d e d in
th e la w s o f C a lifo r n ia a n d H a w a ii. A g e n e r a l te n d e n c y is a p p a r e n t
as r e g a r d s th e r e d u c t io n o f th e w a it in g tim e w h ic h m u s t in te r v e n e b e
tw e e n th e r e c e ip t o f th e in ju r y a n d th e b e g in n in g o f c o m p e n s a tio n
p a y m e n ts . T h u s in H a w a ii, I n d ia n a , K a n s a s , K e n t u c k y , M in n e s o ta ,
a n d N e b r a s k a , a n d in V e r m o n t a ft e r J u ly 1, 1 9 1 8 ? a w a it in g tim e o f
t w o w e e k s o r 14 d a y s is r e d u c e d o n e -h a lf; w h ile in C a lifo r n ia th e
p e r io d is r e d u c e d fr o m 2 w eek s to 10 d a y s , a n d in C o n n e c tic u t fr o m
10 d a y s t o 7 d a y s . O n th e o th e r h a n d , W a s h in g t o n in c re a s e d th e
NEW LEGISLATION.
13
w a it in g p e r io d o f 1|- d a y s t o 7 d a y s , n o t c o u n t in g th e d a y o f th e in
ju r y . C o lo r a d o s t o o d a lo n e in r e q u ir in g a 3 -w e e k s w a it in g tim e ,
w h ic h w a s r e d u c e d t o 2 w e e k s in 1 9 1 7 ; w h ile th e n e w la w o f N e w
M e x ic o t o o k u p th e p o s it io n o f th e C o lo r a d o s ta tu te in e s ta b lis h in g
a 3 -w e e k s w a it in g tim e . T h e r e is a lso so m e in c lin a t io n sh o w n to
m a k e p a y m e n t f o r th is p e r io d o f w a it in g in cases w h e re d is a b ilit y
c o n tin u e s b e y o n d a d e fin ite tim e , th e p e r io d s s p e c ifie d b y th e se v e r a l
S ta te s v a r y in g fr o m 4 t o 7 w eek s.
T h e N e w Y o r k la w w a s in its o r ig in a l fo r m lim it e d in a p p lic a t io n t o
em p lo}^ m en ts te r m e d h a z a r d o u s , th e e m p lo y m e n ts so c o n s id e r e d b e in g
n a m e d a n d c la ss ifie d . A n a m e n d m e n t o f 1918 a d d s a n e w g r o u p
th a t in c lu d e s “ a ll o th e r e m p lo y m e n ts n o t h e r e in b e fo r e e n u m e r a te d ”
in w h ic h fo u r o r m o r e w o r k m e n o r o p e r a tiv e s are r e g u la r ly e m p lo y e d ,
th u s p r a c t ic a lly e lim in a t in g a ll d is tin c tio n s b a s e d o n h a z a r d . Q u e s
t io n w a s im m e d ia t e ly r a is e d as to th e m e a n in g o f th e te rm s u sed ,
a n d th e a tto r n e y g e n e r a l o f th e S ta te g a v e it as h is o p in io n th a t th e
p h r a s e “ w o r k m e n o r o p e r a t iv e s ” is less b r o a d th a n i f th e w o r d
“ e m p lo y e e s 55 h a d b e e n u se d a n d a p p lie s o n ly t o p e rs o n s e n g a g e d
in m a n u a l la b o r as m e c h a n ic s , la b o r e r s , o r a rtisa n s, a n d n o t t o c le r k s
o r th o s e e n g a g e d in p r o fe s s io n a l w o r k . I n th is v ie w , th e a ct w o u ld
n o t a p p ly t o an e s ta b lis h m e n t e m p lo y in g , sa y , t w o la b o r e r s a n d t w o
b o o k k e e p e r s , b u t it is a d m itt e d th a t th is c o n s t r u c t io n is n o t a u t h o r i
ta tiv e , a n d u n t il th e c o u r t s p a ss u p o n it th e s a fe s t c o u r s e w o u ld b e
t o e le ct t o b r in g a ll e m p lo y e e s u n d e r th e a ct. A s e m p h a s iz in g th is,
it m a y b e n o te d th a t th e in d u s t r ia l c o m m is s io n o f th e S ta te , c h a r g e d
w it h th e a d m in is t r a t io n o f th e la w , is s a id t o r e g a r d th e a m e n d m e n t
as b r in g in g a ll e m p lo y e e s u n d e r th e a ct, e x c lu d in g o n ly fa r m la b o r e r s
a n d d o m e s tic s e r v a n t s ; w h ile th e co u n s e l t o th e c o m m is s io n r e g a r d s
th e d is t in c t io n m a d e b y th e a tto r n e y g e n e r a l as c o r r e c t , e x c e p t th a t
i f th e la w is a p p lic a b le a t a ll, as w h e re th e re a re f o u r o r m o r e m e
c h a n ic s , e tc., th e la w w o u ld th e n a p p ly t o a ll e m p lo y e e s in th e Estab
lis h m e n t, r e g a r d le s s o f th e n a tu r e o f t h e ir e m p lo y m e n t ; b u t it w o u ld
n o t a p p ly w h e r e th e re is s t r ic t ly a c le r ic a l fo r c e a n d n o m a n u a l la b o r
is d o n e .
O th e r a m e n d m e n ts r e la te t o m e d ic a l se r v ic e , p r o v id i n g th a t it sh ai]
b e su ch as th e n a tu r e o f th e in ju r y r e q u ire s, a n d n o t su ch as is r e
q u ir e d o r r e q u e s te d b y th e e m p lo y e e ; a lso th a t it m a y b e e x te n d e d
b e y o n d 60 d a y s in ca ses a p p r o v e d b y th e c o m m is s io n . T h e m a tte r
o f n o t ic e is a c te d u p o n , n o t ic e o f in ju r y b e in g r e q u ir e d w it h in 30
d a y s o f th e a c c id e n t c a u s in g th e in ju r y , in s te a d o f 10 d a y s a ft e r
d is a b ilit y , as f o r m e r l y ; th e e ffe ct o f fa ilu r e t o g iv e n o t ic e w it h in th e
tim e set is a lso r e g u la te d . T h e b a r o f lim it a t io n o f o n e y e a r a g a in s t
c la im s m u st b e p le a d e d b y th e e m p lo y e r o r in s u r a n c e c a r r ie r at th e
h e a r in g , o r it w ill b e d e e m e d t o h a v e b e e n w a iv e d .
14
w o r k m e n 's
COMPENSATION LEGISLATION.
T h e la w o f K e n t u c k y is m a d e a p p lic a b le t o e m p lo y e r s o f th r e e o r
m o r e e m p lo y e e s , in s te a d o f o n ly t o th o s e e m p lo y in g fiv e o r m o r e .
M a n y c h a n g e s w e r e m a d e w it h r e g a r d t o th e b e n e fits t o b e p a id ,
g e n e r a lly in th e d ir e c t io n o f e n la r g e m e n t, t h o u g h th e C o lo r a d o la w
r e d u c e d its a llo w a n c e f o r b u r ia l e x p e n se s f r o m $1Q0 t o $ 7 5 ; w h ile in
s e v e r a l S ta te s th e fu n e r a l b e n e fit w a s m a d e g e n e r a l in s te a d o f b e in g
p a y a b le o n ly w h e r e th e r e w e r e n o d e p e n d e n ts . T h e I d a h o la w in
c o r p o r a t e s a p r o v is io n r e q u ir in g th e e m p lo y e r t o p a y in t o th e S ta te
in s u r a n c e f u n d th e su m o f $1,0 0 0 in ca ses in w h ic h th e r e a re n o d e
p e n d e n ts o f a n e m p lo y e e d y i n g as a r e s u lt o f a n in d u s t r ia l a c c id e n t —
a p r o v is io n t h a t w a s h e ld b y th e K e n t u c k y c o u r t s t o b e u n c o n
s titu tio n a l. I n M a s s a c h u s e tts th e m in im u m w e e k ly p a y m e n t in cases
o f to t a l d is a b ilit y is fix e d a t $5 in s te a d o f $4. I n L o u is ia n a , 55 p e r
ce n t o f th e w a g e s is m a d e th e b a sis o f a w a r d s , in s te a d o f 50 p e r c e n t ;
a n d th e w e e k ly m a x im u m b e n e fit b e c o m e s $ 16 in s te a d o f $10.
E a c h o f th e n e w la w s e n a c te d in 1917 a n d 1918 c o n t a in s p r o v is io n s
r e q u ir in g m e d ic a l a n d s u r g ic a l tre a tm e n t, a lt h o u g h , w it h th e e x c e p
t io n o f I d a h o , n o t w it h th e lib e r a lit y th a t e x p e r ie n c e h a s s h o w n to b e
m o s t p r o fita b le . T h e la w s o f K a n s a s a n d W a s h in g t o n f o r th e first
tim e m a k e p r o v is io n f o r s u ch tr e a tm e n t, w h ile in o t h e r S ta te s som e
e n la r g e m e n ts in th is fie ld a re m a d e . T h u s su ch a id is t o b e fu r n is h e d
u n d e r th e C a lif o r n ia a n d P o r t o R i c o sta tu te s in a n y a m o u n t n e ce s
sa r y , w h ile in W is c o n s in it is t o b e c o n tin u e d as lo n g as in th e j u d g
m e n t o f th e c o m m is s io n th e tre a tm e n t w ill s h o r te n th e c o m p e n s a t io n
p e r io d . T h e W a s h in g t o n s ta tu te , in p r o v id i n g f o r m e d ic a l t r e a t
m e n t, a d o p ts a n o v e l sy ste m so f a r as t h is c o u n t r y is c o n c e r n e d . A
m e d ic a l a n d h o s p it a l fu n d is t o b e m a in ta in e d b y e q u a l c o n t r ib u t io n s
o f e m p lo y e r s a n d e m p lo y e e s , fr o m w h ic h n e ce s s a r y a id is t o b e
fu r n is h e d d u r in g t e m p o r a r y d is a b ilit y , a n d in ca ses o f p e r m a n e n t
d is a b ilit y u n t il th e c o m p e n s a t io n a w a r d is m a d e . T h is fu n d is t o b e
a d m in is te r e d b y lo c a l b o a r d s r e p r e s e n t in g e m p lo y e r s a n d e m p lo y e e s ,
su ch b o a r d s t o b e d is t r ib u t e d t h r o u g h o u t th e S ta te w it h r e fe r e n c e
to th e lo c a lit ie s a n d in d u s tr ie s in a c c o r d a n c e w it h d e te r m in a tio n s o f
th e S ta te m e d ic a l a id b o a r d . T h e s e le c tio n o f th e se b o a r d s b y th e
p e r s o n s in te re s te d lo c a lly , a n d th e ir s u p e r v is io n o f th e in ju r y ca ses
in t h e ir lo c a litie s , a d m in is t e r in g a fu n d m a in ta in e d b y th e jo i n t c o n
t r ib u t io n o f e m p lo y e r s a n d e m p lo y e e s , is c le a r ly a n e ffo r t t o e n lis t
th e in te re s t a n d th e s e r v ic e s o f th e t w o p r in c ip a l p a r t ie s a ffe c te d in
a m a n n e r n o t h it h e r t o a tte m p te d .
In te r s ta te c o m m e r c e b y r a ilr o a d a ffo r d s o n e o f th e d iffic u lt p r o b
le m s in th e c o m p e n s a t io n fie ld . A s o lu tio n h a s b e e n a tte m p te d in
I n d ia n a b y e x c lu d in g a ll r a ilr o a d t r a in s e r v ic e fr o m t h e p r o v is io n s
o f th e la w — a m e th o d a lr e a d y a d o p t e d in a fe w S ta te s, a n d f o u n d in
th e n e w la w o f V ir g in ia , th e o b je c t a p p a r e n t ly b e in g t o a v o id th e w id e
d iffe r e n c e o f tr e a tm e n t th a t re su lts f r o m th e a p p lic a t io n o f b o t h c o m
N E W LEGISLATION.
15
p e n s a t io n a n d lia b ilit y la w s t o a n id e n t ic a l fo r m o f e m p lo y m e n t. T h e
sa m e a c t io n w a s ta k e n in W a s h in g t o n , r a ilr o a d la b o r b e in g m a d e s u b
je c t t o lia b ilit y o r o t h e r p r o v is io n s o f la w , s u ch a s e x is t o r m a y b e
e n a c te d b y r e a s o n o f c o n g r e s s io n a l le g is la t io n . W h il e m a n y o f th e
S ta te s h a v e a d o p te d w it h m o r e o r le ss e x a ctn e s s th e p r o v is io n s o f
th e F e d e r a l lia b ilit y la w r e la t in g t o r a ilr o a d s , t h is is th e fir s t in s ta n c e
in w h ic h a b la n k e t p r o v is io n , a n t ic ip a t o r y o f fu t u r e le g is la t io n , h a s
b e e n m a d e u se o f . T h is m a k e s id e n t ic a l th e s ta tu s o f in te rs ta te a n d
in tr a s ta te e m p lo y e e s , b u t r e m o v e s th e n a tu r e o f th e r e m e d y fr o m
S ta te d e te r m in a tio n . O n th e o t h e r h a n d m a y b e n o te d a n a c t o f
C o n g r e s s a m e n d in g th e la w r e la t in g *to m a r it im e a n d a d m ir a lt y
r ig h t s s o as t o sa v e t o e m p lo y e e s e n g a g e d in m a r it im e p u r s u its t h e ir
r ig h t s u n d e r th e c o m p e n s a t io n la w o f a n y S ta te in w h ic h th e y m a y
r e s id e o r in w h ic h b y th e te r m s o f th e ir c o n t r a c t t h e y h a v e r ig h t s o f
recovery.
T h e t a k in g o v e r o f th e r a ilr o a d s b y th e F e d e r a l G o v e r n m e n t r a is e d
th e q u e s tio n o f th e sta tu s o f th e r a ilr o a d e m p lo y e e s .a n d th e a p p l i
c a t io n t o th e m o f th e a c t p r o v id i n g c o m p e n s a t io n f o r in ju r e d e m
p lo y e e s o f th e G o v e r n m e n t. S u c h a p p lic a t io n w a s s e r io u s ly c o n s id
e r e d , b u t in th e e n a c tm e n t o f th e la w th e e m p lo y e e s w e r e l e f t t o th e
r ig h t s a n d r e m e d ie s a v a ila b le u n d e r p r iv a t e o w n e r s h ip . P r a c t ic a lly
th e sa m e s o lu tio n w a s m a d e o f a s im ila r p r o b le m in th e ca se o f th e
t a k in g o v e r o f C a n a d ia n r a ilw a y s b y th e D o m in io n G o v e r n m e n t,
p r o v in c ia l la w s b e in g d e c la r e d a p p lic a b le in ca ses o f a c c id e n t a l in
ju r y o r d e a th .
A n a n a ly s is o f th e p r in c ip a l fe a tu r e s o f th e la w s o f a ll th e S ta te s,
i n c lu d in g th e la w s n e w ly e n a c te d a n d th e a m e n d m e n ts m a d e t o e x is t
i n g la w s , is p r e s e n te d o n th e f o l l o w i n g p a g e s . A R e ta ile d c o m p a r i
s o n o f th e la w s as t h e y e x is te d a t th e e n d o f th e y e a r 1917 h a s b e e n
p u b lis h e d in te x t u a l a n d t a b u la r f o r m as B u lle t in N o . 240.
W O RK M E N 'S COMPENSATION LEGISLATION.
16
A N A L Y S IS O F T H E P R IN C IP A L F E A T U R E S O F T H E L A W S .
ALASKA.
Date of enactment.—April 29, 1915; in effect July 28, 1915; amended, chap
ter 44, acts of 1917.
Injuries compensated.—Personal injury causing disability for more than two
weeks, or death, arising out of and in course of employment, not due to the
employee’s willful intention to injure himself or another, or to his intoxication.
Industries covered.—Mining operations in which five or more persons are em
ployed, unless election to the contrary is made (includes development and con
struction work, stamp and roller mills, reduction work and processes, coke
ovens, etc.).
Persons compensated.—Private employment : All employees in industries cov
ered, contractors and subcontractors excluded. Public employment not included.
Burden of payment.—AIL on employer.
Compensation for death:
(a) If married, $3,000 to widow, $600 additional to each child under 16
years of age, and to dependent parent or parents if any; if no
widow, $3,000 to any minor orphan, and $600 additional for each
child under 16; no total to exceed $6,000.
( b) If unmart-ied, and dependent parent or parents, $1,200 to each.
: (c) If no. dependents, funeral expenses not to exceed $150, and other ex
penses, if any, to same amount.
Compensation for disability:
(a) Permanent total: $3,600 to workman alone; $1,200 additional if wife
is living; $600 additional for each child under 16,- posthumous
child, or child over 16, dependent by reason of physical or mental
incompetency; total not to exceed $6,000. If no wife or children,
$600 to each dependent parent.
( b) Temporary total disability: 50 per cent o f weekly wTages for n ot over
six months.
(c) Permanent partial disability: Fixed sums for specified injuries in lieu
of other payments, varying with conjugal condition and number of
children.
Revision of benefits.—Readjustment must be made if within two years an
injury develops or proves to be such as to warrant a different award from any
previously made.
Insurance.—No provision.
Security of payments.—Attachment may be had pending result of action, or
employer may deposit cash or bond with court. Payments are exempt from
execution.
Settlement of disputes.—By courts, either with or without jury trial.
ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.
17
ARIZONA.
Date of enactment.—June 5, 1912; in effect September 1, 1912; amended,
chapter 7, acfs of 1913.
Injuries compensated.—All accidental injuries causing disability of at least
two weeks, or death, arising out of and in the course of the employment, caused
in whole or in part, or contributed to, by a necessary risk or danger of, or in
herent in the nature of the employment, or by failure of the employer or his
agents to exercise due care or to comply with any law affecting the employment.
Industries covered.—All especially dangerous employments, including the con
struction, operation, and maintenance of steam and street railroads; work with
or near explosives; building work using iron or steel frames or hoists, derricks,
or ladders or scaffolds 20 or more feet above ground; telegraph, telephone, or
other electrical work; work in mines, quarries, tunnels, subways etc.; work
in mills, shops, and factories using power machinery. Industries declared espe
cially dangerous are specified in law. Elective as to other industries.
Persons compensated.—Private employment: All employees in industries cov
ered. Public employment: No provision.
Burden of payment.—Entire cost rests upon the employer.
Compensation for death:
( a) To persons wholly dependent, a lump sum equal to 2,400 times one-half
the daily wages or earnings of the deceased employee, but not to
exceed $4,000. Payments to children cease on reaching the age of
18 years.
(b) If no dependents, the reasonable expenses of medical attendance and
burial of deceased employee.
Compensation for disability:
( a) For total disability, 50 per cent of the employee’s semimonthly earn
ings during the time he is unable to work at any gainful occupation.
(b) For partial disability, a semimonthly payment equal to one-half the
wage decrease.
(c) The total amount of payments for total-or partial disability caused by a
single injury not to exceed $4,000.
Revision of benefits.—Examinations as to the nature of injury and degree of
incapacity, etc., may be required by either party at intervals of not less than
three months.
Insurance.—The employer may insure provided the liability for compensa
tion is not less than the compensation fixed by law.
Security of payments.—A judgment for compensation issued by a court is col
lectible without relief from valuation or appraisement laws and has the same
preferential claim as is allowed by law for unpaid wages or personal services.
Settlement of disputes.—Disputes may be settled by (a) written agreement
between the parties, ( b ) arbitration, or (c) reference to the attorney general
of the State. In case of failure or refusal to agree by any of the modes above
provided, then by a civil action at law.
45615°—Bull. 243—18----- 2
IS
W O BK M EN ’ s COMPENSATION LEGISLATION.
CALIFORNIA.
Date of enactment.— April 8, 1911; in effect September I, 1911; new act,
chapter 176, acts o f 1913, in effect January 1, 1914; amended, chapters 541, 607,
662, acts o f 1915; new act/ch a p ter 586, acts o f 1917, in effect January 1, 1918.
Injuries compensated.— Injuries or disease arising out o f and in the course o f
employment,, causing disability for more than .10 days, o r death, not intention
ally self-inflicted and not the result o f the intoxication o f the injured employee.
Industries covered.— All except agriculture and: domestic service, which may
come under the act by joint election.
Persons compensated.— Private employment r Every person in the service of
an employer for hire-, including apprentices and aliens,, excepting casual em
ployees not in the course of the employer’ s trade or business. Public employ
ment : Persons employed by the State and its political subdivisions and all
public corporations.
Burden of payment.— Entire cost rests upon the employer.
Compensation for death:
(a) The reasonable expense o f burial, not exceeding $100.
(&) To persons wholly dependent, three times the annual earnings o f the
deceased em ployee; not less than $1,000 nor more than $5,000, pay
able at least monthly in installments' equal to 65 per cent o f the
wages. Payments to children cease on their reaching the age o f
18 years, unless mentally or physically incapacitated for earning a
living.
(c ) I f only partial dependents survive, three times the annual contribution
of the deceased to their support, subject to the same limitations as
above.
Any disability payments made and burial expenses paid are to be con
sidered as parts o f the foregoing totals.
Compensation for disability:
(a) Such medical, surgical, and hospital treatment as m ay reasonably be
required to cure and relieve from effects o f injury.
(b) For temporary total disability, 65 per cent of average weekly earnings
during such disability.
(c ) For temporary partial disability, 65 per cent o f weekly loss o f wages
during such disability.
(d) For permanent disability, 65 per cent o f average weekly earnings for
periods varying from 4 to 240 weeks, according to the degree of
disability. A fter the expiration o f 240 weeks a further benefit
varying from 10 to 40 per cent o f the weekly earnings is payable
during the remainder o f life, when tiie degree o f disability reaches
or exceeds 70 per cent.
The aggregate amount of benefits for a single injury causing temporary
disability is limited to three times the annual earnings o f the
injured person, with a maximum benefit period o f 240 weeks.
In case o f permanent incapacity or death, a lump sum may be substi
tuted for benefits, such lump sum to equal the present value o f the
benefits computed at 6 per cent.
Average weekly earnings shall be considered as not less than $6.41 nor
more than $32.05.
Revision of benefits.— Decisions and awards may be reviewed at any time
during the first 245 weeks, after legal notice received.
I n s u r a n c e . — Insurance is required either in the State insurance fund or in an
authorized insurance company, unless the employer furnishes proof o f ability
to carry his own insurance. Municipalities are required to insure in the State
fund unless the risk is refused.
Security of payments.— A claim for injury or death o f an employee or any
award shall have the same preference over other unsecured debts as is given by
law to claims for wages, but not so as to impair a lien o f a previous award.
Policies inure directly to the benefit o f employees, who also have a first lien on
any .amount due the employer from the insurance company. Self-insurers may
be required to give bond or deposit securities.
Settlement of disputes.— Disputes are settled by the State industrial accident
commission, subject to a limited review by the courts.
ANALYSIS OF PRINCIPAL FEATURES OF TH E LAW S.
19
COLORADO.
Date of enactment.—April 10, 1915; in effect August 1, 1915; amended, chap
ter 155, acts of 1917.
Injuries compensated.—Injuries caused by accident arising out of and in
course of employment, not intentionally self-inflicted or intentionally inflicted
by another, and causing death within two years or disability for more than
two weeks.
Industries covered.—All, except interstate commerce and domestic and agri
cultural labor, in which four or more persons are employed in which employers
elect to come under the act; others may elect, but lose no defenses if they
do not.
Persons compensated.—Private employment:» Every person in the service of
another under any contract of hire, express or implied, casual employees ex
cepted. Public employees: All under any appointment or contract of hire;
elective officials and officers and enlisted men of the National Guard excluded.
Burden of payment.—All on employer.
Compensation for death:
(a) To persons wholly dependent, 50 per cent of the weekly wages for six
years, $8 maximum, total not to exceed $2,500 nor to be less than
$1,000. If death occurs from any cause during receipt of disability
benefits, any unaccrued and unpaid remainder goes to dependents.
(b) If only partial dependents survive, 50 per cent of the weekly wages,
, $8 maximum, for such part of six years as the commission may
determine, total not to exceed $2,500. If death occurs from any
cause during the receipt of disability benefits, partial dependents
shall receive not more than four times the amount contributed
by the deceased during his last year of employment, the aggregate
of disability and death benefits not to exceed $2,500.
(e) If no dependents, $75 funeral expenses.
\d) Payments to any beneficiary cease on death; to widow or dependent
widower on remarriage, but a lump sum equal to one-half the
unpaid balance shall be paid to the spouse if there are no children;
if there are dependent children, the unpaid balance is payable
to them; to children, on reaching the age of 18, unless physically
or mentally incapacitated from earning.
Payments lapsing for any reason go to surviving dependents, if any.
Benefits to aliens are one-third the amounts payable to citizens, and
may not exceed $1,000 in all.
Compensation for disability:
(a) Medical and surgical assistance for first 30 days* not more than $100
in value.
(&) For total disability, 50 per cent of weekly wages during continuance,
$5 minimum, $8 maximum; full wages if less than $5.
(c) For partial disability, 50 per cent of the weekly wage decrease, $8
maximum; total <not to exceed $2,080. Special schedule for speci
fied injuries, 50 per cent of weekly wages for periods ranging from
4 to 208 weeks, in lieu of other payments. Facial disfigurements
may also be compensated for in an amount not exceeding $500.
Payments may be commuted to a lump sum after six months.
Revision of benefits.—Awards may be changed within 15 months after mak
ing, on discovery of mistake, and may be appealed from within 60 days.
Insurance.—Insurance in State fund, stock, or mutual company, or proof of
financial ability to make payments, is required. Public employees must be
insured in the State fund.
Security of payments.—Insurers are primarily liable to a workman or his
beneficiaries entitled to benefits; notice to employer is notice to insurer; in
solvency of employer does not release insurer. Claims are not assignable, and
payments are exempt from attachment or execution.
Settlement of disputes.—Disputes are determined by the industrial commis
sion, with limited appeal to courts.
W ORKM EN *S COMPENSATION LEGISLATION.
20
CONNECTICUT.
Date of enactment.—May 29, 1913; in effect January 1, 1914; amended, chap
ter 228, acts of 1915; chapter 368, acts of 1917.
Injuries compensated.—All injuries arising out of and in the course of em
ployment, disability of more than 7 days, or death, except when injury is
caused by willful and serious misconduct of the injured employee, or by his
intoxication.
Industries covered.—All industries in which five or more persons are em
ployed, in absence of contrary election by employer.
Persons compensated.—Private employment: All employees of employers ac
cepting the act, in absence of contrary election, outworkers and casual employees
excepted. Public employment: Employees of the State and any public corpora
tion within the State using the services of another for pay.
Burden of payment.—Entire cost rests upon the employer.
Compensation for death:
(a) $100 for burial expenses.
(b) To persons wholly dependent, a weekly compensation equal to one-half
the earnings of the deceased employee.
( c ) If only partial dependents survive, a weekly compensation, determined
according to the measure of dependence, not exceeding one-half the
earnings- of the deceased employee.
(d) Compensation shall in no case be more than $14 or less than $5 weekly,
and shall not continue longer than 312 weeks.
A widow’s or widower’s dependence ceases with remarriage, and a
child’s upon reaching 18 years of age, unless physically or mentally
incapacitated.
If a widow or dependent widower remarries or dies during the term
of benefit payments, subsequent payments go to other dependents,
if any.
Compensation for disability:
( a) Reasonable medical and surgical aid and hospital service.
(b) For total disability, a weekly compensation equal to one-half the em
ployee’s earnings, not more than $14 or less than $5 weekly, or for
longer than 520 weeks.
( c ) For partial disability, a weekly compensation equal to one-half the
wage loss, but not more than $14 per week, or for longer than 312
weeks. For specified injuries causing permanent partial disability,
one-half the average weekly earnings for fixed periods in lieu of all
other payments.
Lump-sum payments may be approved by the commissioner, provided
they equal the value of the compensations.
Revision of benefits.—Review may be had upon request of either party, when
ever it shall appear to the compensation commissioner that the incapacity or
the measure of dependence has changed. The commissioner retains control over
awards during their whole period, with power to take proper action thereon at
any time.
Insurance.—Approved schemes may be substituted provided the benefits are
equivalent to those provided by law. Insurance may be taken in approved stock
or mutual companies or associations.
Security of payments.—Employer must furnish the insurance commissioner
satisfactory proof of his solvency and financial ability to pay awards, file satis-'
factory security with the insurance commissioner, or insure in approved stock
or mutual companies or associations. Payments are not assignable, are exempt
from execution* and are entitled to the same preference as wage debts.
Settlement of disputes.—Disputes are to be settled by the compensation com
missioners. Appeals from findings and awards of any commissioner may be
made to the superior court of the county without cost to either party.
ANALYSIS OF PRINCIPAL FEATURES OE THE LAWS.
21
DELAWARE.
Date of enactment.—April 2, 1917; in effect January 1, 1918.
Injuries compensated.—Injuries by accident arising out of and in course of
employment, causing disability for more than 14 days, or death, and not due
to the employee’s intoxication or willful negligence or intent to injure himself
or another.
Industries covered.—All, except agriculture and domestic service, in which
five or more persons are employed, unless contrary election is made.
Persons compensated.—Private employment: All persons under contract for
hire for a valuable consideration except casual employees not in the regular
course of the trade or business of the employer, and outworkers. Public em
ployment: Not included.
Burden of payment.—All on the employer.
Compensation in case of death:
(a) Funeral expenses, not exceeding $100.
(b) To the widow or widower alone, 25 per cent of the wages of the de
ceased employee; if one child, 40 per cent, and 5 per cent for each
additional child; not over 60 per cent in all. If one or two orphan
children, 25 per cent, and 10 per cent for each additional child, the
total not to exceed 60 per cent. If none of the foregoing, and a
dependent parent or parents survive, 20 per cent; if no parents, and
dependent brothers or sisters, 15 per cent for one, with 5 per cent
for each additional, the total not to exceed 25 per cent.
Payments are for a period of 270 weeks, minus any disability benefits
paid the injured person prior to his death, but cease on the death
of a beneficiary, the remarriage of a widow or widower, or on a
child attaining the age of 16 years; but orphan children or those
abandoned by the surviving parent continue to receive benefits
until the age of 16, regardless of the limitation of 270 weeks.
Wages used in computing death benefits shall be reckoned as not
less than $8 nor more than $20 per week.
Compensation for disability:
(a) Medical and surgical aid as may be reasonably required during .the
first 14 days, if so requested by the employee or ordered by the
board, but not to exceed $25.
( l)) For total disability, for the first 270 weeks, 50 per cent of the injured
person’s wages, not more than $10 nor less than $4 per week,
unless the wages were less than $4, when full wages shall be paid.
After 270 weeks, 20 per cent of the wages during life, not more
than $6 nor less than $2 per week, unless the wages were less than
$2, when the full amount of the wages shall be paid, the total not
to exceed $4,000.
(c) For partial disability, 50 per cent of the wage loss, not more than
$10 per week, for not more than 270 weeks; for specified injuries,
50 per cent of the wages for fixed periods, in lieu of all other pay
ments, the amount to be not more than $10 nor less than $4 per
week, unless the wages were less than $4, when the full wages
shall be paid.
Periodical payments may be commuted to lump sums on the appli
cation of either party, with due notice to the other.
Revision of benefits.—On application of any party in interest, but not oftener
than once in six months, a review of awards may be had and changes made as
the condition of the injured person or the status of beneficiaries may warrant.
Insurance.—Insurance is required in an approved organization, unless ade
quate proof of the employer’s financial ability to meet obligations is furnished.
Self-insurers may be required to give bond or make a deposit to secure the
payment of liabilities.
Security of payments.—Policies must inure directly to the benefit of the
person entitled to compensation. Payments' have the same priority as wage
debts, and are not subject to assignment or execution.
Settlement of disputes.—Disputes are settled by the State industrial accident
board, subject to appeal to the courts, to be tried without the aid of a jury.
WOBJKMEN's COMPENSATION LEGISLATION.
HAWAII.
Date of enactment.— April 28, 1915; in effect July 1, 1915; amended, act No.
227, acts o f 1917.
Injuries< compensated.— Personal injury by accident arising out o f and in
course o f employment, including occupational diseases, causing disability for
more than seven days or death within six months, and not due to the employee's
intention to injure himself or another or to his intoxication.
Industries covered.— All public and all industrial employment for pecuniary
gain.
Persons compensated.— Private employm ent: All persons under contract of
employment or apprenticeship, other than casual employees, whose pay does not
exceed $36 per week. Public em ploym ent: All except elective officials and em
ployees who receive salaries in excess o f $1,800 per year.
Burden of payment.— All on employer.
Compensation for death:
( a) $100 funeral expenses.
(&) 40 per cent o f the average weekly wages to w idow or dependent
w idow er alone; 50 per cent if one or two dependent children, 60 per
cent if three or m ore; 30 per cent to one or two orphans, 10 per
cent additional for each child in excess o f two, total not to exceed
50 per cent. I f no consort or child, but other dependents, 25 to 40
per cent.
(c ) Payments to widow cease on death or remarriage, and to widower on
termination o f disability or rem arriage; to child on reaching age of
16, unless incapable o f self-support, when they may continue to 18;
to other beneficiaries, on termination o f disab ility ; no payments
except to children to continue longer than 312 weeks. Basic wages
not less than $5 nor more than $36 weekly.
Compensation for disability:
{a) Reasonable surgical, medical, and hospital services during disability,
not exceeding $150 in amount.
(b) For total disability, 60 per cent o f weekly wages, $3 minimum, $18
maximum, for not longer than 312 w eek s; total not to exceed $5,000.
I f wages are less than $3, full wages w ill be paid unless disability
is permanent, when $3 w ill be paid.
(c ) For partial disability, 50 per cent o f wage decrease, $12 maximum, not
over 312 weeks, total not to exceed $5,000. Fixed awards are made
in lieu o f all other payments for specified injuries.
Payments may be commuted to one or more lump sums in any case.
Revision of benefits.— Agreements or awards may be reviewed at any time,
;but not oftener than once in six. months.
i Insurance.— Private employers must carry Insurance, secure guaranty insur
an ce, deposit security, or furnish proof o f financial ability to make payments,
i Security of payments.— Payments are preferred claims, the same as wage
Idebts. Employees have direct recourse to insuring com pany; insolvency o f
employer does not release insurer.
\ Settlement of disputes.— Industrial accident boards for each cou n ty ; appeals
to courts.
ANALYSIS OF PRINCIPAL FEATURES OF TH E LAWS#
23
IDAHO.
Bate of enactment.—March 16, 1917; in effect January 1, 1918.
Injuries compensated.—Injury by accident arising out of and in course of
employment, not due. to the employee’s willful intention to injure himself or
another or to his intoxication, causing death, or disability for more than seven
days.
Industries covered.—Compulsorily, all public employment and all private
employments carried on by the employer for pecuniary gain, except agricultural
and domestic service and employment by charitable organizations. Exempted
industries may come under the act by written agreement of both parties.
Persons compensated.—Private employment: All employees except casual,
outworkers, persons earning more than $2,400 per annum, «nd members of the
employer’s family dwelling in his house. Public employment: All except those
receiving salaries in excess of $2,400 per annum and elected officials.
Burden of payment.—All on em ployer ; but provision may be made for em
ployees to contribute to a hospital fund.
Compensation for death:
( a ) Burial expenses not to exceed $100.
(b) To a dependent widow or widower alone, 45 per cent of the employee’s
average weekly wages; if a child or children, 55 per cent. Orphan
children receive 25 per cent if one, and 10 per cent additional for
each child more than one, the total not to exceed 55 per cent. To
a dependent parent or parents, any sum not paid to the foregoing,
the total not to exceed 55 per cent of the weekly wages; or if none
of the foregoing dependents. 25 per cent to one dependent parent
or 20 per cent to each if both are dependent. Also, other depend
ents may receive benefits within the 55 per cent limits, if any sum
remains.
(c) If there are no dependents, the employer shall pay $1,000 into the
industrial administration fund.
( d ) No payment shall extend beyond 400 weeks, and shall terminate on the
death or remarriage of a widow or widower, on a child reaching
the age of 18 unless incapable of self support, or on a parent or
grandparent censing to be dependent. Benefits terminating before
the end of 400 weeks may be reapportioned.
Death benefits may not exceed $12 per week nor be less than $6, or
the actual weekly earnings if less than $6.
Compensation for disability:
(a) Reasonable medical, surgical, and hospital service, and crutches and
apparatus as may be required or requested at the time of the
injury and for a reasonable period thereafter.
( b ) For total disability, 55 per cent of the injured person’s wages, not
less than $6 nor more than $12 for 403 weeks, and $6 per week
thereafter. For temporary disability the benefits shall not exceed
wages, but for permanent disability they shall not be less than $6.
(c) For partial disability, 55 per cent of the wage loss for not more than
150 weeks; schedule for designated permanent partial disabilities,
ranging from 8 to 200 weeks, in lieu of other payments.
Lump-sum settlements may be approved for part or all the benefits,
for either disability or death.
Revision of benefits.—Agreements or awards may be reviewed on the applica?
tion of either party, but not ot'tener than once in six months.
Insurance.—Employers must insure in the State insurance fund or deposit
satisfactory security or surety bond to guarantee payments.
Security of payments.—Policies of insurance in the State fund and all guar
antee contracts must provide that the employee may have direct recourse
thereto, and the insolvency of the employer is no release of his surety. Benefits
have the same priority as wage payments, and are exempt from assignment,
attachment, etc.
Settlement of disputes.—The act is administered by an industrial accident
board. Agreements between employers and employees must be approved by this
board. On failure to agree, a committee of arbitration must be formed, whose
award is valid unless a review by the board is requested within 30 days. A
limited appeal from the findings of the board may be taken to the courts.
24
w o r k m e n 's c o m p e n s a t io n - l e g i s l a t i o n .
ILLINOIS.
Date of enactment.—June 10, 1911; in effect May 1, 1912. New act> June 28,
1913; in effect July 1, 1913; amended June 28, 1915, May 31, and June 25, 1917.
Injuries compensated.—Accidental injuries arising out of and in the course of
employment causing permanent disfigurement, disability of over six working
days, or death.
Industries covered.—Public employment; the building trades; construction,
excavating and electrical work; transportation; mining and quarrying; work
with or about explosives, molten metals, injurious gases or vapors, or corrosive
acids, and all enterprises in which the law requires safety devices. Other
employers may elect, but forfeit no defenses if they do not.
Persons compensated.—Private employment: All employees except those not
engaged in the usual trade, etc., of the employer. Public employment: All per
sons employed by the State, county, municipality, etc., except officials.
Burden of payment.—Entire cost rests on the employer.
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, $1,750, and
if two or more children, $1,850), nor more than $3,500 (to a widow
with one child under 16, $3,750, and if two or more children, $4,000).
(b) If only dependent collateral heirs survive, such a percentage of the
above sum as the support rendered during the last two years was of
the earnings of the deceased.
( c ) If no dependents, a burial benefit not exceeding $150.
Compensation for disability:
(a) Medical and surgical aid for not over eight weeks, and not over $200 in
value.
( b ) For total disability, beginning with eighth day (second day if perma
nent), a weekly sum equal to 50 per cent of the employee’s earnings,
$6 minimum, $12 maximum, during disability or until payments
equal a death benefit; thereafter, if the disability is permanent, a
sum annually equal to 8 per cent of a death benefit, but not less
than $10 per month.
(c) For permanent partial disability, 50 per cent of the loss of earning
capacity, but not more than $12 per week.
(d) For certain specified injuries (mutilations, etc.), a benefit of 50 per
cent of weekly wages for fixed periods, in addition to temporary
total disability payments.
(e) The basis of 50 per cent shall be increased 5 per cent for each child
under 16 years of age, the maximum to be 65 per cent. The mini
mum sum of $6 per week is to be increased 50 cents for each such
child, the total not to exceed $7.50. The maximum weekly payment
of $32 is to be increased $1. per week for each such child, the total
not to exceed $15.
(/) For serious and permanent disfigurement, not causing incapacity and
not otherwise compensated, a sum not exceeding one-fourtli the
death benefits.
No payments are to extend beyond eight years, except in case of per
manent total incapacity.
Lump-sum payments for either death or disability may be substituted
by the industrial board for periodic payments.
Revision of benefits.—Medical examination may be had not oftener than every
four weeks. The industrial board may, on request, review installment payments
within 18 months after the award or agreement thereon.
Insurance.—The employer must insure, furnish proof of ability to pay, or
make other provision for security of payment; or he may maintain a benefit
system, but may not reduce his liability under the act.
Security of payments.—In case of insolvency, awards constitute liens upon all
property of the employer within the county, paramount to all other claims,
except wages, taxes, mortgages, or trust deeds.
The rights of an insolvent employer to insurance indemnities are subrogated
to injured employees.
Settlement of disputes.—Disputes are determined by the industrial commis
sion through an arbitrator or arbitration committee, subject to review by the
board. Questions of law may be reviewed by the courts.
ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.
25
INDIANA.
Date Gf enactment.—March 8, 1915; in effect September 1, 1915; amended,
chapters 63, 81, 165, acts of 1917.
Injuries compensated.—Personal injury causing disability for more than
seven days, or death by accident arising out of and in course of employment, not
due to willful misconduct, intention to injure self,, intoxication, or willful
failure or refusal to use safety appliance or perform duty required by statute.
Industries covered.—All except interstate and foreign commerce, for which
Federal laws make provision, railroad employees engaged in train service, and
domestic and agricultural labor, unless employer makes contrary election; com
pulsory as to State and its municipalities.
Persons compensated.—Private employment: All employees and contractors’
employees engaged upon the subject matter of the contract; casual employees
are excepted. Public employment: All employees.
Burden of payment.—All on employer.
Compensation for death:
( a ) $100 for funeral expenses, if death from the injury occurs within 300
weeks.
(&) 50 per cent of weekly wages to persons wholly dependent; to those
partially dependent, amounts proportionate to decedent’s contribu
tions to their support. The term of payment is limited to 300 wet'ks
from the receipt of the injury.
(c) Payments cease on remarriage of widow or dependent widower, or on
children attaining the age of 18 years, unless mentally or physicalIv
disabled for earning. Wages are to be considered as not above $2 i
nor less than $10 weekly, no total to exceed $5,000.
Compensation, for disability:
(a) Medical and hospital services for first 30 days, and longer at option
of employer; employees must accept unless otherwise ordered by
industrial board.
( b ) For total disability, 55 per cent of wages for not more than 500 weeks.
(c) For partial disability, 50 per cent of wage loss for not more than 300
weeks.
(d) For certain specified injuries, 55 per cent of wages for designated
periods ranging from 15 to 200 weeks in lieu of all other payments.
Wage basis and total amounts are limited as for death benefits.
Any payments may be commuted to a lump sum after 26 weeks.
Revision of benefits.—Awards may be reviewed at any time by industrial
board on its own motion or the request of either party, but without retroactive
effect.
Insurance.—Required unless satisfactory proof of financial ability to meet
payments is furnished.
Security of payments.—Contracts of insurance must inure directly to the
benefit of the person entitled to payments under an award. Payments have
same preference and priority as unpaid wages, and are exempt from claims of
creditors.
Settlement of disputes.—Disputes are determined by the industrial board,
with appeal to courts on questions of law.
W O R K M E N ’ S COMPENSATION LEGISLATION-.
26
IOWA.
Date of enactment.—April 18, 1913; in effect July 1, 1914. Amended, chap
ters 188, 270, 836, 409, 418, acts of 1917.
Injuries compensated.—All personal injuries arising out of and in the course
of tlie employment causing disability for more than two weeks, or death, except
when caused by the injured employee’s willful intention to injure himself or
another, or by the intoxication of the employee.
Industries covered.—All industries, except agriculture and domestic service,
in absence of contrary election by employer. Compulsory as to the State and
its municipalities.
Persons compensated.—Private employment: All employees in industries cov
ered in absence of contrary election, except clerks not subjected to the hazards
of the industry and casual employees, or those not employed for the purpose of
the employer’s trade or business. Public employment: All except policemen
and firemen entitled to benefits from pension funds.
Burden of payment.—Entire burden is on employer.
Compensation for death:
(a) Reasonable expenses of the employee’s last sickness and burial, not to
exceed $100.
( b ) To persons wholly dependent, a weekly payment equal to 50 per cent
of the wages of the deceased employee, but not more than $10 nor
less than $5 per week, for 300 weeks.
(c) If only partial dependents survive, such a proportion of the above as
the amounts contributed by the employee to such partial dependents
bear to his annual earnings.
(d) If the employee w^rs a minor whose earnings were received by the
parent, a sum to the parent equal to two-thirds of the amount pro
vided for persons wholly dependent.
If the spouse dies during the compensation period, the unpaid balance
goes to other dependents, if any ; if she remarries, and there are no
dependent children, payments cease.
Compensation for disability:
(a) Reasonable surgical, medical, and hospital services and supplies for
first four weeks, not exceeding .$100.
(b) For temporary total disability, 50 per cent of wages, not more than
$15 nor less than $6 (unless wages are less than $6, then full
wages), for not more than 300 weeks.
( c ) For permanent total disability, the same compensation as for temporary
disability, to be paid for a period of not more than 400 weeks.
(d) For permanent partial disability (specified mannings), 50 per cent of
average weekly wages for fixed periods, beginning with the date of
injury, in lieu of other payments.
Payments under (b) and (c) for the fifth, sixth, and seventh weeks
are 83$ per cent of the weekly earnings, if disability continues
during these periods, respectively.
Lump-sum payments may be substituted in any case where the term
can be determined, on approval of the industrial commissioner and
an order by the court.
Revision of benefits.—Payments may be reviewed by the industrial commis
sioner at the request of either party.
Insurance.—Employers must insure in approved companies or mutual associ
ations, or furnish satisfactory proof of financial ability to make payments, or
deposit security with the State insurance department; or they may maintain
approved substitute schemes, provided there is no diminution of benefits.
Security of payments.—In case of insolvency of the insurer a claim for com
pensation becomes a first lien, and in case of legal incapacity of insured to
receive the amount due, the insured must settle directly with the beneficiary.
Settlement of disputes.—Disputes may be settled by committees of arbitra
tion, with the industrial commissioner as chairman; limited appeal to courts.
ANALYSIS OF PRINCIPAL FEATURES OF THE LAW S.
27
KANSAS.
Bate of enactment.—March 14, 1911; in effect January 1, 1912; amended,
chapter 216, acts of 1913; chapter 226, acts of 1917.
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, factories, quarries, electrical, building or
engineering work, laundries, natural-gas plants, county and municipal work,
employments requiring the use of dangerous, explosive, or inflammable mate
rials, if employing five or more persons; and mines, 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 ap
prentices, but excluding casual employees. Public employment: Workmen on
county and municipal work.
Burden of payment.—Entire cost rests upon the employer.
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
$3,800. For nonresident alien beneficiaries (except in Canada)
the maximum is $750.
( b ) If only partial dependents survive, a sum proportionate to the in
jury to such dependents.
(c) If no dependents are left, a reasonable expense for burial, not ex
ceeding $150.
Compensation ceases upon the marriage of any dependent, or when
a minor, not physically or mentally incapable of wage earning,
shall become 18 years of age.
Compensation for disability:
(a) On demand, medical, surgical, and hospital treatment, not over $150
in value, for not more than 50 days.
( b ) For total incapacity, payments during incapacity after the first
week, equal to 60 per cent of earnings, but not less than $6 nor
m o re th a n
$15 per w eek.
(c) For partial incapacity, 60 per cent of wage loss during incapacity,
after the first week. Lump sums equal to 50 per cent of the
wages for specified periods are to be paid for designated injuries,
in lieu of all other compensation.
No payments for total or partial disability shall extend over more
than eight years.
After six months, lump-sum payments may be substituted at the
employer’s option, the sum to be agreed upon or determined by
the court; or the workman may apply for a lump-sum settlement
at any time.
Revision of benefits.—Any award may be modified at any time by agree
ment, or either party may demand a revision. Employees must submit to
medical examination at reasonable periods to determine their physical con
dition.
Insurance.—The employer may insure in any approved insurance scheme
which provides compensation- not less favorable than is provided in this act.
Security of payments.—Lump sums awarded by the court may be secured
by order of the court by a good and sufficient bond when there is doubt of
security of payment. If the employer was insured, the insurer shall be sub
rogated 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 may be referred
to arbitrators, subject to an appeal to courts.
w o r k m e n ’s
28
COMPENSATION LEGISLATION.
KENTUCKY.
Dae of enactment.—March 23, 1916; in effect August 1, 1916; amended, ch.
176, 1918.
Injuries compensated.—Personal injuries by accident arising out of and in
course of employment, causing incapacity for more than seven days, or death,
not self-inflicted, or due to intoxication or willful misconduct. Results of pre
existing diseases are not included.
Industries covered.—All except domestic service and farm labor where three
or more persons are employed; excepted industries may become subject to the
act by joint application by employers and employees.
Persons compensated.—Private employment: All employees in establishments
coming under the act, if the employees elect. Public employment: All employees
of municipalities coming under the act, if the employees elect.
Burden of payment.—All on the employer.
Compensation for death:
(a) Reasonable burial expenses, not to exceed $75.
{b) To persons wholly dependent, 65 per cent of the average weekly earn
ings, not more than $12 nor less than $5 per week, for 335 weeks,
the total not to exceed $4,000.
(c) If only partial dependents survive, a proportion of the amount for
total dependency, determined by the degree of dependence.
(d) If no dependents, $100, payable to the personal representative.
Payments to a widow or widower cease on remarriage and to a child
on reaching the age of 16, unless incapacitated for wage earning.
Payments thus terminated go to other beneficiaries, if any.
Compensation for disability:
( a ) Medical, surgical, and hospital aid for 90 days, unless another period
is fixed by the board, the cost not to exceed $100.
( b) -For total disability, 65 per cent of average weekly wages, not more
than $12 nor less than $5, for eight years, total not to exceed $5,000.
(c) For partial disability, 65 per cent of the weekly wage loss, not to exceed
$12, for not more than 335 weeks, total not to exceed $4,000.
Compensation periods are fixed for special injuries, in lieu of other
payments.
Lump-sum awards may be made after six months if approved by the
board.
Revision of benefits.—Review may- be had on the request of either party or
on the motion of the board, changing or revoking any previous order.
Insurance.—Employers accepting the act must insure in a stock or mutual
company or the State Employees’ Insurance Association, or give proof of finan
cial ability to pay compensation direct.
Security of payments.—Insurance policies must provide for direct liability to
the beneficiaries. Self-insurers must furnish bond or other security. Benefits
have the same priority as wage debts and are not subject to assignment or
attachment.
Settlement of disputes.—Disputes are settled by the workmen’s compensa
tion board, or a member thereof, or a referee appointed by it; limited appeal
to courts.
ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.
29
LOUISIANA.
Date of enactment.—June IS, 1914; in effect January 1, 1915; amended, Nos.
38, 39, 1918.
Injuries compensated.—Personal injury by accident arising out of and in
course of employment causing disability for more than 2 weeks, or death within
1 year, and not due to willful intention to injure, to intoxication, to deliberate
failure to use safeguards, or to deliberate breach of safety laws.
Industries covered.—Hazardous trades, businesses, or occupations in absence
of contrary election; extensive list, and others may be so adjudged or brought
within the act by voluntary agreement. Compulsory as to employees of the
State and its municipalities and public boards.
Persons compensated.—Private employment: Every person performing serv
ices arising out of and incidental to his employer’s trade, business, or occupa
tion, if the same is within the act. Public employment: Every person in the
service of the State, etc., except officials.
Burden of payment.—All on employer.
Compensation for death:
(a) $100 expenses of burial.
.(&) To widow or dependent widower alone, 25 per cent of weekly wages,
40 per cent if 1 child, and 55 per cent if 2 or more. If 1 child alone,
25 per cent, 40 per cent for 2, and 55 per cent for 3 or more. For 1
dependent parent, 25 per cent; for 2, 55 per cent; if 1 brother or
sister, 25 per cent and 10 per cent additional for each other. The
total in no case may exceed 55 per cent of the weekly wages, $3
minimum payment, $16 maximum, for not over 300 weeks. Payment
to any beneficiary ceases on death or marriage, to children on reach
ing the age of 18, unless mentally or physically incapacitated.
Compensation for disability:
(a) Reasonable medical, surgical, and hospital services, not to exceed $150
in value.
(b) For total disability, 55 per cent of the weekly wages, $16 maximum, $3
minimum, unless the wages are less than $3, then full wages, for
not more than 400 weeks.
(c) For partial disability, 55 per cent of the wage loss, for not more than
300 weeks.
( d ) Fixed schedule for specified injuries, for periods from 10 to 200 weeks,
in lieu of other payments. Payments in any case may be commuted
to a lump sum on agreement of the parties and approval by the
courts.
Revision of benefits.—Judgments may be modified at any time by agreement
of the parties and approval by the courts; or after 1 year, they may be reviewed
by the court on application of either party.
Insurance.—Not required.
Security of payments.—Policy of insurance must give claimants right to direct
payment regardless of the default or bankruptcy of the employer. Compensa
tion payments have the same preference as wage debts.
Settlement of disputes.—Disputes are settled by judges of the courts in
simple, summary procedure.
3 'Q
w o r k m e n 's c o m p e n s a t io n
le g is la tio n .
MAINE.
Date of enactment.— April 1, 1915; in effect January 1, 1916; amended, chap
ters 230, 241, acts o f 1917.
Injuries compensated.— Injury sustained in course o f employment, causing
disability for more than two weeks, or death, not due to w illful intention to
injure himself or another, and not due to intoxication unless fact or habit of
intoxication was known or cognizable to employer.
Industries cornered.— All except agricultural and domestic labor, and seamen
in interstate or foreign commerce, in which more than five persons are em
ployed, if employer elects. Abrogation of defenses does not affect cutting, haul
ing, driving, or rafting o f logs.
Persons compensated.— Private em ploym ent: All persons in industries cov
ered, casual employees excepted. Public employment: Employees o f State,
cities, and comities, and o f towns accepting the provisions- o f the act, other than
officials; but cities and towns may continue injured firemen on the pay roll at
full pay, in lieu o f compensation.
Burden of payment.— All on employer. I f employees contribute to substitute
scheme, additional proportionate benefits must be paid.
Compensation for death:
{a) To persons wholly dependent, 50 per cent o f weekly wages for 300
weeks, $4 minimum, $10 maximum.
(b) I f only partial dependents survive, amounts proportionate to their de
gree o f dependency, for 300 weeks.
(c ) I f only one wholly dependent and more than one partly dependent per
son survives, payments are to be divided according to the relative
extent of dependency.
( d) I f no dependents, not above $200 expenses of last sickness and burial.
Payments to children cease at age of 18 unless mentally or physic
ally incapacitated for earning a living.
Compensation for disability:
(a) Reasonable medical and hospital services during first two weeks, not
over $30 in value, unless by agreement or order o f commission a
larger amount is provided for.
(b) For total disability, 50 per cent o f the wages for not more than 500
weeks, $4 minimum, $10 maximum, total not to exceed $3,000.
(a) For partial disability, 50 per cent o f the weekly wage loss, not over
$10, for not more than 300 weeks. For specified injuries causing
permanent partial disability, 50 per cent o f the wages for variousfixed periods, then compensation on basis o f wage loss, if any, for
not more than 300 weeks in all.
Lump-sum payments may be approved by the commission after weekly
payments for not less than six months.
Revision of benefits.— Agreements or awards may be reviewed at the instance
o f either party at any time within two years.
Insurance.:—Insurance in approved companies is required unless the em
ployer gives satisfactory proof o f solvency and makes deposit or bond to. secure
payments.
Security of payments.— Claims have same preference over unsecured debts
as do wages for labor.
Settlement of disputes.— Disputes are to be settled by the industrial accident
commission, with appeal to courts on questions o f law.
ANALYSIS OF PRINCIPAL FEATURES OF THE LAW S.
31
MARYLAND.
Date of enactment.—April 16, 1914; in effect November 1, 1914.
Injuries compensated.—Accidental personal injury arising out of and in
course of employment, not due to willful intention or intoxication, and causing
disability for more than two weeks or death within two years.
Industries covered.—Extrahazardous (enumerated list) ; others by joint
election of employers and employees. Farm and domestic labor, country black
smiths and wheelwrights are excluded.
Persons compensated.—Private employment: All in industries covered, except
casual employees and those receiving more than $2,000 annually. Public em
ployment : Workmen employed for wages in extrahazardous work, unless
the municipality makes other equal or better provision.
Burden of payment.—All on employer.
Compensation for death:
(a)' Funeral expenses, not over $75.
(&) To persons wholly dependent, 50 per cent of the weekly wages for
eight years; not more than $4,250 nor less than $1,000.
(c) To persons partly dependent, 50 per cent of the weekly wages for
such portion of eight years as the commission may fix, the amount
not to exceed $3,000.
( d ) If no dependents, funeral expenses only.
(e) Payments to widow cease on remarriage, and to children on reaching
the age of 16 years, unless mentally or physically incapacitated.
Compensation for disability:
(a) Medical, surgical, etc., expenses, not above $150 in value.
( b ) For total disability, 50 per cent of weekly wages, $5 minimum, $12
maximum, during its continuance, total not to exceed $5,000. If
wages are less than $5, full wages will be paid.
( c ) For partial disability, 50 per cent of weekly wage loss, $12 maximum,
total not over $3,000; specific periods for specified maimings, in
lieu of other payments.
Where the injured employee is a learner, with prospect of increase of
wages, this fact may be considered in fixing awards.
Payments may, in the discretion of the commission, be made in part
or in whole in lump sums.
Revision of benefits.—*The commission may modify its findings and orders at
any time for justifiable cause.
Insurance.—Insurance in State fund, stock or mutual company, or proof of
financial ability, is required.
Security of payments.—Policies must permit action by commission to secure
payments to any person entitled. Payments may not be assigned, nor are they
subject to execution or attachment.
Settlement of disputes.—Disputes are to be settled by the industrial accident
commission, with appeal to courts.
WORKM EN*S COMPENSATION LEGISLATION.
32
MASSACHUSETTS.
Date of enactment.—July 28, 1911; in effect, July 1, 1912; amended, chapters
571, acts of 1912; 48, 448, 568, 696, 746, acts of 1913; 338, 708, acts of 1914;
123, 275, 314, acts of 1915; 72, 90, acts of 1916; 198, 249, 269, acts of 1917; 113,
119, acts of 1918.
Injuries compensated.—Injuries arising out of and in the course of employ
ment causing incapacity for 10 days, or death, unless the injury is due to the
serious and willful misconduct of the injured employee.
Industries covered.— All industries except farm labor and domestic service.
Exempted employments may come under the act if the employer so elects.
Persons compensated.—Private employment: All employees, except masters
of vessels and seamen engaged in interstate or foreign commerce and casual
employees, where the employer is an insurer under this act. Public employ
ment : The State shall, and any county, city, town, or district having power of
taxation and accepting the act may, compensate its laborers, workmen, and
mechanics.
Burden of payment.—Entire cost rests upon the employer.
Compensation for death:
(a) The reasonable expense of burial, not exceeding $100. If dependents
survive, this sum shall be deducted from the compensation payable.
( b ) To persons wholly dependent, a weekly payment equal to two-thirds the
average weekly wrages of the deceased employee, but not less than $4
nor more than $10, for a period of 500 weeks, the total not to exceed
$4,000.
(c) If only partial dependents survive, a sum proportionate to the portion
of earnings contributed to their support by the deceased employee.
Children cease to be dependents at 18, unless mentally or physically
incapacitated from earning a living.
Compensation for disability:
(a) Reasonable medical and hospital services, and medicines as needed,
for the first two weeks after injury, and in unusual cases for a
longer period, in the discretion of the board.
( b ) For total disability, a sum equal to two-thirds the average weekly
wages, but not less than $5 nor more than $14 per week, not ex
ceeding 500 weeks, nor $4,000 in amount.
(c) For partial disability, two-thirds the wage loss, but not to exceed $10
per week, and for not longer than 500 weeks.
(d) In specified injuries (mutilations, etc.), two-thirds the weekly wages,
not exceeding $10 nor less than $4 per week, for fixed periods, in
addition to other compensation.
Lump-sum payments may be substituted in whole or part, after pay
ments for injury or death have been made for not less than six
months.
flevi§ion of benefits.—Either party may demand a revision of payment at any
time. Employees must submit to medical examination to determine their physical
condition when requested by the employer.
Insurance.—Employers under the act must subscribe to the State employees’
insurance association or insure in some authorized company.
Security of payments.—Payments are not subject to assignment, attachment,
or execution.
Settlement of disputes.—Disputes are decided primarily by a member of the
industrial accident board, whose decision is subject to review by the board,
with limited appeal to the courts.
ANALYSIS OF PRINCIPAL FEATURES OF THE LAW S.
33
MICHIGAN.
Date of enactment.—March 20, 1912; in effect September 1, 1912; amended,
Nos. 50, 79, 156, 259, acts of 1913; Nos. 104, 153, 170, 171, acts of 1915; Nos. 41,
206, 235, 249, acts of 1917.
Injuries compensated.—Injuries causing incapacity to earn full wages for a
period of two weeks, or death, arising out of and in the course or employment,
unless such injuries resulted from intentional and willful misconduct of the
injured person.
Industries covet'ed.—Compulsory as to the State and its municipalities, and
each incorporated public board and commission authorized to hold property and
to sue and be sued. All industries having one or more persons in service under
contract of hire if the employer elects.
Persons compensated.—Private employment: All employees, including aliens
and minors, except casual employees. Public employment: All employees ex
cept officials of the State or of a municipality.
Burden of payment.—Entire cost rests upon the employer.
Compensation for death:
(a) To persons wholly dependent, a weekly payment equal to one-half the
deceased workman’s earnings, but not less than $4 nor more than
$10 per week for a period of 300 weeks.
(b) If only partial dependents survive, such proportion of the above as the
amount of previous contributions bears to such earnings.
(c) If no dependents, the reasonable expense of the last sickness and
burial, not exceeding $200.
Compensation for disability:
(a) Reasonable medical and hospital services for the first three weeks.
(b) For total incapacity, a weekly payment equal to one-half the earnings,
but not less than $4 nor more than $10 per week, nor for a period
longer than 500 weeks from the date of the injury, and not exceed
ing $4,000.
(c) For partial incapacity, a weekly payment equal to one-half the wage
loss, but not more than $10 per week, and for not longer than 300
weeks.
(d) For certain specified injuries (mutilations, etc.), 50 per cent of average
weekly earnings for fixed periods, in lieu of other payments.
(e ) Payments begin with the fifteenth day after the injury, but if the dis
ability continues for eight weeks or longer compensation is com
puted from the date of injury.
A fter six months lump sums may be substituted for weekly payments.
Revision of benefits.—Weekly payments may be reviewed by the industrial
accident board at the request of either party. An injured employee must sub
mit to medical examination when requested.
Insurance —Employer must furnish proof of financial ability to pay the re
quired compensation, or insure in an authorized employers’ liability company,
or in an employers’ insurance association organized under State laws, or be
come a member of a State insurance fund administered by the State commis
sioner of insurance.
Security of payments.—In case of insolvency, claims constitute a first lien
upon all property of the employer. Employers must furnish proof of financial
ability to pay conpensation, or insure in approved companies or with the State.
Settlement of disputes.—Either party may request the industrial accident
board to appoint a committee of arbitration, whose decisions are subject to
review by the board. The supreme court may review questions of law.
45615°—Bull. 243— 18------ 3
w o r k m e n ’s
34
c o m p e n s a t io n
l e g is l a t io n .
MINNESOTA.
Date of enactment.—April 24, 1913; in effect October 1, 1913; amended, chap
ters 193, 209, 1915; chapters 302, 351, acts of 1917.
Industries compensated.—Injury^ by accident arising out of and in the course
of employment causing disability for more than 1 week, or death, unless in
tentionally caused, or due to the intoxication of the injured person.
Industries covered.—All excepting common carriers by steam railroad and
farm and domestic service, in the absence of contrary election by employers.
Persons compensated.—Private employment: All employees, including aliens
and minors, in the absence of contrary election, casual employees excepted.
Public employment: All persons in the service of a county, city, town, village,
or school district, excluding public officials elected or appointed for regular
terms.
Burden of payment.—Cost rests upon the employer.
Compensation for death:
(a) $100 funeral expenses.
{ &) To a widow alone, 35 per cent of monthly wages of deceased, increasing
to 60 per cent if four or more children; to a dependent husband
alone, 25 per cent; to a dependent orphan, 40 per cent, with 10 per
cent additional for each additional orphan, with a maximum of 60
per cent; to the dependent parent or parents, if no dependent widow,
widower, or children, 30 per cent if one parent and 40 per cent if
both survive; if none of the foregoing, but a brother, sister, grand
parent, mother-in-law, or father-in-law is wholly dependent, if but
one such relative, 25 per cent, or if more than one, 30 per cent,
divided equally.
(c) If only partial dependents survive, that proportion of benefits provided
for actual dependents which contributions bore to wages earned.
{d) When no dependents are left, expense of last sickness and burial, not
exceeding $100, in addition to medical and hospital services provided
in case of disability.
Payments continue for not more than 300 weeks, and cease when a
minor child reaches the age of 18, unless physically or mentally in
capacitated from earning, and upon the death or marriage of other
dependents unless otherwise specified.
Compensation for disability:
(a) Reasonable medical and surgical treatment, not exceeding 90 days nor
$100 in value, unless ordered in exceptional cases, when $200 is the
limit.
(b) For total disability, 60 per cent of wages.
(c) For temporary partial disability, 60 per cent of the wage loss.
(d) For specified permanent partial disability (mutiliations, etc.), 60 per
cent of the earnings for fixed periods, in lieu of other payments.
Payments for death may not be more than $11 per week, and for dis
ability not more than $12; nor may they be less than $6.50, unless
the wages were less than $6.50, when the amount of wages is paid.
Payments may not extend beyond 300 weeks except for permanent
total disability, when the period is 400 weeks, with payments of
not more than $6.50 per week thereafter for 150 weeks, the total not
to exceed $5,000.
Lump sums may be substituted for periodical payments, but in case
of compensation for death, permanent total disability, or certain
maimings the consent of the court must be obtained.
Revision of benefits.—After six months from the date of an award either
party may apply to the court for revision. The employee must submit to medical
examination when requested.
Insurance.—Employers may insure in any authorized company, stock or
mutual, or maintain cooperative schemes, assuming other and greater risKs, and
other classes of industrial insurance.
Security of payments.—Insured workmen have an equitable lien upon any
policy becoming due, and in case of the employer’s incapacity the insurer shall
make payment directly to them. Claims to compensation have the same prefer
ence against the assets of the employer as unpaid wages.
Settlement of disputes.—Either party may submit a claim to the judge of the
district court, who shall determine such dispute in a summary manner, subject
to review by the supreme court as to questions of law.
ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.
35
MONTANA.
Date of enactment.—March 8, 1915; in effect July 1,1915.
Injuries compensated.—Injuries arising out of and in course of employment,
resulting from some fortuitous event, causing death, or disability for moTe than
two weeks’ duration.
Industries covered.—“All inherently hazardous works and occupations,” in
cluding manufactures, construction work, transportation, and repair of the
means thereof, and any hazardous occupation or work not enumerated, in
which employers elect, but not including agricultural, domestic, or casual labor.
Persons compensated.—Private employment: All persons other than inde
pendent contractors, employed in the industries covered, whether as manual
laborers or otherwise, except casual employees. Public employment: All em
ployees in the industries covered.
Burden of payment.—All on employer except that contributions may be
arranged for hospital fund.
Compensation for death:
(a) $75 for funeral expenses if death occurs within six months of injury.
(b) To beneficiaries (widow, widower, child or children under 16, or
invalid child above 16), 50 per cent of wages of the deceased if
residents of the United States; if not, 25 per cent, unless otherwise
required by treaty. To major dependents (father or mother), in
case there are no beneficiaries, 40 per cent. To minor dependents
(brothers or sisters actually dependent), if no beneficiary or major
dependent, 30 per cent. Nonresident alien dependents receive noth
ing unless required by treaty, nor do beneficiaries if citizens of a
Government excluding citizens of the United States from equal
benefits under compensation laws. Term of payments may not
exceed 400 weeks, $10 maximum, $6 minimum; if wages less than
$6, then full wages. Payments cease on remarriage of widow or
widower, or when child, brother, or sister reaches the age of 16,
unless an invalid.
Compensation for disability:
(a) Medical and hospital services during first two weeks after happening
of injury, not over $50 in value, unless there is a hospital contract.
W For temporary total disability, 50 per cent of wages during disability,
$10 m a x i m u m , $6 m i n i m u m , unless wages are less than $6, when
full wages will be paid, for not more than 300 weeks.
(c) For permanent total disability, same scale as above for 400 weeks,
then $5 per week while disability continues.
{d) For partial disability, 50 per cent of the wage loss, wages and benefits
not to exceed $10 nor fall below $6 in amount, unless wages at
time of injury were less than $6; payments to continue not more
than 150 weeks for permanent cases, and 50 weeks where disability
is temporary.
(e) For mannings, compensation on same scale and limits as in (b) for
terms ranging from 3 to 200 weeks, in lieu of other payments.
Periodical payments may in any case be converted in whole or in part
to lump sums.
Revision of benefits.—Decisions and awards may be rescinded or amended
at any time by the industrial accident board for good cause.
Insurance.—The employer may carry his own risk on a showing of financial
ability; security may be required for probable liabilities and must be given
when a continuing payment is ascertained. Insurance may be carried in any
company authorized to do business in the State, or the employer may contribute
to a State fund.
Security of payments.—In case of bankruptcy, etc., liabilities under this act
are a first lien upon any deposit made by an employer, and if this is not suffi
cient, then on any property of the employer or insurer within the State, and
shall be prorated with other lienable fclaims.
Settlement of disputes.—Proceedings to determine disputes under the act
must be instituted before the board and not elsewhere; limited appeal to courts.
W O RK M EN 'S COMPENSATION LEGISLATION.
36
NEBRASKA.
Date of enactment.—April 21, 1913; in effect December 1, 1914.
(Deferred
Amended, chapter 85, acts of 1917.
Injuries compensated.—Injury causing disability for more than seven days,
or death, caused by accident arising out of and in the course of employment,
except accident caused by or resulting in any degree from willful negligence
or intoxication.
Industries covered.—All industries where one or more persons are employed
by the employer in the regular trade, business, or occupation of the employer,
except domestic service, agriculture, and interstate or foreign commerce, in the
absence of contrary election. Exempt employers may make an affirmative
election.
Persons compensated.—Private employment: All employees, including aliens
and minors, but excluding casual employees, and home workers. Public em
ployment: All persons employed by the State, or any Government agency
created by the State, not having been elected or appointed for a regular term.
Burden of payment.—The entire cost rests upon the employer.
by referendum.)
Compensation for death:
(a) In addition to any other benefits, a reasonable amount not exceeding
$100 to cover expenses of last sickness and burial.
(b) To persons wholly dependent, 66f T'er cent of the employee’s wages,
but not less than $6 nor more than $12 per week, during depend
ency, but not exceeding 350 weeks; if the wages of the deceased
were less than $6 per week, then full wages are to be paid as
compensation.
(c) If only partial dependents survive, a proportion of the above corre
sponding to the relation the contribution of the deceased to their
support bore to his wages.
Compensation to children ceases when they reach the age of 16
years, unless they are physically or mentally incapacitated from
earning.
Compensation for disability:
(a) Medical and hospital services during the first 21 days, not exceeding
$200 in value; time may be extended in case of dismemberment or
major operation.
(&) For total disability, 66§ per cent of the weekly wages, but not less
than $6 nor more than $12 per week for 300 weeks; thereafter while
disability lasts 45 per cent of such wages, but not less than $4.50
nor more than $9 per week: Provided, however, If weekly wages
are less than the minimum, compensation to amount of full wages
is to be paid.
(c) For partial disability, 66§ per cent of loss of earning capacity, but not
exceeding $12 per week nor exceeding 300 weeks.
( d ) For certain specified injuries (mutilations, etc.), 66f per cent of wages
for fixed periods in lieu of other benefits, $12 maximum, $6 mini
mum, unless wages are less, then wages.
Payments begin with the eighth day, but if disability continues six
weeks or longer, compensation is computed from the date of injury.
Lump sums may be substituted for periodic payments, but if for death
or permanent disability, the approval of the court must be ob
tained.
Revision of benefits.—Benefits running for a period of six months or longer
may be revised at any time by agreement of the parties, with the approval of
the compensation commissioner, or after six months by application of either
parly to a court.
Insurance.—An employer under the act must insure his liability for comiK'iis-.ition in an authorized stock or mutual insurance company, or furnish proof
of financial ability to make payments.
Security of payments.—Insurance policies must inure directly to the benefit
of beneficiaries and be enforceable in an action by them.
Compensation rights and awards have* the same preference against the assets
of the employer as unpaid wages for labor.
Settlement of disputes.—All disputed claims must be submitted to the com
pensation commissioner, from whose award either party may appeal to the
district court of the county, the case to be heard and determined as a cause in
equity, with the right of further appeal to the supreme court.
ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.
37
NEVADA.
Date of enactment.—March 15, 1913; in effect July 1, 1913; amended, chapter
190, acts of 1915; chapter 233, acts of 1917.
Injuries compensated.—Injuries arising out of and in the course of employ
ment, causing incapacity to earn full wages for more than seven days or death,
except when caused by the employee’s willful intention to injure himself or
another or the injury is sustained while intoxicated.
Industries covered.—All except domestic and farm labor, provided the em
ployer elects; compulsory as to the State and its municipalities.
Persons compensated.—Private employment: All employees in the industries
covered. Public employment: All employees.
Burden of payment.—The entire cost rests on the employer, except that he
may deduct one-half the cost of an “ accident benefit fund,” not more than $1
per month, from each employee’s wages for medical, etc., expenses.
Compensation for death:
{a) Burial expenses not to exceed $125.
(b) To widow- or dependent widower, 30 per cent of the average wages,
with 10 per cent additional for each child under 18 years of age,
the total not to exceed 66§ per cent. If only children survive,
they receive 15 per cent - for each child, the total not to exceed
66§ per cent. If there are none of the foregoing-, dependent parents
may receive 25 per cent of the average monthly wage during de
pendency ; if dependent brothers or sisters under 18, 20 per cent
for one, and 30 per cent if more than one. Other cases of total
or partial dependency are to be dealt with according to the facts.
Payments to a widow or dependent widower cease on remarriage,
but the widow is to receive tw~o years’ benefits in a lump sum. Pay
ments to children cease on their reaching the age of 18, unless in
capable of self-support.
Payments to nonresident alien beneficiaries are 60 per cent of the
above amounts.
No excess of wages above $120 per month shall be considered in
awarding benefits.
No lump-sum settlements are allowed, in case the widow, dependent
children, or other persons are wholly dependent.
Compensation for disability:
(a) Reasonable medical, surgical, and hospital aid for not more than 90
days, but may be extended to 1 year by the industrial commission.
( b ) For temporary total disability, an amount equal to one-half the aver
age monthly wages, but not less than $20 nor more than $70 for 12
months, and not over $60 thereafter.
(c) For permanent total disability, 50 per cent of the average monthly
wage, not less than $20 nor more than $50, payable during life.
(d) For partial disability, one-half the loss of earning capacity, but not
more than $40 per month for not more than 60 months, wages in
excess of $140 per month not to be considered.
( e ) For certain specific injuries (mutilations, etc.), a monthly payment
equal to one-half the monthly wages, not less than $20 nor more
than $60, for fixed periods, in addition to the payments for tem
porary total disability.
No compensation is payable for the first week of disability, but if it
continues three weeks or longer compensation is paid from the date
of the injury.
The industrial commission may permit the substitution of lump sums
for monthly payments in an amount not exceeding $5,000.
Revision of benefits.—Readjustment of compensation may be made by the
commission on application therefor.
Insurance.—Employers coming under this act must insure in the State in
surance fund.
Security of payments.—State management of the insurance-fund and collec
tion of premiums by the State. Payments are not assignable and are exempt
from attachment, etc.
Settlement of disputes.—All matters relating to the amount of compensa
tion 1o be paid are determined by the industrial commission.
38
w o r k m e n ’s
c o m p e n s a t io n
l e g is l a t io n .
N E W H A M P S H IR E .
D ate o f enactment.— April 15, 1911; in effect January 1, 1912.
In juries compensated.— Any injury to an employee arising out o f and in the
course o f employment causing disability o f over two weeks, or death, unless due
to w illful misconduct, intoxication, or violation o f law.
Industries covered.— Industries dangerous to life or limb, including the op
eration and maintenance o f steam and electric railroads, work in shops, mills,
factories, etc., employing five or more person s; w ork .about lines or cables
charged with electricity ; operations dangerously near explosives used in the
industry, or to a steam boiler owned and operated by the em p loyer; and work
in or about any quarry, mine, or fo u n d ry ; provided the employer elects.
Persons compensated.— Private em ploym ent: All workmen engaged in any of
the employments covered by this law. Public em ploym ent: Government em
ployees are not mentioned.
Burden o f payment.— Entire cost rests upon the employer.
Compensation fo r death:
(a ) To persons wholly dependent, a sum equal to 150 times the average
weekly earnings o f the deceased, not to exceed $3,000.
(b ) I f only partial dependents survive, such proportion o f the above com
pensation as corresponds to the portion o f wages contributed to
their support.
(e ) I f no dependents are left, expenses o f medical care and burial to a
reasonable amount, not in excess o f $100.
Compensation for disability:
(a ) For total disability, a sum beginning with the fifteenth day, not ex
ceeding 50 per cent o f average weekly earnings.
(b ) For partial disability, a sum not in excess o f 50 per cent o f the loss
o f earning capacity.
In no case is compensation to exceed $10 a week nor run for a longer
period than 300 weeks.
T h e co u rt m a y d e te rm in e th e a m o u n t o f lu m p s u m s p a y a b le as a
su b stitu te f o r w e e k ly p a y m e n ts.
Revision o f benefits.— The injured person, when requested by the employer,
must submit to medical examination not oftener than once a week.
Insurance .— N o p ro v isio n .
Security of payments.— The employer must satisfy the commissioner o f labor
o f his ability to pay the required compensation or file a bond conditioned on
the discharge o f all liability incurred under the act.
W eekly payments have the same preferential claims against the assets o f
the employer as is allowed for unpaid wages or personal services.
Settlem ent of disputes .— All questions not settled by agreement are deter
mined by an action in equity.
ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.
39
NEW JERSEY*
D ate o f enactment.— April 4, 1911; in effect July 1, 1911; amended May 2,
1911, April 1, 1912, March 27, 1913, and April 17, 1914.
Injuries compensated.— Injury by accident arising out o f and in the course
o f employment causing disability o f over two wTeeks, or death, unless inten
tionally self-inflicted or due to intoxication.
Industries covered.— All employments in the absence o f contrary election.
Persons compensated.— Private em ploym ent: All employees except xiasual.
Nonresident aliens receive no benefits. Public em ploym ent: Every employee of
the State, county, municipality, board- or commission, or other governing body,
including boards of education, except persons receiving a salary greater than
$1,200 per year, and those holding an elective office.
Burden of payment.— The entire cost rests upon the employer.
Compensation fo r death:
(a ) The expense o f the last sickness and o f burial, not exceeding $100
for burial.
(b ) To one dependent, 35 per cent o f the wages o f the deceased person,
and for each additional dependent 5 per cent additional, the total
, not to exceed 60 per cent, payable for not more than 300 weeks.
Compensation not to be less than $5 nor more than $10 per week,
unless the earnings were less* than $5, when full wages are paid.
(c ) I f no dependents, chapter 203, acts o f 1918, requires the sum o f $400
to be paid to the commissioner o f labor.
Payments to widows cease on remarriage, and to orphans on reaching
the age o f 18, unless physically or mentally deficient.
A lump-sum payment may be substituted at the discretion o f the
court of common pleas.
Compensation for disability:
(a ) Reasonable medical and hospital services for the first two weeks o f
incapacity, not exceeding $50 in value.
(b ) For temporary total disability 50 per cent o f wages, payable during
disability, but not beyond 300 ^eeks.
(c ) For permanent total disability, 50 per cent o f wages during such dis
ability, not beyond 400 weeks.
( d) For certain specific injuries (mutilations, etc.) producing partial but
permanent disabilities, 50 per cent o f wages during fixed periods,
in addition to payments for any period o f total disability.
A ll weekly payments are subject to the same rule as to minimum and
maximum, as for death benefits.
A lump-sum payment may be substituted at the discretion o f the
court of common pleas.
Revision o f benefits.— At any time after one year from the time an award
becomes operative, either party may demand a revision o f benefits.
Insurance.— No provision in the principal act. Supplemental acts (ch. 178
and ch. 262, acts o f 1917) require every employer, whether accepting the com
pensation act or not, to furnish proof of ability to carry his own insurance, or
to be insured in an authorized com pany; the insurance provisions do not apply
to farm laborers or domestic service.
Security of payments.— Insurance policies must be for the benefit o f the
employees, and be directly available on suits by them fo r their enforcement.
The right o f compensation has the same preference against the assets o f the
employer as is now or may hereafter be allowed by law for a claim for unpaid
wages.
Settlement o f disputes.— A workmen’s compensation bureau created by chap
ter 149, acts o f 1918, is charged with the duty o f hearing and determining dis
putes, subject to an appeal to the courts.
40
WORKMEN *S COMPENSATION LEGISLATION.
NEW MEXICO.
D ate o f enactment.— March 13, 1917; in effect June 8, 1917.
Injuries compensated.— Injury by accident arising out o f and in course o f em
ployment, causing disability for more than three weeks or death, not due to the
intoxication o f the injured man or w illfully suffered by him or intentionally
inflicted by himself or another.
Industries covered.— Extra hazardous occupations (enumerated list) in which
four or more persons are employed, unless contrary election is made. I f the
injury Is received while at work on a derrick, scaffold, etc., 10 or more feet
above ground, the act applies without regard to the number of employees.
Other occupations may be included by join t written agreement.
Persons compensated.— Private em ploym ent: All employees in the indus
tries covered, except those purely casual and not for the purpose o f the em
ployer’s trade or business. Public em ploym ent: Not mentioned.
Burden o f payment.— All on employer.
Compensation for death:
(a ) $50 for funeral expenses if death occurs within one year from the
date o f the injury, and as a proximate result.
(&) 40 per cent o f earnings, not to exceed $10 per week, to dependent
widow or w idower alone, .with 5 per cent additional for each c h ild ;
25 per cent to one or two orphans, 10 per cent additional fo r each
additional child, totals in the foregoing cases not to exceed 60 per
cent. I f no spouse or child survives, a parent or parents in any
degree dependent receives 20 per c e n t; if none o f the foregoing
survive and there are brothers or sisters in any degree dependent,
15 per cent shall be paid for one, and 5 per cent for each additional
one, the total not to exceed 25 per cent.
(c ) No payment shall extend beyond 300 weeks, nor shall amounts paid
partial dependents exceed the actual contributions made by the
deceased to their support. Payments cease on the remarriage o f
a widow or widower, on a child, brother, or sister attaining the age
o f 18, unless mentally or physically incapacitated for earning, on the
death o f any dependent, the adoption o f an infant, or his becoming
self-supporting before reaching 18 years o f age.
The earnings upon which death benefits are computed shall be taken
as not above $30 per week.
Compensation for disability:
{a ) Medical, surgical, and hospital services ,for the first three weeks, not
over $50 in value, unless an adequate scheme o f hospital service has
been provided for, in which case such scheme shall be follow ed out.
(b ) For total disability, 50 per cent of the workman’s earnings, not over
$10 nor less than $5 per week, unless the earnings are less than
$5, when the full amount shall be paid, the term not to exceed
520 weeks.
(c ) For permanent partial disability, 50 per cent o f earnings for specified
injuries, for various periods ranging from 3 to 150 weeks, in addi
tion to payments for any period o f total d isab ility ; other cases
to be compensated proportionately.
Lump-sum settlements may be approved for part or all the benefits,
for either disability or death.
Revision of benefits.— The employer may at any time require a medical exami
nation to determine whether or not the employee has recovered, and the* court
may hear evidence and adjust awards accordingly.
Insurance.— Employers under the act must file with the district court o f
the county insurance or security for the payment o f benefits provided by this
act, unless a certificate o f financial ability is obtained.
Security o f paym ents.— Policies o f insurance must inure directly to the bene
fit o f claimants. Benefits are exempt from attachment or execution, and can
not be assigned.
Settlem ent o f disputes.— Act is administered by district courts o f the coun
ties, by which all disputes are settled. Proceedings are to be summary as far
as possible. Appeals lie to the supreme court.
ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.
41
NEW YORK.
[C om p u ls ory la w .]
D ate o f enactment.— December 13, 1913; in effect July 1, 1914; amended,
chapters 41, 316, acts o f 1914; 167, 168, 615, 674, acts o f 1915; 622, acts of
1916; 705, acts o f 1917; chapters 249, 633, 634, 635, acts o f 1918.
Injuries compensated.— Accidental injuries arising out o f and in course of
employment, and disease or infection naturally and unavoidably resulting there
from, causing disability for more than two weeks, or death, unless caused by
the w illful intention o f the injured employee to bring about the injury or
death of himself or another, or by his intoxication while on- duty.
Industries covered.— “ Hazardous employments,” including extensive classified
l is t ; also all other employments not so enumerated, in which four or more
workmen or operatives are regularly employed, domestic and farm labor e x
cepted.
Persons compensated.— Private em ploym ent: All employees in industries
covered, farm laborers and domestic servants not included. Public em ploym ent:
Included.
Burden o f payment.— Entire cost rests on employer.
Compensation fo r death:
(a ) $100 for funeral expenses.
( b) To a widow or dependent widower alone, 30 per cent o f wages o f de
ceased, 10 per cent additional for each child under 1 8 ; dependent
orphans under 18 receive 15 per cent each, and dependent parents,
brothers, or sisters receive 15 per cent e a c h ; aggregate payments in
no case to exceed 66§ per cent.
(c ) Payments to widow or widower cease on death or remarriage or when
dependence o f widower ceases, with two years’ compensation on re
marriage ; payments to children, brothers, and sisters cease at 18,
and to parents when dependence ceases.
In computing the above benefits no wages in excess o f $100 monthly
are considered.
Compensation fo r disability:
(a ) Medical and surgical treatment and hospital services for 60 days, or
longer where the conditions require, costs to be approved by the
commission.
(b ) For total disability, 66§ per cent of wages during continuance.
(c j For partial disability, 66§ per cent o f wage loss; for specified perma
nent partial disabilities (mutilations, etc.), 66| per cent o f wages for
fixed periods, in lieu o f other paym ents; separate provision for
disfigurements.
The foregoing payments may not be less than $5 nor more than $15
per week, except for certain mannings the maximum may be $20.
Payments begin on the fifteenth day, but if the disability continues for
more than 49 days, compensation is allowed from the beginning.
Revision of benefits.— Awards may be reviewed at any time, and ended or
increased or decreased within the limits fixed.
Insurance.— Employer must give proof of financial ability to make payments
(deposit o f securities may be required), or must insure in State fund or mutual
or stock company.
Security o f payments.— Insurance may be made to inure directly to the benefit
of claim ants; insolvency o f employer does not release insurance company. Pay
ments have same preference as unpaid wages for labor.
Settlem ent of disputes .— Disputes are settled by the State industrial commis
sion, with limited appeal to courts.
42
w o r k m e n 's
COMPENSATION LEGISLATION.
OHIO.
Date o f enactment.— June 15, 1911; in effect January 1, 1912; amended
pages 72, 396, acts o f 1913; 193, acts o f 1914; 508, acts of 1915; 6, 157, 450,
528, acts o f 1917.
Injuries compensated.— All injuries, not self-inflicted, received in the course
of employment, causing disability beyond one week, or death.
Industries covered.— All industries employing five or more persons regularly
in the same bu siness; also establishments with less than five workmen, if the
employer elects to pay the premiums provided by this act.
Persons compensated.— Private' em ploym ent: All employees excluding per
sons whose employment is but casual and not in usual course o f trade or
business o f employer, but including aliens and minors law fully employed.
Public em ploym ent: Persons in the service o f the State, or its political sub
divisions, excepting the officials of the State or municipal governments, and
policemen and firemen in cities where pension funds are established and
maintained by municipal authority.
Burden of payment.— Entire cost rests upon the employer
Compensation for death:
(a) Burial expenses not to exceed $150.
(b) To persons wholly dependent, 66§ per cent o f the average weekly
earnings o f the deceased workman, for eight years after the date
o f the injury, not less than $2,000 nor more than $5,000.
(c) I f only partial dependents survive, a proportionate sum to continue
for all or such portion o f the period of eight years as the indus
trial commission may determine in each case, not exceeding a
maximum of $5,000.
(d) I f no dependents, medical and hospital services not exceeding $200
in value and burial expenses as above.
Compensation for disability:
(a) Medical, hospital, etc., services, not to exceed $200, but more may
be allowed in cases o f actual necessity.
(b) For temporary total disability, a weekly payment of 66§ per cent o f
average weekly wages, during disability, not less than $5 nor more
than $12 per week, but not for longer than six years, nor exceeding
$3,750.
(c ) F or permanent total disability, a weekly payment as above, continu
ing until death.
(d) For partial disability, 66§ per cent of loss o f earning capacity, dur
ing the continuance thereof, but not exceeding $12 per week, or
a total o f $3,750.
(e ) In certain specified injuries (mutilations, etc.), compensation o f 06§
per cent o f wages, for fixed periods, with the same maximum and
minimum limitations as noted above, in addition to payments dur
ing temporary total disability.
In all cases, if wages are less than prescribed minimum, then total
wages are paid as compensation; an expected increase in wages
may be given consideration.
Revision of benefits.— The industrial commission may from time to time
make such modification or change irt its former findings o f fact as it deems
necessary.
Insurance.— The law creates a State insurance fund, under control o f an in
dustrial commission, in which employers under the act must insure, or give
proof o f ability to provide benefits equal to those provided by the State in
surance fund. Noninsuring employers may be required to give security or
bond to guarantee the payment o f benefits falling due.
Security of payments.— Insurance is under State control. Claims for com
pensation under this law have the same preference against the assets o f the
employer as is or may be allowed by law on judgments rendered for claims
for taxes.
Settlement of disputes.— The commission hears and determines all cases
within its jurisdiction, lim ited right o f appeal to the civil courts being re
served to the claimant.
ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.
43
OKLAHOMA.
D ate o f enactment.— M arch 22, 1915; in effect September 1, 1915.
In juries compensated.— Personal injuries causing disability for more than
two weeks arising out o f and in course of employment, not due to the w illful
intention of the injured employee to injure himself or another, intoxication, or
w illful failure to use statutory safeguard. Fatal injuries not covered.
Industries covered.— “ H azardou s” (enumerated list and general clause), in
which more than two persons are employed, including work by State or muni
cipalities; agriculture, stock raising, retail stores, and interstate railways not
included.
Persons compensated.— Private em ploym ent: Persons engaged in manual or
mechanical work or labor in industries covered. Public em ploym ent: Workmen
em ployed for wages in any hazardous w ork within meaning o f this act.
Burden of payment.— All on employer.
Compensation fo r death.— Fatal injuries not covered.
Compensation fo r disability:
(a ) Necessary medical, surgical, or other treatment fo r first 15 days.
(b ) For temporary total disability, 50 per cent o f average weekly wages
for not more than 300 weeks.
(c ) For permanent total disability, 50 per cent o f average weekly wages
for not more than 500 weeks.
(d ) For permanent partial disability, 50 per cent o f wage loss for not
more than 300 w eeks; for specified injuries, 50 per cent o f weekly
wTages for fixed periods in lieu o f other compensation.
Payments may not exceed $10 per week nor be less than $6 unless
wages were less than $6, when full wages will be paid. Periodical
payments may be commuted to lump sums, and aliens who are non
residents may have payments commuted to lump sums equal to oneh alf the value o f the present worth.*
Revision of benefits.— Awards may be reviewed at any time on application o f
any party iii interest.
Insurance.— Insurance, the maintenance o f a benefit fund, or proof o f ability
to make compensation payments is required.
Security o f payments.— Insurance companies or fund systems must be ap
proved by the commission. Claims can not be assigned, and payments are ex
empt from levy, execution, etc. Deposits with the commission to secure pay*^
ments may be required o f employers or insurers.
Settlem ent o f disputes.— Disputes may be settled by the industrial commis
sion, subject to appeal to the supreme c o u rt
44
w o r k m e n ’ s c o m p e n s a t io n
l e g is l a t io n .
OREGON.
D ate o f enactm ent .— February 25, 1913; in effect June 30, 1914. (D eferred
by referendum .) Amended, chapter 271, acts o f 1915; 288, acts o f 1917.
Injuries compensated.— Injuries by accident arising out o f and in the course
o f employment, except those brought about intentionally.
Industries covered.— All hazardous occupations, including factories, mills, and
workshops employing m ach in ery; mines, quarries, wharves and docks, dredger,
engineering w o rk s ; building tra d es; telegraph, telephone, electric light and
power plants or lines, steamboats, tugs and ferries; all in absence o f contrary
election. Other employers may accept the law by affirmative election.
Persons compensated.— Private em ploym ent: Any workman employed as above
in absence o f contrary election. Nonresident alien beneficiaries other than
parent, spouse, or child are not included unless otherwise provided by treaty.
Public employm ent: State and municipalities, irrigation districts, etc., may
elect to come under the act.
Burden o f payment.— The employer deducts 1 cer.t from employee’s daily
earnings, and him self contributes this sum and a percentage o f his monthly pay
roll, fixed according to industry. The State gives a subsidy.
Compensation fo r death:
(a ) Burial expenses not to exceed $100.
(b ) To w idow or invalid widower, a monthly payment o f $30, and to each
child under 16 (daughters 18), $6 a month, the total monthly pay
ments not to exceed $50.
(c ) To orphans under 16 years of age (daughters 18), a monthly payment
of $15 e a c h ; the total monthly payments not to exceed $50.
(d ) To other dependents, there being none o f the foregoing, a monthly pay
ment to each of 50 per cent o f the average support received during
the preceding year, but not to exceed $30 a month in all.
(e ) To parents o f an unmarried minor, a monthly payment o f $25, until
such time as he would have been 21, after which time compensation
shall be paid according to (d ) above.
Payments to widow or widower continue until death or remarriage.
On remarriage o f w idow she receives a lump sum o f $300. Pay
ments to a male child cease at 16 and to a fem ale at 18, unless the
child is an invalid.
Compensation for disability:
(a ) Transportation, medical, surgical, and hospital expenses not exceeding
$250 in value.
(b ) For permanent total disability, monthly payments as follow s: (1) I f
unmarried at the time o f the injury, $30; (2) if with w ife or invalid
husband, but no child under 16 years, $35; if the husband is not an
invalid, the sum is $30; (3) if married or a w idow or w idower with
a child or children under 16 years, $6 additional to the provision
under (2 ) above, fo r each child until 16 years o f age; the total
monthly payments not to exceed $50.
(c ) For temporary total disability, the above payments apply during dis
ability, increased 50 per cent for first six months, but in no case to
exceed 60 per cent o f monthly wrages.
(d ) For temporary partial disability, a proportionate amount, correspond
ing to loss o f earning power for not exceeding two years.
(e ) For certain specified injuries (mutilations, etc.), monthly payment of
$25 per month payable for fixed periods, less the time during which
any payments were made on account o f total disability. A lump
sum at the option o f the injured person is provided in some cases.
Partial lump-sum payments to any beneficiary may be substituted at
the discretion o f the commission.
Revision of benefits.— The rate of compensation may be readjusted either upon
the application o f the beneficiary or by the State industrial accident commis
sion upon its own initiative.
Insurance.— Insurance is effected through the State industrial accident- fund,
under supervision o f the State industrial accident commission.
Security o f payments.— Insurance under State control.
Settlem ent o f disputes.— Any decision o f the commission is subject to review
by the circuit court, and appeals lie fifom the circuit court as in other civil
cases.
ANALYSIS OF PRINCIPAL FEATURES OP THE LAWS.
45
PENNSYLVANIA.
D ate o f enactment.— June 2, 1915; in effect January 1, 1916.
Injuries compensated.— Personal injury by accident in tlie course o f employ
ment, causing disability for more than 14 days or death in 300 weeks, not in
tentionally self-inflicted or due to the intentional act of a third person for
reasons not connected with the employment.
Industries covw ed.— All, unless employer makes election to the contrary.
A supplemental act (No. 359, acts o f 1917) requires all contracts with the State
or any municipality to contain a provision that the contractor shall accept the
provisions o f the compensation law. (Agricultural and domestic employees are
excluded by a separate act.)
Persons compensated.— Private employm ent: All persons rendering service
to another for a valuable consideration, casual employees, and those working
on material given out to be made up, repaired, etc., on premises not under the
control o f the employer excepted. Public em ploym ent: All employees.
Burden o f payment.— All on employer.
Compensation fo r death:
(a ) $100 funeral expenses.
(b ) 40 per cent o f weekly wages to widow or dependent widower, 5 per
cent additional for each child, total not to exceed 60 per cen t; if
. no parent, 25 per cent if one or two children, 10 per cent additional
for each child in excess o f two, total not to exceed 60 per c e n t; if no
consort or child under 16, but dependent parent, brothers, or sisters,
15 to 25 per cent o f wages.
(c ) Payments cease on death, remarriage o f widow- or widower, cessation
o f dependence o f widower, or when a child, brother, or sister attains
the age o f 16; not to continue beyond 300 weeks, unless for children
under 16, when 15 per cent o f wages w ill be paid for one and 10
per cent additional for each additional child, total not to exceed 50
per cent. Basic wages are not less than $10 nor more than $20
wreekly.
Compensation fo r disability:
{a ) Reasonable medical, surgical, and hospital expenses for first 14 days
after disability begins, cost not to exceed $25, unless m ajor surgical
operation is necessary, when $75 is the maximum.
( b ) F o r to ta l d is a b ility , 5 0 p e r ce n t o f w e e k ly w a g e s f o r 5 0 0 w e e k s, $5
minimum, $10 maximum, total not to exceed $4,000; if wages less
than $5, full wages w ill be paid.
(c ) For partial disability, 50 per cent of weekly wage loss, $10 maximum,
for not over 300 w eek s; fixed periods for specified injuries, in lieu
o f other payments, $5 minimum, $10 maximum, full wages if less
than $5.
Payments may be commuted to a lump sum.
R evision of benefits.— Agreements and awards may be reviewed by the board
at any time fo r proper cause.
Insurance.— Employers must insure in the State fund, a stock or mutual
company, or give proof o f financial ability.
Security o f payments.— Agreements or claims may be filed w ith a prothonotary, who enters them as a judgment, and if approved by the board they be
come a lien on the property o f the employer. A separate act provides fo r direct
payments from insurance companies to the beneficiaries, in case o f the em
ployer's failure to make payments o f benefits.
Settlem ent of disputes.— Disputes are settled by a workmen’s compensation
board, with appeal to courts.
46
WORKMEN*S COMPENSATION LEGISLATION.
PORTO RICO.
D ate of enactment.— April IB, 1916; in effect July 1, 1916; amended, act No. 9,
acts o f 1917. New act, February 25, 1918; in effect July 1, 1918.
Injuries compensated.— All personal injuries by accident occurring to a
laborer while engaged in his work, causing death or disability, excepting in
juries due to an attempt to commit crime or to injure his employer or another
person, intoxication, or gross negligence, or the criminal act o f a third person.
Industries covered .— All industries employing three or more persons except
domestic service and agricultural w ork without mechanically driven machinery.
Persons compensated.— Private em ploym ent: All employees o f employers cov
ered by the act, clerical employees in offices and commercial establishments
where machinery is not used excepted; also excepting employees whose earnings
exceed $1,200 per year. Public employm ent: Included.
Burden o f payment.— All on employer.
Compensation fo r death.— A compensation o f three to fou r thousand dollars
as a maximum to persons wholly dependent, the amount to be graded accord
ing to the earning capacity o f the deceased, and fehe number o f beneficiaries.
Benefits may be apportioned among the dependent legal heirs by the w ill o f the
decedent if not in conflict with this act or the code.
Compensation fo r disability:
(a ) Medical attendance, medicines, also hospital services when necessary,
and sustenance, as the workm an’ s relief commission may prescribe;
but the allowance for medicine and food supplies shalt be deducted
from the compensation granted, and none allowed after the award.
(b ) For temporary disability an amount equal to one-half the weekly
wages, not less than $3 nor more than $7, for not more than 104
weeks.
(c ) For permanent total disability not less than $2,000 nor more than
$4,000, in proportion to the rate o f wages earned at the time o f
injury.
( d) F o r p e rm a n e n t p a r tia l d is a b ility n o t le ss th a n $1,300 n o r m o re th a n
$2,500, in proportion to the rate o f wages earned at the time o f
injury. The time and manner o f payments are to be determined by
the workm an’s relief commission.
Revision o f benefits.— No provision.
Insurance.— All payments are made from the workm an’s relief trust fund
established by the act, to which all employers covered by the act contribute.
Security o f paym en ’ —Fund is administered by the treasurer o f the island.
Rights and actions not assignable nor subject to attachment.
Settlem ent o f disputes.— Claims are passed upon by the workm an’s relief
commission, with limited appeal to the courts.
ANALYSIS OP PRINCIPAL FEATURES OF THE LAWS.
47
RHODE ISLAND.
D ate o f enactment.— April 29, 1912; in effect October 1, 1912; amended, chap
ters 937, acts o f 1913; 1268, acts o f 1915; 1534, acts o f 1917.
Injuries compensated.— Personal injuries by accidents arising out o f and in
the course o f employment causing incapacity for earning full wages for a
period of more than tw o weeks, or death, except where the injury resulted from
the w illful intention o f the injured person to injure him self or another, or from
intoxication.
Industries covered.— A ll industries except domestic service and agriculture,
if the employer elects. Defenses in suits for damages are not abrogated unless
more than five persons are employed.
Persons compensated.— Private employm ent: All employees in establishments
covered by this act in absence o f contrary election, casual employees and those
earning above $1,800 a year excepted. Public employm ent: Employees o f the
State, and such classes o f employees o f cities and towns electing to accept the
act as are designated in the act o f acceptance, but not including members o f
regularly organized fire and police departments.
Burden o f payment.— Entire cost rests upon the employer.
Compensation fo r death:
(a ) To persons wholly dependent, a weekly payment equal to one-half the
average weekly earnings of the deceased employee, but not less than
$4 nor more than $10 per week, for a period o f 300 weeks.
(b ) I f only partial dependents survive, a sum proportionate to the amount
which the annual contributions bore to the annual earnings o f the
deceased, for not exceeding 300 weeks.
( c ) I f no dependents, the expense o f the last sickness and burial o f the
deceased employee, not exceeding $200.
Payments to children cease on their reaching the age o f 18 years unless
they are physically or mentally incapacitated.
Compensation fo r disability:
(a ) The necessary medical and surgical care and hospital services for the
first fou r weeks after the injury.
(b ) For total incapacity, a weekly payment equal to one-half the wages,
but not less than $4 nor more than $10 per week, during such inca
pacity, but not for a longer period than 500 weeks.
(c )
F o r p a r tia l in c a p a c ity , a w e e k ly p a y m e n t e q u a l to o n e -h a lf th e lo s s o f
earning power, but not exceeding $10 per week, during such inca
pacity, and not for a longer period than 300 weeks.
( d) For certain specified injuries (mutilations, etc.), in addition to the
above, one-half the wages, weekly payments to be not less than $4
nor more than $10 per week, for fixed periods.
Payments begin on the fifteenth day, but if the incapacity extends
beyond four weeks, they begin with the date o f the injury.
Lump-sum payments may be substituted by order o f the superior
court after compensation has been paid for six months for either
death or injury.
R evision o f benefits.— Amounts payable may be reviewed and modified by the
superior court at any time within two years, i f the time for payments has not
expired.
Insurance.— Employers must insure, give proof o f financial ability to make
direct payments, or furnish security or bond. I f employees contribute to any
approved scheme or insurance plan, proportionate added benefits must be pro
vided.
Security of payments.— Insurers are directly liable to claim an ts; beneficiaries
have a first lien on any sum due from insurers to the employer on any policy.
Settlem ent o f disputes.— Disputes are settled by the superior court on a peti
tion in the nature o f a petition in equity, filed by any party in interest. Appeals
may be carried to the supreme court by any aggrieved person.
48
w o r k m e n ’ s c o m p e n s a t io n
l e g is l a t io n .
SOUTH DAKOTA.
D ate o f enactment.— March 10, 1917; in effect June 1, 1917.
Injuries compensated.— Injuries by accident arising out o f and in course o f
employment, causing disability for more than two weeks, or death, not due to
intoxication or w illful misconduct.
Industries covered.— All except agriculture and domestic service, in the ab
sence o f contrary election.
Persons compensated.— Private employm ent: All persons in service under a
contract o f hire or apprenticeship, except those whose employment is casual and
not in the usual course o f the business or trade o f the employer. Public em
ployees: Employees o f the State and its municipalities are included.
Burden of paym ent.— All on the employer, except that one-half o f the fees
o f arbitrators may be charged to the compensation allowed in any case.
Compensation in case o f death:
(a ) To a dependent widow, child, or children, a sum equal to four times
the average annual earnings o f the deceased person, not less than
$1,650 nor more than $3,000; if none o f these, similar amounts may
be paid to a dependent parent, grandparent, brother, or sister. I f
there are none o f the foregoing, collateral dependent heirs may
receive such a percentage o f the same amount as the deceased
workm an’s contributions to their support during the preceding two
years are o f his earnings during such period.
(b ) I f there are no dependents, the employer shall pay burial expenses in
an amount not exceeding $150.
Payments are to be made in installments equal to one-half the wages,
as the wages were paid, or weekly, if that is not feasible. Pay
ments cease on the death o f a beneficiary or the remarriage o f a
widow.
Compensation fo r disability:
( a) Necessary medical, surgical, and hospital services for not more than
four weeks nor in an amount above $100.
(&) F or total disability, 50 per cent o f the weekly earnings, not more
than $12 nor less than $6, until four years’ earnings are paid.
(c ) For partial disability, 50 per cent o f the wage loss, not over $12 weekly,
fo r not longer than six y e a rs; for specified injuries payments are
to be made for fixed periods, in addition to the amount paid during
any period o f total disability.
(d ) For serious and permanent disfigurement o f the hand, head, or foot
not giving rise to other awards, an agreed or arbitrated award o f
not more than one year’s earnings.
No payment is made for disability o f not more than two weeks’ dura
tion, but if it continues for eight weeks or more, compensation
is payable from the date o f the injury. Commutation to lump sums
may be arranged for on a proper showing.
JRevision o f benefits.— Awards may be reviewed by the industrial commis
sioner at the request o f either party, and modified according to the findings.
Insurance.— Insurance in an approved company or association is required,
unless satisfactory proof o f financial ability to make payments is furnished, or
sufficient security is deposited with the State insurance department to guaran
tee payments.
Security o f paym ents .— Insurance policies are to be valid regardless o f the
employer’s solvency, and must provide that the workman shall have a first
lien upon any amount Incoming due him thereunder. Claims are unassignable,
and payments are exeirpt from execution.
Settlem ent of dispvA<s.— Arbitrators are to be chosen, one by each party, the
industrial commissioner acting as chairman. I f review is claimed, the com
missioner may revise the decision or refer it back to the arbitration board.
Appeal lies to the courts only on questions of law.
ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.
49
TEXAS.
Date of enactment.— April 16, 1913; in effect September 1, 1913; amended,
chapter 103, acts o f 1917.
Injuries compensated.— Personal injury sustained in tlie course o f employ
ment causing incapacity to earn full wages for at least one week, or death, not
due to the act o f God, unless the employment is specially exposing, nor to the
intentional act of a third person committed for personal reasons not connected
with the employment, nor to the injured man’s w illful intent to injure himself
or another, nor received while intoxicated.
Industries covered.— All in which three or more persons are employed, except
domestic and farm labor, railways operated as common carriers, and vessels
in interstate and foreign commerce, if the employer elects.
Persons compensated.— Private em ploym ent: All employees in industries in
cluded, except those not in the usual course of the employer’s trade or business.
Public employm ent: No provision.
Burden of payment.— The entire cost rests upon the employer.
Compensation for death:
(a) To the legal beneficiaries o f the deceased employee, a weekly payment
equal to 60 per cent of his wages, not less than $5 nor more than
$15, for a period o f 360 weeks, distributed according to law gov
erning property distribution.
(b) I f no beneficiaries are left, the expenses o f the last sickness and in
addition a funeral benefit not to exceed $100.
Compensation for disability:
(a) Medical and hospital care for the first two w eeks; hospital care for
two weeks additional if necessary.
(b) For total incapacity, a compensation equal to 60 per cent o f the aver
age weekly wages o f the injured person, but not less than $5 nor
more than $15 per week, during such disability, but not exceeding
a period o f 401 weeks.
(c) For partial incapacity, a compensation equal to 60 per cent of the loss
o f earning power during such disability, in no case to exceed $15
per week, but not exceeding 300 weeks, or for both partial and total
disability, 401 weeks.
(<J) F or certain specified injuries (mutilations, etc.), compensation equal
to 60 per cent o f the average weekly wages o f the injured person,
for fixed periods, not less than $5 nor more than $15 per week, in
lieu o f all other compensation.
A lump-sum payment may be substituted for weekly payments in
cases o f death or permanent total disability, subject to the ap
proval of the industrial accident board.
Revision of benefits.— On its own motion or on application o f an interested
party, the industrial accident board may at any time review an award.
Insurance.— Employers come under the law only by taking insurance, which
may be effected through the Texas Employers’ Insurance Association, or in
any company admitted to do business in the State.
Security of payments.— Compensation is payable directly by the insurance
association. Policies in other companies are subject to the provisions o f the
act. All benefits are nonassignable, and are exempt from garnishment, attach
ment, etc.
Settlement of disputes.— Disputes are referable to the industrial accident
board, whose decisions are subject to appeal to any court o f competent ju ris
diction.
45615°— Bull. 243— 18------ 4
50
W O RK M E N ’ s COMPENSATION LEGISLATION”.
UTAH.
D ate o f enactment.— March IS, 1917; in effect July 1, 1917.
Injuries compensated.— Injuries by accident arising out o f and in course of
employment, causing disability for more than 10 days, or death.
Industries covered.—Compulsorily, all except agriculture and domestic serv
ice, in which four or more persons are em ployed; elective where less than four
employees.
Persons compensated.— Private em ploym ent: All persons regularly employed
under any contract o f hire, including aliens, but not including persons whose
employment is but casual, or not in the usual course o f the employer’s business.
Public em ploym ent: Every person in the service o f the State or a municipality,
including regular members o f the police and fire departments o f cities arid
towns, excepting elective officials and officials receiving more than $2,400 per
year salary.
Burden o f payment.— All on employer, but employees may contribute to bene
fit schemes for benefits additional to those provided by the act.
Compensation for death:
(a ) Funeral expenses, not exceeding $150.
(b) To persons wholly dependent, 55 per cent o f the average weekly earn
ings o f the deceased employees, not to exceed $15, for not over six
years, $2,000 minimum, $4,500 maximum.
(c ) To persons partly dependent, the same amount, subject to the same
lim its as to maximum, for all or such part o f the period o f six
years as the commission may in each case determine.
Payments to beneficiaries cease on their death or rem arriage; to
female children on their attaining the age o f 18, and to males on
reaching the age o f 16, unless mentally or physically incapacitated
from earning.
Compensation for disability:
(a ) Such medical, nurse, and hospital services and medicines as the em
ployer or insurer may deem proper, not over $200 in value.
(b ) For total disability, 55 per cent o f the weekly wages for five years,
and 40 per cent thereafter until death, $15 maximum, $5 minimum.
I f the disability is temporary, $12 maximum, $7 minimum, for
not more than six years, not to exceed $4,500.
( c ) For partial disability, 55 per cent o f the weekly wage loss, not over
$12 per week, for not more than six years. For specified injuries
causing permanent partial disability, 55 per cent, not over $12
weekly, is to be paid for fixed periods, in lieu o f other compensa
tion.
Any periodical payment may be commuted to a lump sum.
R evision o f benefits.— Revision may be made from time to time as in the
opinion o f the commission may be justified.
Insurance.— Employers must insure in the State fund, in a stock or mutual
insurance company, or give proof o f ability to meet their own compensation
paym ents; but approved benefit schemes may be maintained.
Security o f payments.— Policies in private insurance companies are binding
w ithout regard to the solvency o f the employer, and are enforceable by the
employee directly. Self-insurers may be required to deposit security or give
a bond.
Settlem ent o f disputes.— Disputes are settled by the State industrial commis^
sion, with limited appeal to the courts.
ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.
51
VERMONT.
D ate of enactment.— April 1, 1915; in effect July 1, 1915; amended, Nos. 171,
173, 174, 175, acts o f 1917.
Inju ries compensated.— Personal injury causing disability for more than
seven days (14 days until July 1, 1918), or death within two years, arising out
o f and in course o f employment, not due to the employee’s w illful intention to
injure himself or another, his intoxication, or failure to use a safety appliance.
Industries covered.— All industrial establishments in which more than 10
persons are employed, and commerce as fa r as permissible under Federal laws,
domestic and casual labor excepted, unless election to the contrary is made.
Public service under municipalities which elect compensation system.
Persons compensated.— Private em ploym ent: All under contract with or in
service o f an employer, domestic and casual employees and those receiving more
than $2,000 excepted. Public em ployees: All except those elected by popular
vote or receiving in excess o f $2,000 annually.
Burden o f payment.— All on employer.
Compensation fo r death:
( a) $100 for funeral expenses if death occurs within two years.
(&) 33£ per cent o f weekly wages to dependent w idow or widower, 40
per cent if there be one or two children, and 45 per cent if more
than t w o ; if no parent, 25 per cent to one or two children, 10 per
cent additional for each child in excess o f two, total not to exceed
40 per cent; if no consort or child under 18, and dependent parent,
grandparent, or grandchild, 15 to 25 per cent o f wages.
(c ) Payments to w idow cease on death or rem arriage; to widower on re
marriage or cessation o f dependency; to children on reaching age
o f 18 unless incapable o f self-support, in no case to exceed 260 weeks
or $3,500 in am ount; payments to other classes of beneficiaries end
in 208 weeks at most. Basic wages are not less than $5 weekly.
Compensation fo r disability:
{a ) Medical and hospital services for first 14 days, not to exceed $100.
( b) For total disability 50 per cent o f weekly wages for not more than 260
weeks, $3 minimum, $12.50 maximum, total not to exceed $4,000.
I f wages are less than $3, full wages w ill be paid.
( c ) For partial disability, 50 per cent of wage decrease, maximum $10,
for not more than 260 weeks.
(d ) For certain specified injuries, 50 per cent o f weekly wages, but not
more than $10, for designated periods ranging from four to 170
weeks, follow ing the period o f total disability.
Payments may be commuted to one or more lump sums in any case.
Revision o f benefits.— Awards may be reviewed on application at any time,
but not oftener than once in six months.
Insurance.— Required unless deposit o f security is made, or satisfactory
proof o f financial responsibility.
Security o f payments.— Employees may have direct recourse to insuring com
pany ; insolvency o f employer does not release in su rer; compensation rights are
preferred claims.
Settlem ent o f disputes.— Disputes are determined by a commissioner o f indus
tries, with appeal to courts.
w o r k m e n ’ s c o m p e n s a t io n
52
l e g i s l a t i o n -.
V IR G IN IA .
D ate o f enactment.— March 21, 1918; in effect January 1, 1919.
.Injuries compensated. — Injuries caused by accident arising out of and in
course of employment, not due to the injured person’s willful misconduct, intoxi
cation, or intention to injure himself or another, and causing disability for
more than 14 days or death.
Industries covered. — All employing regularly more than 10 persons, in absence
of contrary election, domestic and farm labor and interstate commerce and intrastate common carriers using steam excepted.
Persons compensated.— Private employment: All employees of employers un
der the act who do not themselves make a contrary election, except casual em
ployees. Public employment: All employees.
Burden of payment.— All on employer.
Compensation fo r death:
(a ) Burial expenses not exceeding $100.
(b ) To persons wholly dependent a weekly payment equal to one-half
the average weekly wages of the deceased; $10 maximum, $5
minimum.
(c) If only partial dependents survive, such proportion of the above as
the amount contributed bears to the annual earnings of the de
ceased employee.
( d ) Payments may not extend beyond a period of 300 weeks, nor to
children after they attain the age of 18 years, unless physically
or mentally incapacitated. Payments to a widow or widower are,
on remarriage, to be divided among other dependents, if any.
The total compensation may not exceed $4,000.
Compensation fo r disability:
(a ) Necessary medical attention for the first 30 days; additional serv
ices, including surgical and hospital services and supplies, may be
furnished at the employer’s option, and must be accepted unless the
industrial commission orders otherwise.
( b ) For total disability, one-half the weekly wages, not more than $10
nor less than $5 per week, for not more than 500 weeks, the total
not to exceed $4,000.
(c) For partial disability, one-half the wage loss, not more than $10
per week, for not more than 300 weeks; for specified injuries (loss
of member or members) 50 per cent of the wages for fixed periods.
Lump sums may be substituted for periodic payments in any case
after 26 weeks on agreement of the parties and the approval of
the industrial commission.
Revision of benefits.— The industrial commission may review an award on
its own motion before a judicial determination, or at any time on the applica
tion of a party in interest on the ground of a change in condition. The em
ployee must submit himself to a medical examination at reasonable times and
places, so long as he claims compensation.
Insurance.— Every employer coming under the act must insure in a stock or
mutual company, or in a State fund, or furnish satisfactory proof of financial
ability to make direct payment.
Security of payments.— Claims are not assignable, and are exempt from
claims of creditors; payments have the same preference as wage debts. Notice
to the employer is notice to the insurer, and policies must inure directly to the
benefit of the person entitled to compensation.
Settlem ent o f disputes.— Disputes are settled by the industrial commission,
subject to limited appeal to courts.
•
ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.
53
WASHINGTON.
D ate o f enactment. — March 14, 1911; in effect October 1, 1911; amended,
chapters 138, acts of 1913; 188, acts of 1915; 28, 120, acts of 1917.
Injuries compensated.— Injuries causing disability for more than eight days,
or death, except injuries brought about intentionally.
Industries covered. — All extrahazardous employment, including work in mills,
factories, and workshops where machinery is used, blast furnaces, mines, quar
ries, and wharves; engineering w orks; logging, lumbering, and shipbuilding;
building trades; public utilities; State, county, and municipal undertakings in
volving extrahazardous work.
Persons compensated.— Private employment: All employees in industries cov
ered by the a c t; any working employer or salaried employee on the pay roll at
a rate not greater than the average named in such pay roll. Public employ
ment : All employees in industries covered by the act.
Burden o f payment.— The entire burden rests upon the employer, except as
to the medical aid fund, to which the employee contributes one-half; or an
approved relief fund may be maintained by joint action.
Compensation for death:
{a ) Expenses of burial not to exceed $75.
(b ) To widow or invalid widower, a monthly payment of $20; to each child
under 16, $5 per month, the total not to exceed $35 per month.
(c ) I f no parent survives, a monthly payment of $10 to each child under
16 years of age, the total not to exceed $35 per month.
(d ) To other dependents, if none of the above survive, a monthly payment
to each, during dependency, equal to 50 per cent of the average
amount previously contributed to the dependent, the total not to
exceed $20 per month.
( e ) To the parent or parents of an unmarried minor a monthly payment
of $20 until the time he would have been 21. In case of dependence,
payments to parents of minors are governed by ( d) .
Payments to a widow or widower continue until death or remarriage,
and to a child until reaching the age of 16 years. If a widow re
marries, she receives a lump sum of $240.
Compensation for disability:
(a ) Proper medical, etc., services and care during the period of disability,
if temporary; if permanent, until awards are made.
(&) For permanent total disability: (1) I f unmarried, $20 per month;
(2) if wife or invalid husband, but no child, $25 a month; if
husband is not an invalid, $15; (3) if married, or a widow or
widower with child or children under 16 years, $5 a month addi
tional for each child, the total not to exceed $35; if constant at
tendance is required, $20 per month additional.
(c) For temporary total disability, payments as for permanent total dis
ability during disability, increased by 50 per cent for first six
months, but in no case to exceed 60 per cent of monthly wages.
(d ) For temporary partial disability, the payment as for total disability
continues in proportion to the loss of earning power, provided this
shall exceed 5 per cent.
(e) For specified permanent partial disabilities, lump sums ranging from
$500 to $2,000, in lieu of other payments, other disabilities to be
compensated proportionately; parents of an injured minor receive
in addition 10 per cent of the award to such minor.
No benefits are to be paid for the first 8 days unless the disability
continues for more than 30 days.
Monthly payments may be converted into a lump-sum payment, not
over $4,000, in case of death or permanent total disability.
Revision o f benefits.— Revision may be had upon application of the bene
ficiary or upon the motion of the department.
Insurance.— Insurance is required in a State accident fund.
Security o f payments.— Accident fund under State control.
'Settlement o f disputes.— By industrial insurance department, whose decisions
are subject to review by the superior court, from which appeal lies as in other
civil cases.
54
W O BK M EN ’ s COMPENSATION LEGISLATION".
WEST VIRGINIA.
D ate o f enactm ent .— February 22, 1913; in effect October 1, 1913; amended,
February 20 and May 21, 1915.
Injuries compensated .— All personal injuries not the result of willful miscon
duct or intoxication of the injured employee, or self-inflicted, causing incapacity
for more than one week, or death.
Industries covered .— All except domestic or agricultural labor, if the employer
becomes a member of the State insurance fund.
Persons compensated .— Private employment: All employees in industries cov
ered, including aliens, except persons casually employed, and the officers of
corporations. Public employment: No provision.
Burden o f paym ent .— Employer, 90 per cent; employees, 10 per cent.
Compensation fo r death:
(a ) Reasonable funeral expenses, not to exceed $75.
(&) To the widow or invalid widower, $20 per month a n d '$5 per month
additional for each child under the age of legal employment, the
total not to exceed $35 per month.
(c ) To orphan child or children, $10 each per month until the age of 15,
total not to exceed $30 per month.
(d ) To other persons wholly dependent, if no widow, invalid widower, or
child under the age of legal employment is left, 50 per cent of the
average monthly support received from the deceased during the pre
ceding year, not exceeding $20 per month, for six years.
(e ) I f the deceased was a single minor, to a dependent parent, 50 per cent
of the earnings, not to exceed $6 per week, until the time when he
would have become 21.
( / ) I f only partial dependents survive, a compensation computed as in
(<Z), with the same maximum.
Payments to a widow or widower cease on remarriage, and to children
on reaching the age of 15 years. I f widow or invalid widower re
marry within two years of death of employee, he or she is to be
paid 20 per cent of balanee of 10 years’ benefits.
Compensation fo r disability:
(a ) Medical, nurse, and hospital services, not exceeding $150 ($300 in
special cases).
(&) For temporary partial disability, during such disability, 50 per cent of
loss of his earning capacity, not more than $10 per week nor exceed
ing 26 weeks, except that for certain ununited fractures, etc., the
period may be 52 weeks.
(c ) For permanent partial disability, 50 per cent of wages for periods vary
ing with degree of disability (from 10 to 70 per cent), periods rang
ing from 30 to 210 w eeks; from 70 to 85 per cent disability, 40 per
cent of wages for life.
{d ) For permanent total disability (85 per cent or over), 50 per cent of
the average weekly wages, during life.
Lump-sum payments may be substituted for periodic payments in case
of either injury or death. Payments under (c ) and ( d ), $4 mini
mum, $8 maximum.
R evision o f benefits .— Awards may be modified at any time.
Insurance .— Insurance is effected through a State fund under the control of
the compensation commissioner, or employers of approved ability may carry
own risks, giving bond for performance of requirements not less than those of
the law, without contributions from their employees.
S ecurity o f paym ents .— Payments may be made only to beneficiaries, and are
exempt from claims of creditors or attachment or execution.
Settlem ent o f disputes .— Disputes are settled by the commissioner; limited
appeal to the supreme court.
ANAXYSIS
OF
PRINCIPAL FEATtJ&ES OP THE LAWS.
55
W IS C O N S IN .
Dafe o f enactment. — May 3, 1911; in effect same date; amended, chapters
599, 707, 772, acts of 1913; 121, 241, 316, 369, 378, 462, acts of 1915; 624, 637,
acts of 1917.
Injuries com pem ated. — Personal injury by accident causing disability of at
least one week, or death, while performing service growing out of and inci
dental to the employment, not intentionally self-inflicted.
Industries covered. — All, if the employer elects; election presumed where
there are three or more employees, except as to agriculture and railroads.
Compulsory as to the State and its municipalities.
Persons compensated.— Private employment: All employees except those not
employed in the usual trade, business, or occupation of the employer, including
aliens, in the absence of contrary election. Public employment: All employees
of the State or its political subdivisions, officials excepted.
Burden of payment.— Entire cost rests upon the employer.
Compensation for death:
(a ) The reasonable expense of burial, not exceeding $100.
(b ) To persons wholly dependent, a sum equal to four years’ earnings, but
which when added to any prior compensation for permanent total
disability shall not exceed six years’ earnings.
( c ) If only partial dependents survive, a sum not to exceed four times the
amount provided for their support during the preceding year.
All payments are to be made in weekly installments equal to 65 per
cent of the average weekly earnings.
Dependence of children ceases at 18, unless physically or mentally
incapacitated.
Co?npensation fo r disability:
( a ) Medical, surgical, and hospital treatment for 90 days, and for such
additional time as will in the judgment of the industrial commission
lessen the period of compensation; artificial members are also to be
supplied.
<&) For total disability, 65 per cent of the average weekly earnings during
such disability.
(e) For partial disability, 65 per cent of loss of earning power.
(cZ) For certain specified injuries (mutilations, etc.), a sum equal to 65
per cent of average weekly wages for fixed periods, ranging from
6 to 320 weeks, in lieu of other payments.
(e ) For serious permanent disfigurement, a lump sum may be allowed,
not exceeding $750.
Payments begin with the eighth day, but if disability continues for
more than 28 days, payment is to be made for the first 7 days.
In case of temporary or partial disability the aggregate compensation
for a single injury shall not exceed four years’ earnings; for perma
nent disability payments are limited to periods of from 9 to
15 years, according to the age of the injured person.
Lump-sum payments may be substituted at any time after six months
from the date of injury.
Revision o f benefits.— The commission may modify or change its order or
award within 10 days if a mistake is discovered; or a review by the court
may be had on appeal within 20 days. The commission may call for a medical
examination at any time it deems necessary.
Insurance. — Insurance in approved companies is -required unless the em
ployer gives proof of financial ability; but the liability of the employer may not
be reduced by such insurance.
Security o f payments. — Claims for compensation are given the same prefer
ence as claims for labor, and are nonassignable and exempt from attachment
or execution. The industrial commission may require security for payments
of awards running six months or more.
Settlem ent o f disputes.— Disputes are settled by the industrial commission,
subject to a limited review by the courts.
56
w o r k m e n ' s c o m p e n s a t io n
l e g is l a t io n .
WYOMING.
D ate of enactm ent .— February 27, 1915; in effect April 1, 1915; amended,
chapter 69, acts of 1917.
Injuries compensated .— Personal injury causing disability for more than 10
days, or death, as a result of employment and not due to the culpable negligence
of the injured employee or to the willful act of a third person due to reasons
personal to such employee or because of his employment.
Industries covered .— Extraliazardous (enumerated list), in which three or
more workmen are employed, interstate railroads excepted; public employments
and use of explosives and work 10 or more feet above ground included, without
reference to number of employees.
Persons compensated .— Private employment: All employees in industries cov
ered. Public employment: All employees in classes of employment designated.
Burden o f paym ent .— All on employer.
Compensation fo r death:
(a) $50 for funeral expenses, unless other arrangements exist under agree
ment.
(b ) Lump-sum payments of $1,200 to widow or invalid widower, and ad
ditional sum, equal to $60 per year, until the age of 16 is reached
for each child under the age of 16, the total for children not to ex
ceed one and one-half times the payment to the surviving spouse. If
there are dependent parents and no spouse and no child under 16, a
sum equal to 50 per cent of one year’s contribution, not exceeding
$500.
Payments to nonresident alien beneficiaries are limited to 33^ per
cent of the amounts above provided, and only the widow and chil
dren under 16 years of age are considered.
Compensation fo r disability:
(a ) For permanent total disability, lump sum of $1,400 if single, $1,600 if
wife or invalid husband, and a sum equal to $60 per year for each
child under 16, until age of 16 is reached, the total for children not
to exceed one and one-half times the sum allowed the injured work
man.
(&) For temporary total disability, $18 per month if single, $24 if
married, and $5 monthly for each child under 16, the total monthly
payment not to exceed $40, and the aggregate not to exceed the
amount payable if the disability were permanent.
( c ) For permanent partial disability, fixed lump sums for specified in
juries in lieu of other paym ents; others in proportion.
No payments are made for the first 10 days unless disability con
tinues for more than 30 days, when they date from the injury.
No provision is made for medical or surgical a id ; all payments are
lump sums, except for temporary total disability.
Revision o f benefits .— No provision.
Insurance .— Insurance in State fund required.
Security o f paym ents .— Insurance under State control; payments not assign
able or subject to execution, attachment, etc.
Settlem ent o f disputes .— Disputes are settled by the district courts of the
counties, with appeal to the supreme court of the State.
ANALYSIS OF PRINCIPAL FEATUBES OF THE LAWS.
57
UNITED STATES— CIVIL EMPLOYEES.
D ate o f enactment. — September 7, 1916; in effect same date.
Injuries compensated. — Personal injuries sustained while in the performance
of duty, not due to intoxication, willful misconduct, or intention to bring about
injury, causing death, or disability for more than three days.
Industries covered. — All civilian employments of the United States Govern
ment and the Panama Railroad Co.
Persons compensated. — All civil employees of the United States and of. the
Panama Railroad Co.
Burden o f payment.— All on the employer.
Compensation fo r death:
( a ) $100 burial expenses, and transportation of body of resident of the
United States dying away from home, if relatives desire it.
(b ) To widow or dependent widower alone, 35 per cent of the monthly
wages of the deceased, with 10 per cent additional for each child,
the total not to exceed 66 § per cent.
(c ) I f no parent survives, 25 per cent to one child, and 10 per cent addi
tional for each additional child, the total not to exceed 66§ per cent.
(d ) To dependent parents of deceased, 25 per cent if one, 40 per cent
if both are dependent; if there is a widow, widower, or child, the
parents’ rights are subordinate, and the total awards may not
exceed 66§ per cent.
( e ) Other dependent relatives receive benefits in smaller amounts subject
to the claims of the foregoing relatives.
Payments to a widow or dependent widower terminate on their death
or remarriage; to a child on marriage, reaching the age of 18, or if
over 18 and incapable of self-support, on becoming capable of selfsupport; payments to other beneficiaries are subject to the above
limitations, but may in no case continue beyond eight years.
All payments are subject to a maximum of $66.67 per month, and to a
minimum of $33.33, unless the actual earnings are less than that
amount, when the compensation shall equal the earnings.
Compensation fo r disability:
(a ) Reasonable medical, surgical, and hospital services and supplies.
( b ) For total disability, 66| per cent of the monthly pay during the con
tinuance of such disability.
(c) For partial disability, 66| per cent of the difference in wage-earning
capacity due to such disability.
Payments are subject to the same maximum and minimum amounts
as in case of death.
Payments on account of death or permanent disability may be com
muted to lump sum.
Revision of benefits.— Awards may be reviewed at any time, either on request
or by the commission on its own motion.
Insurance. — No provision.
Security of payments.— Compensation is paid from special compensation fund.
Settlem ent of disputes.— The United States Employees’ Compensation Com
mission decides all questions arising under the act.
W O RK M E N ’ S COMPENSATION LEGISLATION.
58
UNITED STATES—WAR RISK.
Date o f enactm ent. — September 2, 1914; in effect same date; amended, June
12, 1917; October 6, 1917.
Injuries com pensated: (1) In the case of masters, officers, and crews of mer
chant vessels, death or personal injury (including disease) by the risks of war,
and detention following capture by the enemy.
(2) In the case of officers and enlisted men in the Army and Navy, and
members of the Army Nurse Corps (female) and Navy Nurse Gorps (fem ale),
death or disability from personal injury or disease contracted in the line of
duty, but not for injury or disease due to the willful misconduct of the victim.
Industries covered. — (1) Employment on American merchant vessels.
(2) N
Military anti naval service, including nursing by the Army Nurse Gorps (fe
male) and Navy Nurse Corps (fem ale).
Persons compensated.— (1) Masters, officers, and crews of merchant vessels.
(2) Officers, enlisted men, and members of services named.
Burden o f payment.— (1) On owners of vessels. (2) On Government.
Compensation for death:
(1) In merchant marine, one year’s earnings, $1,500 minimum, $5,000
maximum.
(2) In Army and N avy:
(a ) Burial expenses, not exceeding $100.
(b ) For widow alone, $25 per month; $10 additional for one child,
$12.50 for two, and $5 each for third and fourth.
( c ) For child alone, $20; for 2 children, $30; for 3, $40; and $5
each for fourth and fifth.
(d ) For a widowed mother, $20, or such part thereof as will not ex
ceed an aggregate of $75 taken with ( b ) or ( c ).
Payments to a widow or widowed mother continue until death
or remarriage, and to a child until the age of 18, or, if in
capable of self-support, during such incapacity.
Compensation for disability:
(1) In merchant marine, for permanent total disability, same as for death;
various percentages of the same in cases of permanent partial dis
ability.' Other losses and disabilities may also be provided for by
the Bureau of W ar-Risk Insurance.
In Army and N a v y :
{a ) Reasonable medical and surgical aid, hospital services, and ar
tificial limbs and other appliances as may be needed.
(b ) For total disability, if single, $30 monthly; if wife alone, $45;
$10 additional for each child, the maximum not to exceed $75.
I f no wife, but one child, $40, with $10 additional for the
second child and $10 for the third. I f a dependent widowed
mother, $10 in addition to the above amounts. I f constant
attendance is required, an additional sum, not over $20 per
month, may be allow ed; or if permanently helpless and bed
ridden, $100 is to be paid in lieu of all other compensation.
(c) For partial disability, if not less than 10 per cent, a propor
tionate percentage of the amounts payable for total disability.
A schedule of ratings is to be formulated by the bureau.
Rehabilitation, reeducation, and vocational training are to be
provided; refusal to accept causes suspension of benefits.
In the merchant marine, earnings continue during detention fol
lowing capture by the enemy, to be determined substantially
as provided for in case of death.
Revision o f benefits.— In Army and Navy, awards receivable at any time.
Insurance. — In the merchant marine, owners are to insure, and in default
the Secretary of the Treasury is to act at their expense.
Security o f payments.— (1) In the merchant marine, insurance is to be with
the Bureau of W ar-Risk Insurance, or on terms satisfactory to the Secretary
of the Treasury. (2) In Army and Navy, payments from special fund.
Settlem ent o f disputes.— Act is administered by the Bureau of W ar-Risk In
surance, under the Secretary of the Treasury.
CONSTITUTIONALITY AND CONSTRUCTION OF
STATUTES.1
DUE PROCESS OF LAW.
The New York statute, passed upon by the Supreme Court, is a
compulsory law, embodying the fundamental principles of legislation
of its type. In the case considered (New York Central R. Co. v.
White, 243 U. S. 188; 37 Sup. Ct. 247), the contention was made that
by depriving the employer of his common-law defenses, and eliminat
ing the rule as to negligence, there was a violation of the constitu
tional requirement as to due process of law. This contention was re
jected by the court, which held that a negligence is merely the dis
regard of some duty imposed by law, and the nature and extent of
the duty may be modified by legislation, with corresponding change
in the test of negligence.” The decision in the Washington case
(Mountain Timber Co. v. Washington, 243 U. S. 219; 37 Sup. Ct.
260) involved another factor, i. e., the imposition of a universal tax
on employers for the maintenance of an insurance fund, and the
question was raised whether this tax was so excessive as to constitute
deprivation of liberty or property without due process of law. The
court held that unless there was undue compensation paid there could
not be an excessive burden on the industry—this on the assumption
that a reasonable compensation for industrial accidents was a proper
burden on the industry. Since the industry as a whole is subject to
hazards, it was held not unreasonable that the industry as a whole,
and not merely such establishments as might furnish the occasion
for individual accidents, should bear the burden; and, further, that it
lies within the power of the State to declare that every employer en
gaging in business should make stated and fairly apportioned con
tributions for the maintenance of a public fund for compensating
injuries irrespective of the plant in which the injury might be re
ceived. This power was said to go so far as to make it proper for
l This material is supplemental to the discussion under this head appearing in Bulletin
No. 203, pp. 165-296, and presents the principal court decisions and a number of. signifi
cant rulings o f State boards or commissions, which have come to hand since t h e d a t e of
the earlier publication. Chief among these are Supreme Court decisions upholding the
laws of Iowa, New York, and Washington, and excluding interstate commerce from State
coverage. The points considered will he presented for the most part under the same heads
as the discussion in Bulletin No. 203.
59
60
w o r k m e n ' s c o m p e n s a t io n
l e g is l a t io n .
the State, in the interest of the safety and welfare of its people, to
prohibit any industry found to involve so great a human wastage as
to leave no fair profit beyond it.
The chief ground on which the subordinate court held the
Hawaiian statute unconstitutional was its alleged lack of due process
of law, the point arising out of the question of the giving of notice
of hearings by the committees of arbitration to be appointed for the
settlement of disputes. These committees are to be nominated by the
parties to the disputes themselves, the privilege of review being given.
The presumption that notice may be given is nowhere controverted.
The court held, however, that the act must specifically require the
giving of notice, failing which, it must be declared unconstitutional.
(Carroll v. Marconi Wireless Telegraph Co., 1917.) When the Su
preme Court of the Territory had the question before it, it ruled
that the finding that there must be a positive provision for notice was
erroneous, and the act was upheld in its entiret}^. (Anderson v •
Hawaii Dredging Co. (Ltd.), 24 Hawaii Sup. Ct. Rep. 97.)
JURY TRIAL.
The mode of determining disputes by a board of arbitrators, or by
reference to the State commission, thus doing away with trial by
jury, was offered as an objection to the constitutionality of the law
of Maryland (Solvuca v. Ryan & Reilly Co., 101 Atl. 710). The court
held that the constitution of the State was not violated in allowing
awards without jury trial, since the award may be reviewed “ by a
proceeding in the nature of an appeal,” initiated in the court having
jurisdiction in the locality, and since, upon the hearing of such an
appeal, any question of fact involved may be submitted to a jury.
The Supreme Court, in passing upon this contention in the case
of New York Central R. Co. v. White, stated that “ The denial of a
trial by jury is not inconsistent with 4due process;” no question
was made but that the procedural provisions of the act are amply
adequate to afford the notice and opportunity to be heard required
by the fourteenth amendment. The Washington law entirely with
draws from private controversy the question of relief for accidental
injuries in industrial employments, substituting therefor a remedy
by compensation to the exclusion of every other remedy, except as
otherwise provided in the act itself. As to this provision the seventh
amendment to the Constitution of the United States, preserving the
right of trial by jury, was invoked by the plaintiffs. On this point
the court said, “ It is conceded that this has no reference to proceed
ings in the State courts (citing Minneapolis- & St. Louis R. Co. v .
Bombolis, 241 U. S. 211, 36 Sup. Ct. 595) ; but it is urged that the
CONSTITUTIONALITY AND CONSTRUCTION OP STATUTES.
61
question is material for the reason that if the act be constitutional it
may be followed in the Federal courts in cases that are within its
provisions. So far as private rights of action are preserved, this is
no doubt true; but with respect to those we find nothing in the act
that excludes a trial by jury. As between employee and employer,
the act abolishes all right of recovery in ordinary cases, and there
fore leaves nothing to be tried by jury.55 The Iowa statute is elective,
instead of compulsory, and the Supreme Court, in addition to saying
that jury trial is not one of the rights secured by the fourteenth
amendment, held election to be a waiver of the right, though the
State was at liberty either to abolish or limit such right if it saw fit
so to do. (Hawkins v. Bleakly, 243 U. S. 210, 37 Sup. Ct. 255.)
An objection found by the circuit court that declared the law of
Hawaii unconstitutional was that the law deprived one of the right of
trial by jury, which was said to be guaranteed to the citizens of
Hawaii by a specific provision enacted by the Federal Government,
which “ can not be ignored or set aside by the Territorial legislature.5’
It was held not to be sufficient that there might be an appeal to the
circuit court, with a trial by jury, following the award, since the mat-^
ters that might be carried up on such an appeal were limited, and the
jury would have no authority to determine the amount of damages
or the compensation to be awarded. The decisions of the Supreme
Court of the United States were noted, but it was held that local
constitutional differences made it impossible for these decisions to
be followed. The Supreme Court of the Territory ruled, however,
that the provision guaranteeing jury trials related only to actions at
common law and that there was no necessity for a jury in compen
sation proceedings, where the benefits are fixed by the statute, and
upheld the law.
LIABILITY WITHOUT FAULT.
The establishment of the principle of liability without fault was
strongly criticized by the appellant railroad company in the New
York case before the Supreme Court (New York Central R. Co. v.
White), due, presumably, to the fact that the earlier New York stat
ute had been declared unconstitutional by the court of appeals of the
State largely, and perhaps chiefly, on the ground that it charged the
employer with liability without fault. (Ives v. South Buffalo R. Co.,
201 N. Y. 271, 94 N. E. 431.) It was held that the establishment of a
compulsory system relating to hazardous employments was not an
unreasonable or arbitrary application of legal principles, since the
undertaking is one in which the workman is engaged by mutual con
sent of employer and employee in an operation intended to be advan
tageous to both. Considering the probability of physical injury or
62
w o r k m e n 's
COMPENSATION LEGISLATION”.
loss of life through industrial accident, entailing the loss of selfsupport, and in fatal cases depriving widow and orphans of their
natural protection, it was held to be but reasonable on grounds of
natural justice that there should be a contribution in reasonable
amount, according to a reasonable and definite scale, by way of com
pensation for the loss of earning power—“ that which stands to the
employee as capital in trade”—incurred in the common enterprise,
and that without regard to the question of negligence or fault. As
an offset to this responsibility, it is pointed out that the employer is
relieved from a liability for damages rated by common-law stand
ards, and payable only in cases where fault is proved. “ Nor can it
be deemed arbitrary and unreasonable, from the standpoint of the
employee’s interest, to supplant a system under which he assumed
the entire risk of injury in ordinary cases, and in others had a right
to recover an amount more or less speculative upon proving facts of
negligence that often were difficult to prove, and substitute a system
under which, in all ordinary cases of accidental injury, he is sure of
a definite and easily ascertained compensation, not being obliged to
assume the entire loss in any case, but in all cases assuming any loss
beyond a prescribed scale.”
While the loss is primarily laid upon the employer, it “ is a loss
arising out of the business, and, however it may be charged up, is an
expense of the operation, as truly as the cost of repairing broken ma
chinery or any other expense that ordinarily is paid by the em
ployer.”
It was added “ that liability without fault was not a novelty in
the law. The common-law liability of the carrier, of the innkeeper,
of him who employed fire or other dangerous agency or harbored a
mischievous animal, was not dependent altogether upon questions
of fault or negligence. Statutes imposing liability without fault
have been sustained.” (Cases cited.)
While the question was apparently not raised in this specific form
in the consideration of the Washington statute, the point was clearly
covered in the ruling that the levying of a tax on all employers in an
industry, regardless of the occurrence or nonoccurrence of accidents
in their particular establishments during any given period, was
neither arbitrary nor unreasonable.
ABROGATION OF EMPLOYERS’ DEFENSES.
Despite the uniform rejection by the courts of the contention that
an abrogation of the common-law defenses is unconstitutional, the
point was raised in the cases before the Supreme Court already cited.
In discussing the New York case the defenses of fellow service,
assumption of risks, and contributory negligence were taken up sepa
CONSTITUTIONALITY AND CONSTBUCTlbN OF STATUTES.
63
rately, and briefly discussed, the -conclusion being that “ It is not
necessary to extend the discussion. This court has repeatedly upheld
the authority of the States to establish by legislation departures from
the fellow-servant rule and other comm on-law rules affecting the
employers’ liability for personal injuries to their employees.’1
(Cases cited.) This position is not to be interpreted as warranting
a sudden setting aside of all common-law rules respecting the em
ployer’s liability without providing a reasonably just substitute.
“ The statute under consideration sets aside one body of rules only to
establish another system in its place. * * * The act evidently is
intended as a just settlement of a difficult problem, affecting one of
the most important of social relations, and it is to be judged in its
entirety.”
The Washington law, of course, eliminates the entire subject of
defenses by eliminating the right of action for damages; while in the
Iowa law a qualified right remains, dependent upon the attitude of
employer and employee, respectively, as accepting or rejecting the act
When the employer rejects, under the Iowa statute, he is deprived of
these defenses whether the employee has accepted or rejected, whereas
if he accepts the law, and the employee alone rejects, all defenses are
retained by the employer in any suit brought. “ We can not say that
there is here an arbitrary classification within the inhibition of the
‘ equal protection ’ clause of the fourteenth amendment. All em
ployers are treated alike, and so are all employees; and if there be
some difference between employer and employee respecting the in
ducements that are held out for accepting the compensation features
of the uct, it goes no further than to say that, if neither party is
willing to accept them, the employer’s liability shall not be subject
to either of the several defenses referred to. As already shown, the
abolition of such defenses is within the power of the Statu, and the
legislation can not be condemned when that power has been qualifiedly exercised, without unreasonable discrimination.”
CLASSIFICATION.
The New York statute applies to an extensive list of employments
classed as hazardous, and some objection was raised, though not
pressed, that in excluding farm laborers' and domestic servants from
the scheme, there was a violation of the “ equal protection” clause of
the fourteenth amendment. 64But, manifestly, this can not be judi
cially declared to be an arbitrary classification, since it may reason
ably be considered that the risks inherent in these occupations are
exceptionally patent, simple, and f amiliar*,?
64
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The Washington statute resembles that of New York in the matter
of its declared scope, using, however, the term 64extrahazardous,”
but permits joint election of employers and employees in under
takings not so classed. Classifications of the included industries are
also provided for on the basis of the hazard of the occupation, for
the purpose of distributing the burden of compensation in proportion
to relative hazard. The Supreme Court cited its opinion in the New
York case as presenting grounds sufficient to support the view
that such laws are not to be regarded as arbitrary and unreasonable
from the standpoint of' natural justice, and that the State of
Washington was warranted 44in concluding that the matter of com
pensation for accidental injuries with resulting loss of life or earning
capacity of men employed in hazardous occupations is of suffi
cient public moment to justify making the entire matter of com
pensation a public concern, to be administered through State
agencies.” Industrial occupations that frequently and inevitably
produce personal injuries may be regulated by the State, and the
human losses charged against the industry either directly, as under
the New York law, or by publicly administering the compensation
through a reasonable system of occupational taxes as in the Wash
ington law; and the act can not be deemed oppressive to any class of
occupation so long as the scale of compensation is reasonable.
In the hearing on the constitutionality of the Hawaiian law it was
objected that the rulings of the Supreme Court of the United States
could not be taken as precedents, inasmuch as the law of the Terri
tory is neither limited to hazardous emplo}^ments, as in New York,
nor are benefits payable from a common fund, as in Washington.
The court held, however, that laws making classifications of indus
tries are sustainable, not on account of such classifications, but in
spite of tfrem; and that the constitutionality of the statute was not
dependent upon the system adopted for the payment of benefits.
Not unlike the foregoing were the principal objections raised to
the constitutionality of the law of Alaska (Johnston v. Kennecott
Copper Corporation (C. C. A., 1918), 248 Fed. 407), in which it
was claimed that an improper classification had been attempted in
the enactment of a law applicable only to mining and related opera
tions, and, further, only to-establishments employing five or more
persons. The act was held to apply in a uniform manner to all
persons similarly situated, and to be a proper exercise of the legisla
tive discretion. Another objection was that the act provides no
system of insurance and no provision for the payment of compensa
tion. The court pointed out that there w^ere certain regulations for
the security of payments, amounting to the substitution of one
system or set of rules for the one set aside by the act, and quoted from
the decision of the Supreme Court in its consideration of the New
CONSTITUTIONALITY AND CONSTRUCTION OP STATUTES.
65
York law; and following this and other decisions of the Supreme
Court sustaining compensation legislation, the Alaska statute was
upheld throughout.
E X E R C IS E O F JU D IC IA L P O W E R S .
The status of the administrative bodies provided for by the laws
tinder consideration was not considered, except in a general way, by
the Supreme Court in the cases noted above, though their authority
was, of course, assumed in so far as the validity of awards made
without jury trial was upheld. The court of last resort of Massachu
setts, however, defined the industrial accident board of that State
as being not a court of general or limited common-law jurisdiction,
but solely an administrative tribunal, created to administer the com
pensation law in aid and with the assistance of the superior courts.
The essential prerequisites of the act as prescribed by itself must be
observed, and the authority of the board can not be enlarged or
diminished by express consent or waived by acts of estoppel. (In re
Levangie, 117 N. E. 200.)
FR EED O M O F CONTRACT.
Considerable stress was laid by the appellants in the White case
upon the effect of the New York law in depriving the parties to the
labor contract of their constitutional rights of freedom in the
making of contracts to render service or to employ labor, citing
declarations made by the Supreme Court in recent cases (Coppage
v. Kansas, 236 U. S. 1, 35 Sup. Ct. 240; Truax v. Raich, 239 TJ. S.
233, 36 Sup. Ct. 7) in which certain laws were held unconstitutional
as interfering with the right of personal liberty involved in the
making of contracts for employment. As to this the court said “ it
is not our purpose to qualify or weaken either of these declarations in
the least, and we recognize that the legislation under review does
measurably limit the freedom of employer and employee to agree
respecting the terms of employment, and that it can not be sup
ported except on the ground that it is a reasonable exercise of the
police power of the State. In our opinion it is fairly supportable on
that ground. And for this reason—the subject-matter in respect of
which freedom of contract is restricted is the matter of compensa
tion for human life or limb lost or disability incurred in the course
of hazardous employment, and the public has a direct interest in
this as affecting the common welfare.” The authority of the State to
prohibit contracts made in derogation of a lawfully established
policy respecting compensation for accidental death or disabling per
sonal injury was said to be clear. It was pointed out that no safety
provisions, nor regulations directly tending to protect life and health,
45615°— Bull. 2 4 3 -1 8 -"----- 5
66
w o r k m e n ' s c o m p e n s a t io n
l e g is l a t io n .
appear in the New York statute. “ But the interest of the public
is not confined to these. One of the grounds of its concern with the
continued life and earning power of the individual is its interest in
the prevention of pauperism, with its concomitants of vice and
crime, and, in our opinion, laws regulating the responsibility of
employers for the injury or death of employees arising out of the
employment bear so close a relation to the protection of the lives
and safety of those concerned that they properly may be regarded
as coming within the category of police regulations.”
Objections were also raised to the Washington statute as coming
between the employer and the employee in the matter of the labor
contract. The court held, however, that the police power of the
State carries with it a wide range of judgment and discretion as to
the matters that are of sufficiently general importance to be brought
under State control and administration. The public welfare is suf
ficient warrant for the exercise of such powers as are made use of
in the compensation law to regulate the conditions of contract, no
less with reference to those who are disabled or who are dependents
of those fatally injured in the industrial occupations necessary to
the development of the resources of the State than for the support
by a system of pensions of disabled soldiers and the widows and
dependents of those killed in war. The fact that the compensation
system is not confined to those who are left without means of sup
port is not an objection to its validity, since to make such limitations
would be to discriminate against the thrifty in favor of the
improvident.
The New York statute requires a guarantee of the payment of
compensation in one of three ways: By State insurance, by insur
ance with an authorized insurance corporation or association, or by
a deposit of securities. Assuming that the power to require a de
posit of securities will be exercised by the commission with due dis
cretion, these provisions were held by the court to lie within the
power of the State in aid of the effectual working of the system of
compulsory compensation contemplated by the act.
P A R T IC U L A R P R O V IS IO N S O F T H E L A W S .
The questions discussed under the foregoing heads are much
broader in their implications than those remaining for consideration.
The undefinable but often used term “ police power” may be said
to cover practically all that has been noted under the various heads.
Assuming the validity of these different forms of its exercise, various
details of the laws may be considered in the light of some of the
later decisions and rulings that have come to hand.
C O N S T IT U T IO N A L IT Y A N D C O N STR U CTIO N OF ST A T U T E S .
67
IN JU R IE S COMPENSATED.
A ccidents .—While most of the State courts and boards continue to
emphasize the idea of accident as a definite occurrence in point of
time and of effect, it is noteworthy that the Legislatures of Cali
fornia and Hawaii specifically include occupational diseases, while
courts of Massachusetts and the United States Employees Compen
sation Commission construe the acts administered by them as appli
cable to injuries of this class.
Recent decisions on the subject of sunstroke or heatstroke are in
line with those noted in Bulletin No. 203, the rule being that where
these effects arise from labor conditions they are compensable, the
Pennsylvania board ruling that such physical changes are produced
in the tissues of the body as to be personal violence to its structure.
The Supreme Court o f ‘ Minnesota likewise (State ex rel. Rau v.
District Court of Ramsey County, 164 N‘. W. 916) awarded compen
sation in a case of death due to sunstroke as for “ a violent injury
produced by an external power,” where a workman was employed at
street labor, exposed to the direct rays of the sun, in an atmosphere
rendered excessively humid on account of the sand in the street
being wet. The Supreme Court of Nebraska also allowed compensa
tion where death followed a heatstroke, the employee in question
being engaged in cleaning and oiling motors in a building of sheet
iron with tarred roofing and insufficient ventilation, while the air
was heavy with dust and particles of matter produced in the manu
facture of mattresses, etc. “ A stronger man might have lived, but
it is enough that the industry brought about this man’s death.” The
matter of violence was disregarded, the unexpected quality of the
event being held sufficient to classify it as an accident within the
meaning of the act. (Young v. Western Furniture & Mfv. Co., 164
N. W. 712.) The same principle is applied by the Supreme Court of
Minnesota in a case in which a workman’s thumb was frozen while
he was cutting and handling timber in the snow. It was held on
authority that freezing is a personal injury within the meaning of
compensation acts, and is an accident in so far as it is an unex
pected and unforeseen event, producing at the time injury to the
physical structure of the body. Whether it also meets the require
ment of happening “ suddenly and violently ” was said to be a more
difficult question, but the court, one justice dissenting, concluded
6i that a fair construction of the statutory definition does not exclude
freezing, and we hold that it is a personal injury caused by accident
within the meaning of the act.” (State ex rel. Virginia & Rainy
Lake Co. v. District Court of St. Louis County, 164 N. W. 585).
Another case before the same court turned more directly upon the
question of whether or not the injury arose out of the employment,
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COMPENSATION LEGISLATION.
the circumstances being the employment of a janitor who was work
ing both at keeping up the fires in a building and cleaning off the
sidewalk, the weather being very cold. The two duties alternated,
and the employee could divide his time as he chose. The court
below found that the injury was sustained in the course of his
employment, and arose out of it, but decided that the freezing was
not an accident. Subsequently the supreme court made the ruling
as to accidental injury noted above, and on the appeal in this case
held to that ruling, reversing the court below in this respect, but
affirming that the injury arose out of the employment on account of
the nature of the work in which the employee was engaged, thus
clearing the way for an award in the injured man’s favor. (State ex
rel. Nelson v. District Court of Ramsey Co., 164 N. W. 91T.) Some
what analogous to the foregoing was the case of a workman em
ployed for several hours flushing hot pulp from the cellar or base
ment of a paper mill by the use of hot water, and who, becoming wet
with steam and perspiration, suffered from chill when going out to
dinner, nephritis and disability resulting; the disease in this case was
held by the Appellate Court of Indiana to be an injury by accident
within the meaning of the law of that State. (United Paperboard
Co. v. Lewis, 117 N. E. 276.)
The Supreme Court of Minnesota took a diverse view from that
adopted by the Wisconsin courts in Yennen v. New Dells Lumber Co.
(see Bui. 203, p. 206), in a case involving typhoid fever infection.
The cases are identical in that the employer’s responsibility was
claimed to be due to the quality of the drinking water supplied by
him for his employees; but while the Wisconsin court awarded bene
fits, that of Minnesota decided that under the definition of an acci
dent appearing in the law of that State, i. e., a an unexpected or unforseen event, happening suddenly and violently, with or without
human fault, and producing at the time injury to the physical struc
ture of the body,” the happening in question could not be construed
as an accident. The period required for the development of the in
fection afforded the chief ground for holding that the definition ex
cluded the case from compensation. (State ex rel. Faribault Woolen
Mills Co- v. District Court of Rice County, 164 N. W. 810.) Some
what similar to the foregoing was the position taken by a commis
sioner of the State of Connecticut, who denied compensation where
the cumulative effect of an acid dip used for four days led to pus
formation, the amputation of a finger at the second joint, and the
partial loss of use of another finger, the refusal being based on the
ground that the condition was “ not due to an injury which can be
located in point of time and place.”
On like grounds the Supreme Court of Michigan denied the claim
for compensation in a case where there was an infection from an
CONSTITUTIONALITY AND CONSTRUCTION OF STATUTES.
69
untraced source, which might have gained access to the system
through cracks in the skin of the hands due to the nature of the
employment, the court saying that there was no sufficient evidence
of an accident in the course of employment to sustain an award.
(Jermer v. Imperial Furniture Co., 166 N. W. 943.) But where a
tannery employee suffered an infection of the throat, due, as the
board held, to inhaling dust from dry hides in a work place where
the ventilation was poor, the same court upheld the award on the
ground of an accidental contact with a septic germ or germs, taken
up by the respiratory organs and thus carried into the system—said
to be an unusual occurrence, but one shown by the evidence to be
probable in the case at hand. (Dove v. Alpena Hide & Leather Co.,
164 N. W. 253.) An award was also approved by this court where
an undertaker’s assistant died from a streptococcus infection after
cleaning his employer’s instruments after the embalming of the
body of a person who had died of such an infection, the employee
having apparently cut himself slightly while cleaning the instru
ments. (Bloess v. Dolph, 161 N. W. 885.)
Suffocation by the accidental inhalation of illuminating gas at a
gas plant was also held to be a compensable injury under the Michi
gan law. (Holnagle v. Lansing Fuel & Gas Co., 166 N. W. 843.)
Occupational diseases.—The line of reasoning followed by the
courts which rejected claims based on disability due to disease of any
kind would lead also to the rejection of claims based on the so-called
industrial or occupational diseases. Attention has already been
called to the fact that there is apparent in legislation something of a
tendency in favor of the inclusion of occupational diseases as entitled
to consideration in a system undertaking to provide against the un
toward consequences of industrial activities. The United States em
ployees’ compensation act authorizes compensation “ for the dis
ability or death of an employee resulting from a personal injury
sustained while in the performance of his duty,” excluding cases of
willful misconduct, etc. The commission administering the law took
the view that the term “ personal injury ” as used in the act covers
“ not only accidents as ordinarily defined, but also any bodily injury
or disease due to the performance of duties and causing incapacity
for work,” citing as precedents the interpretation of the act of 1908
by the Solicitor of the Department of Labor (Bui. 203, pp. 198, 199),
and of the Massachusetts Industrial Accident Board and Supreme
Court. Compensation was allowed by this commission, in pursuance
of this construction, in 23 cases of lead poisoning, 16 cases of der
matitis from fulminate of mercury, dermatitis from machine oil,
rheumatism due to the dampness of the dirt floor on which the em
ployee was compelled to stand, apoplexy due to overexertion in a
position involving unusual strain, etc. A number of claims where
70
W O RK M E N 'S COMPENSATION LEGISLATION.
similar diseases were under consideration were rejected on account
of the failure to establish a causal connection.
Lead poisoning is so typically a disease of occupation that the
attitude of a court or commission on a case of this malady is
determinative of the construction of the local law oh the entire
subject; so that the ruling of the commissioner of industries of Ver
mont that lead poisoning is not compensable under the law of that
State (Bennett case, 1918) must be taken as a guide for the inter
pretation of the law in that field. It was said that, though the injury
arose out of and in the course of employment, it was not accidental,
and therefore not within the act. The Superior Court of Rhode
Island based its judgment somewhat differently, though with the
same practical result, when it denied a claim for compensation for
neuritis developed in the hand of a workman engaged in punching
holes in rubber balls, subjecting his hand to great strain, and fur
thermore receiving a wrench by the accidental twisting of a ball in
a specific instance, the claim being overruled simply on the ground
that it was for an occupational disease, and was for that reason not
within the act.
The law of California is not limited to injuries due to external,
violent, or accidental means, so that loss of sight due to poisoning
by wood alcohol used by a sign writer using an air brush was held
to be compensable (Fidelity & Casualty Co. v. Industrial Commis
sion, 171 Pac. 429) ; and the industrial commission of the State
awarded benefits in the case of a traffic policeman who developed
flat feet or broken arches as the result of constant standing on the
hard pavement, as being an injury due to the nature of the employ
ment.
As already intimated, the law of Massachusetts is construed to em
brace occupational diseases, but the supreme court of the State re
versed an award for neurosis caused by a bad posture of a cigarmaker
while at his work, saying that nothing appeared to show a necessary
connection between the work and the posture, so that the induced
neurosis could not be regarded as an injury arising out of the em
ployment. (In re Maggalet, 116 N. E. 972.)
The Pennsylvania law limits its benefits to injuries due to “ vio
lence to the physical structure of the body,” and claims rejected un
der such definition are noted in Bulletin 203, page 201. The State
board held, however, that “ the involuntary inhalation of gas is an
accidental injury,” in an instance where the claimant was made sick
from inhaling fumes caused by an explosion in the workroom, and
compensation was allowed. (Baith case, 1917.)
Disfigurement—'While an accident rrtay produce results falling
short of actual physical disability, a resultant disfigurement may de
CONSTITUTIONALITY AND CONSTRUCTION OF STATUTES.
71
crease the economic opportunity of the injured man, and the laws of
a number of States make provision for compensation in such cases.
Under the Illinois law an award for disfigurement is permissible in
cases in which no claim is made for permanent partial or total dis
ability. In a case in which the injured man made no claim for
disability, but did ask an award on account of disfigurement, it was
held by the supreme court that no account should be taken, in deter
mining the amount of the benefits to be awarded, of any other effects
of the injury than those producing disfigurement. (Stubbs v. In
dustrial Board, 117 N. E. 419.)
An amendment of 1916 to the law of New York authorizes the
industrial commission, in its discretion, to allow awards in cases
of serious facial or head disfigurement, and fixes a maximum. The
court of appeals of the State recently affirmed an. award in behalf
of a woman whose scalp and face were torn by the catching of her
hair on a revolving shaft, saying that the amendment in question
had so far modified the original basis of the law, which was to com
pensate for disability to work. There was no award for loss of earn
ing power, that not being ascertainable at the time, and the question
was held open. It was held that concurrent awards might be made,
one for loss of earning power and one for the facial or head dis
figurement, but that it should be clear that the latter did not include
any allowance for the former; and as this appeared to have been
safeguarded in the instant case, it was held that the award should
stand. (Erickson v. Preuss, 119 N. E. 555.)
Accidental injury as proximate cause.—The cases that arise under
this head are complicated by the fact that a prior existing condition
or a subsequent intervening event appears to modify the normal con
sequences of the condition involved in the industry and the accidents
that may result therefrom. Thus where a scaffold was properly
constructed to secure the safety of workmen in normal conditions of
health, the Supreme Court of Michigan held that one who fell in an
epileptic fit, receiving fatal injuries, was not within the act, since the
injury did not arise out of the employment, the illness being the prox
imate cause of death. (Van Gorder v. Packard Motor Car Co., 162
N. W. 107.) Some emphasis is given to the fact in the foregoing case
that the employer was not aware of the liability of the employee to
such fits, but in a case considered by the Supreme Court of California,
involving practically identical circumstances, an award was denied
without reference to the fact of ignorance or knowledge, simply on
the ground that the injury arose from the fact that the injured man
was an epileptic, and did not arise out of the employment. (Brooker
v. Industrial Accident Commission, 168 Pac. 126.) A distinction is
drawn between cases of this nature and cases where the injury
72
W O RK M EN’ S COMPENSATION LEGISLATION.
“ though apparently caused by the idiopathic condition of the em
ployee, is due in part also to the overexertion of the employee in per
forming his work, or to the nature of the work or the appliances
furnished to him with which to work, or to the lack of proper safe
guards against the ordinary dangers of the place of work, the in
jury being sometimes greater because of his idiopathic condition.”
In this connection may be noted a ruling of the Supreme Court
of New York (Santacroce v. Sag Harbor Brick Works, 169 N. Y.
Supp. 695), affirming an award in behalf of a workman who had
previously been in good health, but who suffered at the time from
“ an attack of vertigo or some similar disorder ” and fell from a
height of 15 feet; it w^as here held that the dizziness, fall, and injury
were all due to the place and nature of the employment.
Nothing, therefore, appears in the foregoing decisions to indicate
any purpose of departing from the position that “ the employer takes
his, employee subject to the physical conditions he is in at the time
he enters the employmentinstead, they only draw a line between in
juries that are merely aggravated in their consequences by reason of
preexisting conditions and those which could in no wise be reason
ably anticipated as a consequence of the employment in itself.
Subsequent happenings were involved in a case in which a man
fractured his knee in October and was making normal recovery, when
he slipped the following March, loosening the bone, and again fell in
July while waiting to receive his crutches after getting out of a
wagon and received injuries. The contention was raised that no
compensation should be allowed for the prolonged disability result
ing from these falls, but the Supreme Court of Michigan held that
there was nothing to show willful misconduct, that the injured man
was apparently doing nothing contrary to his doctor’s orders, and
that the infirmities from which he suffered were the consequences of
his original injury, so that payment should be continued, even though,
barring mishaps, recovery should have been complete at an earlier
date. (Cook v. Hoertz & Son, 164 N. W. 464.)
A somewhat unusual distinction was drawn by the Superior Court
of Rhode Island (Gross case, 1917), wrhich held that an injury
accelerating an existing disease was compensable only for the period
of the disability estimated to be due to the injury, and made an award
of six months’ benefits where there was actually a fatal termination,
when death might have been little if any delayed had there been
no accident. (See Pintar case, etc., Bui. No. 203, p. 203.) On the
other hand, the Supreme Court of Michigan sustained an award
in the full amount for the loss of an eye, where the injured eye wTasb
in fact, so defective before the accident as to be capable only of
distinguishing light and seeing approaching objects. It was said
that the law did not specify a normal eye as the basis of awards,
CONSTITUTIONALITY AND CONSTRUCTION OF STATUTES.
73
though conceding that a mere sightless organ might be considered
no eye at all. (Purchase v. Grand Rapids Refrigerator Co., 160
N. W. 391; see ruling of Connecticut commissioner, Bui. 203, p. 205.)
COVERAGE.
The question of coverage, or the exclusion or inclusion of desig
nated groups of employment or occupation, is one that is disposed of
quite differently in the different laws, as has been pointed out in the
analysis and summary statements of provisions. Experience under
the acts has tended to a broader inclusion by amendatory legislation
in a number of cases, while on the other hand the difficulty attendant
upon establishing different systems of relief in cases of the identical
employment of railroad employees engaged in interstate and intra
state commerce operates to eliminate entirely employees engaged in
the movement of trains from the scope of compensation acts. The
cases under this head turned so largely on the specific wording of
the provisions of the acts that they are of less general interest, but a
few of them will be noted.
Domestic and farm labor.—The Appellate Court of Indiana rules
that an employee engaged as a part of the crew of a thrashing ma
chine which went about from farm to farm thrashing oats and wheat
at a fixed price per bushel paid to the owner of the machine was
not a farm laborer within the exemptions of the Indiana statute.
The fact that the farmer himself rarely undertakes the work of
thrashing, and that thrashing and milling are industrially distin
guishable from farming operations, was held to sustain the view
that such work should not be excluded from the operations of the
law, even though the machine is moved about from farm to farm and
operates on them. (In re Boyer, 117 N. E. 507.)
Hazardous employments.—The law of Illinois classes as hazardous
the work of building, maintaining, repairing, etc., any structure.
The supreme court of the State held window cleaning to be a work
of maintenance within the meaning of the act, and sustained an
award in favor of a claimant for the death of a workman employed
by a window-cleaning company. (Chicago Cleaning Co. v. Indus
trial Board, 118 N. E. 989.)
It is of interest to note that the law of New York, the most im
portant one using hazard as a basis, has practically abolished this
lest by making the law apply to all unenumerated undertakings in
which four or more persons are employed, or to state the matter
differently, fellow service is declared to be a basis of hazard, and no
longer an employer’s defense.
Casual employment.—As noted in Bulletin 203 in the case of haz
ardous employments, so in the matter of casual employments, certain
absurdities in the laws as they have developed by experience have
74
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l e g is l a t io n .
led to amendments enlarging the scope and clarifying the purpose of
the acts. Of principal interest, perhaps, under this head, is the recti
fication of the conditions which arose under the New York statute as
set forth in the case of Bargey v. Ma-caroni Co. (See Bui. 203, p. 215.)
The impropriety of excluding from the benefits of the act a carpenter
engaged in making alterations and repairs in a factory building,
merely because his employer was not engaged in the business of
erection and repair of buildings, was too obvious to remain without
remedy. The law of the- State was therefore amended in 1916 so as
to include persons engaged in any of the hazardous occupations
named in the act who are in the service of an employer whose principal
business is that of carrying on or conducting a hazardous employment
within the act, eliminating the earlier provision that the employee
must be himself at the time u engaged in a hazardous employment in
the service of an employer carrying on or conducting the same,” thus
making it possible to compensate an employee in a hazardous occupa
tion differing from that ordinarily engaged in by employees of the
employer in his usual course of trade or business. A case practically
identical with the Bargey case in its circumstances arose under the
amended law, when a bricklayer employed by a lithographing and
printing company to repair the walls of its plant, was injured. The
fact that an amendment had been recommended by the industrial
commission of the State so as to “ cover employees called in to do
construction and repair work as in the Bargey case,” was referred
to by the court in its opinion, and it was held that the injured man
was entitled to benefits even though the work in which he was engaged
was entirely different from the regular business of the establishment.
The court below had denied compensation on the ground that the em
ployer did not carry on the employment of bricklaying for pecuniary
gain. This view was rejected by the court of appeals as tending to
nullify entirely the effect of the amendment, the court saying also
that the employer was carrying on a designated hazardous business
for pecuniary gain, and that the injury sustained by the workman was
in the service of the company, which was obligated to maintain a suit
able plant for the proper conduct of its business; and since the em
ployment in which the bricklayer claimant was engaged was “ inci
dental and requisite to the business carried on by the company,” under
the law as amended he was clearly entitled to compensation. (Dose
v . Moehle Lithographic Co., 221 N. Y., 401, 117 N. E. 616.) Even
before the amendment of 1916 the court had gone so far as to say,
in a case where a handy man was putting in a shelf in a manufactur
ing establishment, that if “ an employee is injured while performing
an act which is fairly incidental to the prosecution of a business, and
appropriate in carrying it forward and providing for its needs, he
or his dependents are not to be barred from recovery because such act
CONSTITUTIONALITY AND CONSTRUCTION OP STATUTES.
75
is not a step wholly embraced in the precise and characteristic process
or operation which has been made the basis of the group in which
employment is claimed.” (Larsen v. Paine Drug Co., 218 N. Y. 252,
112 N. E; 725.)
The Pennsylvania statute was construed less favorably as to this
point by the supreme court of that State than by the State board.
(See Bui. 203, pp. 213, 214.) In the case Marsh v. Groner (102 Atl.
127), the court denied compensation to a plasterer who was engaged
to do several days’ work on a residence on which the work of remodel
ing had been carried on for some months, the rejection being based
on the view that the employer was not engaged in the business of
building in the sense intended by the law. One justice dissented,
saying that the majority had changed the law from “ the regular
course of the business ” to “ the course of the regular business ” of
the employer, thus unduly narrowing it.
The Supreme Court of Michigan, also, while recognizing that it
is usual for the owner of a hotel to have his rooms painted and deco
rated occasionally, set aside an award in favor of a painter and
decorator, holding that such work was not a part of the business of
keeping a hotel within the meaning of the State law. (Holbrook v.
Olympia Hotel Co., 166 N. W. 876.)
Perhaps even more unsatisfactory than the foregoing is a decision
of the Illinois Supreme Court (two justices dissenting) declaring
casual the employment of a laborer on a highway who was killed by
a dynamite explosion while assisting in the removal of stumps. The
work of blasting was to continue but a comparatively short time,
and while the general work on the highway at the time was held not
to be hazardous within the meaning of the act, the work of blasting
was declared to be so; but this work was said to be “ a mere casual
or incidental employment in connection with the matter of grading
and repairing the road, this bringing the workman within the class
of casual employees who are not included within the act; ” this
though the workman was regularly and continuously employed in
the general undertaking. (McLaughlin v. Industrial Board of Illi
nois, 117 N. E. 819.)
This is in contrast with the position of the Supreme Court of
Minnesota (State; ex rel. Nienaber v. District Court, 165 N. W. 268),
which held that the driver of a street sprinkler, who went to the aid
of the driver of a coal wagon at his request, and was injured while
so aiding him, was an employee of the coal dealer, since, though the
employment was but casual, it was in the course of the employer’s
business and within the act.
Other exclusions.—Inasmuch as compensation is to be paid by the
employer or his insurer to the employee, the question of who are
employees is essential. The compensation board of Pennsylvania
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W O RK M E N 'S COMPENSATION LEGISLATION.
denied benefits to the secretary and treasurer of a mercantile com
pany, who was also a buyer, and sometimes sold goods behind the
counter, saying that the law was for the benefit of workmen and
laborers serving at modest salaries or for wages, under the direc
tion and control of others, and not for the executive officers of cor
porations. (Bastheim case, 1917.) A similar conclusion was reached
by the Court of Appeals of New York in a case (Bowne v. S. W.
Bowne Co., 116 N. E. 364) in which the president and principal
stockholder of the company lost a leg as the result of an accident
occurring while he was handling lumber. His salary was not af
fected by the accident, nor were his dividends reduced thereby. The
industrial commission of the State, however, granted his claim for
compensation, awarding the maximum schedule benefits. The com
pany and the insurer carried the case to the court of appeals, where
it was held that the intention of the law was to make a distinction
between such an officer as the claimant in this case and other em
ployees of the corporation, and the order granting the award was
reversed.
Public employees.—A separate statute extends the benefits of the
New Jersey compensation law to public employees, but provides that
elective officers and persons receiving salaries greater than $1,200
per year shall not be entitled to compensation.
This was held
(Mayor, etc., of Jersey City v. Borst, 101 Atl. 1033) to debar dis
ability benefits only, and where the injury was fatal the claim of de
pendents was allowed without regard to the excess of salary above
$1,200. The law of Illinois brings within its scope all employers
engaged in the enumerated hazardous occupations, including under
the term “ employer ” the State and each county, city, town, town
ship, etc., election being presumed in the absence of active rejection
of the act. In McLaughlin v. Industrial Board of Illinois (117 N. E.
819) the contention was made that the act was invalid, since there
was at common law no liability of the township in cases such as that
in hand, in which a road workman was killed by an explosion of
dynamite used in removing stumps from a highway; and that the
legislature could not, and did not intend to, require a township to
make an election in order to escape the provisions of the act. As to
this the court held that the legislature had the right and power to
make a township liable in damages to its employees, and that it was
not essential that it should specify the means* by which an election not
to provide and pay compensation under the act should be made. It
was also urged that it would be illegal to compel taxpayers to pay
compensation under an elective act when they had no choice in the
matter and no opportunity of making an election. To this the
court replied that the officials in interest had the power of making the
election, and that municipalities speak through their elected officials
CONSTITUTIONALITY AND CONSTRUCTION OF STATUTES.
77
and not through the taxpayers. The law was therefore held con
stitutional and applicable to employment of the nature under con
sideration. Compensation was denied, however, as already noted, on
the ground that the employment was casual.
A different view was taken by the Supreme Court of Kansas of
the law of that State, compensation being denied a teamster injured
while hauling sand for a county road, on the ground that the county
was not, in the work in hand, engaged in trade or business within the
scope of the compensation act. (Gray v. Board of County Commis
sioners, 165 Pac. 867.)
Somewhat resembling the contention raised in the McLaughlin
case was the objection made to the law of Nevada that in making
it compulsorily applicable-to counties there was a violation of the
due-process-of-law clauses of the Federal and State constitutions.
The supreme court of the State took the position, however, that in
requiring counties to pay premiums under the act it was directing
money to be spent for a public purpose, which was a legitimate charge
upon the people, the State, and its subdivisions, so that the law was
constitutional. (Nevada Industrial Commission v. Washoe Co., 171
Pac. 511.)
The status of a city policeman was passed upon by the same court
in Griswold v. City of Wichita (99 Kans. 502; 162 Pac. 276). In
this, as in the foregoing case, it was said that the city in employing
the policeman was not engaged in trade or business, and further
that he was not in any case a workman within the meaning of the
law, so that no compensation would be allowed. A sheriff elected
to office was held by the California courts not to be an employee
under appointment, and an award in his favor made by the compen
sation commission oi the State was annulled; and this even though
words of specific exclusion in the act of 1911 were omitted from the
act of 1913. (Mono County v. Industrial Accident Commission, 167
Pac. 377.)
Extraterritoriality .—The terms of the laws vary as to their ap
plicability to accidents occurring outside the State, being explicit in
some instances, while in other cases construction by the courts is
necessary. Thus the law of Indiana specifically states that every em
ployer and employee under the act shall be bound by its provisions
regardless of the place of the occurrence of the injury; so that a cir
cus employee, himself a resident of Indiana, his employer being a
corporation organized under the laws of the State, was entitled to
the benefits of an award made by the State board for an injury re
ceived in the State of Illinois. (Hagenback v, Leppert, 117 N. E.
531.) On the other hand, the Kentucky board ruled that the law
of the locality should decide, and dismissed the claim of a workman
usually employed in Kentucky, but receiving the injury complained
78
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COMPENSATION LEGISLATION.
of in the State of West Virginia. So also the Supreme Court of
Minnesota ruled (Johnson v. Nelson, 128 Minn. 158; 150 N. W. 620)
that a workman injured outside the State can not recover under the
State law, but must look to the law of the locality for redress.
The Industrial Commission of New York made a distinction in
the case of an employee of a corporation doing business in New
York, the employee himself being a resident of Rhode Island, but
at the time of his injury working in the State of Texas. The case
of Post v. Burger (see Bui. 203, p. 221) was distinguished, Post be
ing said to be a resident of New York and potentially a public
charge on the State if injured, while in this case the injured man
would in no event assume such a status. It was said that he might
recover under the laws of Texas, since in actions of tort the law of
place must govern, so that compensation was denied (Carlson case,
1917). It is not clear, however, how this distinction could be made
to nullify the argument of the court of appeals to the effect that the
premiums paid for insurance under the act are computed on the pay
roll, and not on the time worked within or without the State bound
aries. The State fund was the insurer, and the workman had been
directed by his employer in New York to go to Texas, where the in
jury occurred. In passing upon the case, the commission stated that
the New York statute could not compel employers either in New
York, in Rhode Island, or in Texas to cover their employees every
where with compensation insurance.
Admiralty .—Developments have been particularly interesting in
this field by reason of the action of the United States Supreme Court
and of the Federal Congress therein. The administrative bodies in
New York and California had been, by reason of their geographical
location, especially active and interested in the matter of compensa
tion for longshoremen and others engaged in maritime operations.
As noted in Bulletin 203, page 222, the Court of Appeals of New York
(In re Walker, 109 N. E. 604) had ruled that as an employee was
entitled under Federal law to proceed either at common law or in
admiralty to recover for injuries, so now he might choose to make a
claim under the compensation law as superseding the common law
in the State. This case came before the Supreme Court, which held
(four judges dissenting) that a State can not impose obligations
such as are contained in the New York compensation law, upon
maritime commerce, since to do so would be to destroy the uniformity
in maritime matters that the Constitution intended to establish in
its provisions as to admiralty jurisdiction. (Southern Pacific Co. v.
Jensen, 244 U. S. 205, 37 Sup. Ct. 524; Clyde Steamship Co. v.
Walker, 244 U. S. 255, 37 Sup. Ct. 545.) An interesting sequel to
this decision was an amendment to the Federal Judicial Code, saving
to claimants of the class affected the right to proceed under any com
CONSTITUTIONALITY AND CONSTRUCTION OF STATUTES.
79
pensation law applicable to the locality in which the injury was
received.
Interstate commerce.—The difficulties attendant upon the deter
mination of claims of employees engaged in the operation of trains
are so obvious as to be quite generally understood. The rights of
recovery are widely different, dependent upon whether the employee
is engaged in interstate or intrastate commerce, and the boundaries
between these two classes of employment are not only obscure in
themselves, but the efforts of the courts in attempting to determine
them have been hardly less confusing than clarifying. Thus a pre
liminary question to be disposed of in the case New York Central R.
Co. v. White, noted under the discussion of constitutionality of the
laws, was as to the status of the employee suffering the injury. It
appeared from the facts that he was a night watchman, guarding
tools and materials intended to be used in the construction of a new
railway station and new tracks not yet brought into use. The com
pany made the contention that, on account of the interstate nature
of the business, the rights of recovery against it were defined and
limited exclusively by the provisions of the Federal Employers’ Lia
bility Act of 1908. The Supreme Court held, however, that since the
employee was not at the time of the injury engaged in interstate
transportation, nor in work so closely related to it as to be practically
a part of it, but had to do solely with construction work, he was
within the jurisdiction of the State law. On the other hand, where
a workman employed in cutting weeds, etc., along the right of way
of a railroad died from congestion of the lungs following poisoning
from ivy vine, an award and decision in his favor (see Bui. 203, p.
206) were reversed by the Court of Appeals of New York because
consideration had not beeti given to the contention that the work of
removing the weeds, grass, etc., was interstate commerce. The court
held that if the work contributed to the safety and integrity of the
railroad, which was an interstate carrier, it was a part of inter
state commerce, and the industrial commission must pass upon the
nature of the employment before making its award. (Plass v. Cen
tral New England Ry. Co., 117 N. E. 952.)
A serious result of error in choosing the remedy appeared in a
Michigan case, where an employee was adjudged to be in intrastate
employment after having sued under the Federal law. Since the
compensation law requires claims to be filed within six months after
the injury, and a greater time had been consumed in the court pro
ceedings, no right of recovery remained. (Schild v. R. Co., 166
N. W. 1018.)
The most important decisions in this field, however, are those of
the Supreme Court in passing upon the question of the right of the
80
w o r k m e n ' s c o m p e n s a t io n
l e g is l a t io n .
States to enact supplemental legislation in the field of interstate
commerce. As pointed out in Bulletin 203 (pp. 223-225), the courts
of New York and New Jersey adopted the position that inasmuch
as the Federal law took cognizance only of cases in which the em
ployer was negligent, it was possible for the States to establish as <
’
to accidents not involving negligence the doctrine of liability without
fault embodied in the compensation system, so as to make it appli
cable to railroad operation, whether interstate or intrastate. The
exclusive force o f the Federal act where applicable was recognized,
but where no negligence was charged it was assumed that there was
no applicability o f the Federal law, and that compensation might be
awarded on the contractual obligation imposed by the compensation
statute. This the Supreme Court of the United States denied, hold
ing that interstate commerce is not in any way subject to State com
pensation laws, and saying that the Federal statute is 64comprehen
sive and also exclusive, fixing the entire responsibility of interstate
carriers to their employees, so that no power to supplement the laws
lies within the purview of State legislatures.” (New York Central
R. Co. v. Winfield, 244 U. S. 147; 37 Sup. Ct. 546.) This case was
before the Supreme Court on a writ of error to the Court of Appeals
o f New York, which affirmed the judgment of the court below, sus
taining an award where a section laborer had lost the use of an eye
by being struck by a pebble while tamping ties oh the main track of
the road. A quite similar case was before the Supreme Court from
the Court of Errors and Appeals of New Jersey. In this case an
employee of an interstate railway, in charge of a switch engine, was
killed while leaving the yards after his day’s work, which had in
cluded employment in both interstate and intrastate commerce. An
award of the court of common pleas was made in favor of the claim
ant on the ground that the employee was not at the time of his injury
employed in interstate commerce, so that compensation should be
made under the State law. The supreme court of the State reversed
this judgment, on the ground that the injury was sustained in inter
state commerce, so that the case should be controlled entirely by
the Federal statute. The court of errors and appeals in turn reversed
this judgment, admitting that the employment was interstate in its
character, but regarding the Federal act as without bearing because
the case was one in which no negligence was charged, in which event
. the Federal statute afforded no remedy. The Supreme Court re
versed this judgment for the reason noted in the New York case above,
i. e., that in interstate commerce the full measure of the carrier’s
liability is determind by the Federal law. (Erie R. Co. v. Winfield,
244 U. S. 170; 37 Sup. Ct. 556.) It may be noted that two justices
dissented to the opinions in both the above cases, on the ground
CONSTITUTIONALITY AND CONSTRUCTION OF STATUTES.
81
that the Federal law was intended to cover only the limited
field o f the carrier’s liability for negligence, and not the whole field
o f the obligation as it might arise from the occurrence of accidents.
O f course, where a claim is brought under the State law, the appli
cation of the Federal law to the case must be pleaded by the company
if it wishes to make use of the fact as a defense, and this point is
emphasized in a case before the Pennsylvania Compensation Com
mission in the case of a flagman at a crossing who was killed by an
interstate train; the commission ruled that the mere facts as stated
were not of themselves sufficient to prove an injury in interstate com -,
merce, but that the burden of proof is on the company to take the
case out from under the State law, if it wishes to use this defense.
(Holmes case, 1917.)'
The Industrial Accident Board of Texas had before it the case of
a claim for injuries received by the employee of a companjr engaged
in business described as “ general towing,” the employer being in
sured in a stock company in Conformity with the provisions of the
State compensation law. An award was made under a construction
o f the law that held that such operations as the towing of vessels
entering and leaving the harbor of Port Arthur were within the
provisions of the State law. On the rendition of the opinions in the
Winfield cases and the Jensen case, the insurer declined to make
further payments on the ground that the decisions of the Supreme
Court showed the case to be one for Federal jurisdiction and not
under State law.
Assuming that as between the towboat company and its emplo}^ees
there was a question of admiralty rights and jurisdiction, the board
took the position that nevertheless the insurance company could not
plead any defenses under the maritime law, since it had come into
the case voluntarily, assuming certain contingent liabilities for a
valuable consideration. “ It has no admiralty rights whatever—it
neither owns nor operates a boat— could not do so under its charter
powers.” It was held also that when the towboat company volun
tarily became a subscriber 10 the act it waived its admiralty rights,
and that the employee working for the company with a knowledge
of the facts likewise waived his admiralty rights. Under the law the
suit in question was one between the insurance company and the
employee or his beneficiaries, and as the company was without ad
miralty rights, and the employee had waived such rights, the doc
trines enounced in the decision by the Supreme Court had no appli
cation. In so far as the question of interstate commerce was con
cerned, the purely optional nature of the Texas statute was said to
distinguish it from the laws of New Jersey and New York; and since
the exnployee had by voluntary agreement accepted provisions of law
4Uf)lb°— Bull. 243— 18-------6
w o r k m e n 's
82
COMPENSATION LEGISLATION.
by which he did not look to the employer, either directly or indi
rectly, for damages or compensation in case of injury, but to a third
contracting party, the Federal statute was not operative. In view of
this position, compensation payments by the insurer were directed
to be continued.
ARISING- 0¥T OF AND IN COURSE OF EMPLOYMENT
It is of interest to note that the United States Employees’ Compen
sation Law provides relief for injuries to an employee “ sustained
while in the performance of his duty,” thus adopting a phraseology
which differs from that found in the majority of compensation
statutes. The absence of judicial construction, of these words put
upon the commission the duty of adopting a rule for its own guid
ance, the language being obviously somewhat broader than that gen
erally used. The rule is thus stated:
A personal injury sustained by a civil employee o f the United
States while on the industrial premises of a navy yard, arsenal, or
other place of employment, provided such employee is on such
premises for the purpose of going to or returning from his work or
performing duties connected with or incidental to his work, and is
not on such premises merely for purposes of his own, shall be an
injury sustained “ while in the performance of his duty ” within the
meaning of that phrase as used in section 1 of the compensation act
of September 7, 1916. This ruling is based upon the responsibility
o f the United States, as the employer, for the safe and sanitary con
dition of its premises.
The Pennsylvania statute approximates this position in providing
compensation for accidents in the course of employment, omitting the
words “ arising out of.” Under this, compensation was allowed an
employee who was shot by a fellow employee who had gone insane,
the board holding that “ it is sufficient that he suffer his experience
while in the course o f his employment.” (Quam case, 1917.) Simi
larly the Ohio statute does not contain the words “ arising out of,”
but this was held by the supreme court of the State (Fassig v. State,
116 N. E. 104) not to warrant the extension of the remedy provided
by the act to cases other than those in which the injuries resulted
from or were connected with the employment; so that it “ would not
cover any case which had its cause outside of and disconnected with
the employment, although the employee may at the time have been
actually engaged in doing the work of his employer in the usual
way.”
The nature of one’s employment may furnish an essential basis for
determining the liability of the employer for certain forms of acci
dent, as, in the case of a night watchman, who was supposed to exer
cise the authority of a guard or policeman in protecting his employer’s
CONSTITUTIONALITY AND CONSTEUCTION OF STATUTES.
83
property from injury. The Supreme Court of Illinois in Ohio Build
ing Safety Vault Co. v. Industrial Board (115 N. E. 149) took the
view that the murder of a night watchman might properly be found
to be connected with the nature of his employment as the proximate
cause, the injury being one to which the employee would not have
been equally exposed apart from his employment.
Where the injury is the result of horseplay, it is quite commonly
held that while the accident occurred in the course of the workman’s
employment it did not arise out of it. The Michigan Compensation
Board was therefore constrained to deny compensation in a case in
volving the perennially recurring folly of causing internal injuries
to a workman by the application of compressed-air hose, the case as
usual being one of a claim for fatal injury. In a similar, though nonfatal, case the supreme court of the State disallowed a claim as not
arising out of the employment, though it was in evidence that the
employees “ all had a habit of fooling around at different times.”
The injured man in this case was attending to his duties, which were
in no way connected with the use of the compressed air. (Tarper v.
Weston-Mott Co., 166 N. W. 857.) The Appellate Court of In
diana, however, took the view that where the injured man was
taking no part in the use of the hose or in the so-called sport there
with, he was within the provisions of the act, so that his dependents
might claim compensation. (Bimel Spoke & Auto Co. v. Loper, 117
N. E. 527.)
Rulings were noted in Bulletin 203, pages 237, 238, involving in
juries to workmen which would not have resulted but for their prac
tice of smoking. The boards of different States have taken opposite
positions on the subject, but the Industrial Commission of Iowa took
a different stand from that adopted by the attorney general of the
State on the subject, and denied the claim of a workman injured
while attempting to light his pipe, on the ground that smoking was
not part of his employment, and the employer was not liable for the
injury. (Rish case, 1917.)
The situation of an employee whose hours of labor are spent under
conditions determined by the employer was passed upon by the
Industrial Commission o f Wisconsin, the case being that of a lumber
man who was injured while in his bunk at the camp by a straw
dropping from the bunk above him into his mouth and causing an
infection. It appeared that no other sleeping quarters were avail
able than those furnished by the employer, so that the injury was
held to arise out of the employment, the employment being re
garded as continuous from the time the workman entered the camp
until the completion of his contract. (Bebeau case, 1917.)
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COMPENSATION LEGISLATION.
LIABILITY OF THIRD PARTIES.
The provision found in compensation laws subrogating the em
ployer to the injured workman’s rights against a third party causing
the injury permits suits for damages in amounts to be determined
by a jury, which may, of course, be different from the amounts
awarded as compensation under the act. The Nebraska statute per
mits the employer paying compensation to sue such third party
without any limitation upon the amount recoverable in the action;
but it was held by a United States Circuit Court of Appeals that
where the recovery by the employer was for a larger sum than the
statutory obligation under the compensation law, he should turn
over to the injured workman any excess remaining after deducting
his own payment and the costs of the proceedings, such excess to go
as an added benefit to the beneficiaries under the compensation law.
(Otis Elevator Co. v. Miller & Paine, 240 Fed. 876.) A point inci
dentally decided in this case was to the effect that the concurrent
negligence of the employer does not bar his right to proceed against
a negligent third party. A different aspect of the matter developed
in a case before the New York Supreme Court, where a workman
was injured, while engaged in his duties, by reason of an assault by
strikers. In passing sentence upon the assailants the court put them
on parole on condition that they pay periodically specified sums
to the injured man. The injured man also claimed benefits under the
compensation law, and an award was made by the industrial com
mission, which held that the employer should make these payments
without regard to the sums received by the workman under the sen
tence of the court. The employer and insurance carrier complained
of this holding, and as the law provides that the employer shall be
subrogated to the remedies of the employee against the third party,
and makes the employer liable only for any difference between the
recovery by suit and the statutory award under the compensation
law, it was held by the court that the commission had erred in not
applying the sums paid by the assailants to the statutory award,
leaving the employer liable only for such balance as might remain
due. (Dietz v. Solomonwitz, 166 N. Y. Supp. 849.)
Quite similar was the decision in a Connecticut case (Rosenbaum v.
Hartford News Co., 103 Atl. 120), in which it was held that where
the third party had paid a sum for a release before any suit was
brought, the employer was entitled to have this sum deducted from
the amount to be paid by him as compensation. Conversely, the
Supreme Court of Michigan ruled that the amount recoverable by
an employer suing the third party was limited by the amount paid
by him as compensation to the injured workman.
(Albert A.
Albrecht Co. v. Whitehead & Kales Iron Works, 166 N. W. 855.)
CONSTITUTIONALITY AND CONSTRUCTION OF STATUTES.
85
PARTIAL DISABILITY.
The enumeration by schedule of certain frequently occurring
injuries and the fixing of stated benefits therefor does not render
purely automatic the administration of the laws in this field. Where
the awards prescribed are to he used as a standard for disabilities of
a comparable nature, it is obvious that the administrative board must
use its discretion in determining the amount due according to these
standards. The Indiana law fixes specific amounts for the loss of
separate fingers, and also for the loss of a hand, the latter being less
than the aggregate that would result from the four fingers and the
thumb computed separately. The appellate court of the State,
however, pronounced absurd a view that would allow such an aggre
gate award, since it must be assumed that the loss of the hand at the
wrist would be a greater loss than that of the fingers and the thumb,
unless under extraordinary and unusual circumstances. An award
was therefore directed to be made in such amount as the board might
find proper, “ not to exceed 200 weeks,” following the language of
the statute applying to cases not specifically provided for; though
as the award for the loss of a hand is but 150 weeks, it is clear that
the intention of the court could not be carried out if an award in
excess of that term was made. (In re Maranovitch, 117 N. E. 530.)
This court had before it a case in which an award had been made
for temporary total disability due to injury to one part of the body,
and also for permanent partial disability resulting from the same
accident. It was held that the two awards were not to run concur
rently, but should be consecutive and within the statutory limita
tions as to the total term and amount of benefit payments. (In re
Denton, 117 N. E. 520.) A number of the law's are specific in their
statement that where there is a schedule of awards for permanent
partial disabilities the payment prescribed shall be in lieu of all
other compensation for the injury; but where there was an amputa
tion of one finger, compensable under the schedule as a permanent
partial disability, and a crushing and laceration of another finger,
causing temporary total disability, the Industrial Accident Commis
sion of Maryland awarded benefits for the two injuries independ
ently.
Instead of making the schedule awards a standard by which other
injuries of a comparable nature should be compensated, the law of
Nebraska enumerates but a brief list of maimings, and directs that
other partial disabilities shall be compensated on the basis of the
wage loss occasioned thereby. Under this law, the loss of a toe,
which is specifically provided for in the laws of several States, was
held not to entitle the injured workman to compensation for maim
ing unless it appeared that his earning power was thereby impaired.
(Epsten v. Hancock-Epsten Co., 163 N. W. 767.)
86
WORKMEN
COMPENSATION LEGISLATION.
TOTAL DISABILITY
From one point o f view it would appear to be one o f the simplest
problems o f workmen’s compensation to determine when an em
ployee is to be classed as totally disabled. In practice, however, the
question is complicated by reason of the terminology o f the laws
and perhaj^ by the point o f view of the administrative bodies as
well. The point is illustrated by the decision of the Supreme Court
o f Kansas in Souvain v. Battelle (164 Pac. 1086), in which it was held
that a workman customarily engaged at hard manual labor prior to
his injury and totally incapacitated for such labor by reason o f an
industrial accident was entitled to compensation even though he
subsequently obtained employment at better wages than he had
earned before. The Kansas law is somewhat peculiar in its provi
sions as to partial disability, directing that payments shall be made
therefor in amounts not less than 25 per cent nor greater than 50
per cent of the weekly earnings, during the continuance of the dis
ability, but without directing that the payments shall correspond to
the wage loss. It can hardly be said that the award in the Souvain
case is the result of this provision, however, since the Wisconsin Su
preme Court was constrained to make an award as for total inca
pacity in the case o f a man who was only partially disabled for em
ployment in many occupations, but would never be able to follow
the employment in which he was engaged at the time of his injury.
(Mellen Lumber Co. v. Industrial Commission, 142 N. W. 187.)
The adoption by the legislature of a schedule of maimings elimi
nated the difficulty in this particular case; and it is clear that to
make an award as for permanent total disability in cases where
there is room for readjustment and rehabilitation does not accord
with the spirit of the compensation law. Still, the rights o f the in
jured man and the fact that he has suffered serious economic and
physical loss can not be overlooked in any settlement o f this ques
tion.
A case of temporary total disability, involving an award for the
entire loss o f a previously mutilated but usable member, was passed
upon by the Pennsylvania board, the workman having lost in boy
hood four fingers at the knuckles and the thumb at the first joint.
However, he had acquired such skill as to be able to perform many
of the duties of a laborer with this hand until a second injury re
moved the remainder of the thumb and the entitre palm of the
hand. It was said that no award could be made for the loss of use
o f the hand because he had had no hand to lose; but an award was
made on the basis of 50 per cent of the wage loss due to the injury
for the period o f total disability, the award being subject to revision
on the basis of the wage loss remaining after the healing and adjust
CONSTITUTIONALITY AND CONSTRUCTION OF STATUTES.
ment period had expired, subject to the statutory limitations.
case, 1918; see Purchase case, pp. 72, 73.)
87
(Wills
DEPENDENCE.
Other than as prescribed by the statutes themselves, questions of
dependence for purposes o f compensation administration involve
identical principles with those elsewhere applicable. A somewhat
peculiar situation arose in a case passed upon by the Pennsylvania
Compensation Board where a woman had lived apart from her hus
band and was not dependent; but not having been legally separated
she was held by the board to be the widow of a deceased, workman
in such a sense as to bar the claim of his dependent mother, the law
allowing awards to dependent parents only “ if there be neither
widow, widower, or children.” (Zimmerman case, 1917.)
The provision of law declaring that the status of dependents is
fixed as of the time of the injury giving rise to the claim was held
by the Supreme Court of Wisconsin to bar the claim of a widow
who had become the wife of an injured man subsequent to his injury;
moreover, the child who was legitimated by the marriage was de
nied benefits as not a potential dependent at the time of the injury,
all compensation going to the dependent father of the deceased.
(Kuetbach v. Industrial Commission, 165 N. W. 302.) On the other
hand, the Supreme Court of New York (Crockett v. International
Hy. Co., 162 N. Y. Supp. 357) held that, though the law of that
State makes a similar provision, this does not affect the status of a
widow, who is entitled to benefits as the “ surviving w ife” of the
injured workman, without regard to actual dependency or the date
of the marriage.
BASIS OF AWARDS.
An item that may be noted under this head is the ruling of the
Pennsylvania Compensation Board to the effect that bonuses regu
larly paid as an inducement to steady work are to be considered as a
part of the wages and used as a basis on which percentage awards
are to be computed.
SETTLEMENTS.
Provisions are found in some of the laws clarifying the subject
of the vesting of compensation rights and the disposal of unpaid
remainders in the case of the death of beneficiaries. The New Jersey
law as originally enacted authorized payments to an injured work
man during disability, but not beyond 400 weeks. An amendment
o f 1913 provided that in case of the death of a person from any
cause other than accident during the payments for permanent injury
surviving dependents should receive any unpaid balance of the award
88
WORKMEN 7S COMPENSATION LEGISLATION.
within the term indicated. It was held (Erie E. Co. v. Callaway,
103 Atl. 6) that an award under the unamended law ceased with
the death o f the injured man, if from some other cause than the
injury, even though the death occurred after the enactment of the
amendment continuing unaccrued payments to dependents.
The Texas statute names the potential beneficiaries and provides
that they shall be entitled to compensation according to the laws of
the State governing descent and distribution. This is construed by
the industrial accident board of the State to warrant a readjustment
of benefits on the lapse of payments to any member of the group,
whether by death or otherwise; the survivors taking, however, not
as heirs of a deceased beneficiary, but by their original right which
w^as either reduced by a cobeneficiary in being at the time of the
earlier award, or was entirely in abeyance on account of a superior
claimant. The effect of this construction is to continue the payment
of the full amount of 60 per cent of the wages as benefits so long as
any person of the designated class or classes, entitled thereto if
standing alone, is in being, up to the end of the term contemplated
by the act.
Under the law of Washington, an injured man dying without
heirs after an award made, but not paid, leaves nothing to his admin
istrator. (Ray v. Industrial Insurance Commission, 168 Pac. 1121.)
Another question that may be considered under this head was
passed upon by the Workmen’s Compensation Board of Pennsylvania
in a case in which the employer had continued to pay full wages by
voluntary action on his part during the term of the disability of an
injured employee, the injured man subsequently claiming compensa
tion. The board ruled that in the absence of proof that the wages
had been paid in settlement of the employer’s obligation to pay com
pensation, they would be treated as a gratuity, and an award was
allowed the claimant within the terms of the act. (Keyser case, 1917.)
The Indiana statute specifically provides that payments made to an
injured employee, not due or payable under the act, may be taken into
account in making an award; so that an award deducting the amount
advanced by the employer was approved. (Underhill v. Central Hos
pital for the Insane, 117 N. E. 870.)
MEDICAL TREATMENT.
The fact that an injured workman, claiming compensation on ac
count of his status as an element in the productive forces of society,
owes a reciprocal duty to make the most advantageous use of the
provisions afforded him would seem to be increasingly recognized. A
number of the laws direct compliance with reasonable medical in
structions, and provide for the suspension of compensation payments
during any period of refusal or neglect. Thus the refusal of an em
CONSTITUTIONALITY AND CONSTRUCTION OF STATUTES.
89
ployee to undergo an operation for the removal of a cataract caused
by accidental injury was held by the Supreme Court of Illinois to be
so unreasonable, in view of medical experience and testimony, as to
warrant the withholding of an award while such refusal continued,
the court holding that the loss of sight was probably due to such
refusal and not to the accident; if the operation should be a failure,
?he question of compensation for any existing disability would then
I e open for a decision in the light of the facts. (Joliet Motor Co. v.
Industrial Board, 117 N. E. 423.) Similarly, the Industrial Accident
Board of Massachusetts directed the discontinuance of compensation
payments until a woman who had lost a hand should agree to under
take to wear and accustom herself to the use of an artificial hand
furnished by the employer, which, it was expected, would enable her
to earn wages and so reduce the amount of compensation necessary,
phj^sicians having testified that the stump left by the amputation
was suitable for the use of such a hand. (Wiaezkis case, 1917.)
The Superior Court of Rhode Island also refused to allow a claim
for permanent total disability where the Sensitiveness of an injured
finger could probably be remedied by the simple operation of remov
ing a portion of the bone to secure a better flap to cover the end,
and ordered compensation to cease after six weeks unless an oper
ation was submitted to.
While there is an evident movement toward allowing the injured
workman a measure of freedom in the selection of his physician,
the arrangement for the treatment must be made in conformity with
the law, which, while it makes the employer responsible therefor,
does not provide for independent action on the part of the em
ployee in this respect. Thus it was held that although the New
York law authorizes and requires the employer to furnish medical
aid as required or demanded, it does not permit the recovery of
medical costs in a separate suit at law, the industrial commission
having the duty to make awards in this field and passing upon all
fees and charges (Semmen v. Butterick Publishing Co., 166 N. Y.
Supp. 993) ; nor can the employee assign a claim for services to his
physician, the law giving the physician no recourse in his own
right or by assignment that will permit him to sue the employer for
his fees. (Bloom v. Jaffe, 157 N. Y. Supp. 926.)
The Indiana statute provides for medical, etc., services for 30
days immediately following the injury. The Court of Appeals held
that where the disability developed some time after the accident
causing it, the date of the beginning of the disability should be taken
as the date for the computation of the period of treatment. (In re
McCaskey, 117 N. E. 268.) However, the Supreme Court of Michi
gan held (Cooke v. Holland Furnace Co., 166 N. W. 1013) that,
though the words “ accident” and “ injury” are not synonymous,
90
W ORKM EN'S COMPENSATION LEGISLATION.
they are concurrent in point of time; so that though a disability
accruing after the expiration of the period for medical treatment
was clearly due to the accident, it was entitled to no such treat
ment; nor could an award be extended beyond the statutory period,
even though it appears that the legal provision as to furnishing
treatment was not fully complied with, the board having no power
to assess any form of damages, but only to administer the act accord-*
ing to its terms. (McMullen v. Gavette Construction Co., 166 N. W .
1019.)
The matter of paying for home nursing was considered by the
industrial commission of Utah, the claim for services rendered being
allowed the wife of an injured man in a case recognized as a “ hos
pital case ” on the testimony of the physician in charge, where it
appeared that the wife was competent and actually rendered the
services for which payment was claimed. (Fowler case.) It was
said that if the employer objected he should see that such cases are
cared for at a hospital. (See Bui. No. 203, pp. 277, 278.)
NOTICE AND CLAIM.
The requirement that notice be given by the injured person of his
injury and of his intention to claim compensation is phrased differ
ently in the different acts. Thus the law of Michigan directs that
notice be given within three months of the happening of the injury,
if a claim is to be submitted. This was construed by the court to
mean within three months of the happening of the accident causing
the injury, and not three months from the time disability com
menced or the real seriousness of the injury was understood.
(Dane v. Michigan United Traction Co., 166 N. W. 1017). The New
York law, on the other hand, requires notice of the accident within
10 days after disability, which would obviously imply a different
starting point from that fixed by the Michigan statute. In con
struing its law, the Court of Appeals of New York held that no suf
ficient notice of an injury had been given in a case where a cloak
model claimed that she had spoken of the pricking of her finger
with a pin and had asked for peroxide to use on it. Infection re
sulted, and an employee of the company carried the girl’s pay to her
and saw that she had a swollen arm, but no connection was made
with the alleged pin prick, nor was any claim submitted until
some nine months later, when the industrial commission approved
the claim on the ground that the employer had not been prejudiced
by the lack of notice. This was rejected by the appellate division
and by the Court of Appeals, the latter court saying that the require
ment o f notice should not be regarded as a mere formality, and that
the burden rested on the claimant who had been negligent in the
matter o f notice to supply evidence and secure a finding that no
CONSTITUTIONALITY AND CONSTRUCTION OF STATUTES.
91
prejudice had resulted. As to the claim that notice had been given,
the court pointed out a distinction between the happening of a trivial
accident, liable to occur in any one of many ways, and a statement that
a workman at a machine where he was properly employed had been
injured by it, saying that in the latter case the employer might prop
erly be assumed to have been put on notice that an industrial accident
had taken place, but that in the present circumstances no such pre
sumption could be indulged. (Bloomfield v. November, 119 N. E.
705.)
In New Jersey, notice is required unless there is “ actual knowl
edge ” of the occurrence of the injury on the part of the employer.
It was held (Allen v. Millville, 87 N. J. L. 356, 95 Atl. 130), that
the law does not require first-hand knowledge by the use of this
term, but that it may be understood in the popular sense; and
knowledge of a proper corporate agent was held to be knowledge
of a corporation.
APPEALS.
In the more technical matters of procedure, the courts have held
that the terms of the law must be strictly complied with, as where a
period is fixed within which an appeal must be taken from an award
to secure a review by the courts. Delay in this regard was held to
be fatal, the provisions of the statute establishing an absolute limita
tion. (Northern Pacific S. S. Co. v. Industrial Accident Commis
sion, 168 Pac. 30; New Dells Lumber Co. v. Industrial Commission,
164 N. W. 824.) In an Ohio case (Roma v. Industrial Commission,
119 N. E. 461), however, a claimant was allowed the right of ap
peal where it was in evidence that his attorney had been informed of
the rejection of his claim, and more than 30 days had elapsed before
the appeal, it appearing that actual notice was not received by the
claimant himself. The court said that to deny the rights of the
claimant under such circumstances would be to take advantage of a
technicality, whereas the spirit of the law required a determination
on the merits of the case, and that it would not be a harsh rule to
require the board to assure itself, in the event of a rejection, that the
claimant was himself informed of the fact.
This case involved the right of appeal by an employee of an em
ployer who was a self-insurer under the statute, the court of appeals
o f the State having held that such an appeal was not possible. This
point had been decided to the contrary by the State supreme court in
Reinholz v. Industrial Commission (119 N. E. 129), in which it was
said that to deprive employees of self-insurers of a right enjoyed by
employees of insurers in the State fund would be to create a discrimi
nation that would lead to the invalidation of the provision of the law
permitting self-insurance; but having held this section of the law
constitutional, it was the duty of the court, unless the language oi;
92
w orkm en 's
COMPENSATION LEGISLATION.
the act made it impossible, to give effect to all the provisions of the
law by avoiding any construction that would lead to such an unwar
ranted classification. It was added that if the State authorized the
publication of notices by an employer to the effect that he was per
mitted by the board to carry his own insurance, it became the duty
o f the State to safeguard the employees’ interests under the act; also
that the self-insurer’s contribution to the surplus fund provides a
source from which payments under jury awards on appeal might be
paid, while the State might also recoup the fund by an action against
the self-insurer or his bondsman. The court of appeals was there
fore reversed.
A further point involved in the appeal in the Eoma case was the
form of the award. The jury had allowed a recovery of $2,000 in a
lump sum, but the court found that this method o f payment was not
in accordance with the spirit of the compensation law, and asserted
its authority to modify the award, reducing it to a series of weekly
payments of $8 per week for 250 weeks, this appearing to be a reason
able finding under the verdict of the jury, and in accord with the de
sign of the legislature in the enactment o f the law.
INSURANCE.
The primary importance of securing to the workman the awards
potentially provided for by the compensation statutes has led to the
enactment of various provisions looking toward the insurance of the
employer’s obligation or the making of guarantees by him that he
will meet the contingent liabilities fixed by the laws. Alternative
provisions are made in most States, giving an option or choice to the
employer as to the mode of carrying his insurance. Where a State
fund is provided, and subscription thereto is made the essential con
dition of conduct of an industry, questions of alternative rights are
of course foreclosed. This is the case with the Washington statute,
and the Supreme Court of the United States in Mountain Timber
Co. v. Washington (243 U. S. 219; 37 Sup. Ct. 260) considered the
form of a general but graduated tax upon industry as being a proper
method of securing the efficient working of the law. The act forbids
the employer to deduct any part of the insurance premium payable
by him to the State fund from the wages or earnings of his workmen.
As to this, the court saw a possible serious question as to the uncon
stitutional interference with the freedom of contract if the provisions
“ were to be construed so broadly as to prohibit employers and em
ployees, in agreeing upon wages and other terms of employment,
from taking into consideration the fact that the employer was a con
tributor to the State fund, and the resulting effect of the act upon
the rights of the parties.” Inasmuch, however, as there was no inti
mation that the clause had been so construed, the court declined to
CONSTITUTIONALITY AND CONSTRUCTION OF STATUTES.
93
“ assume in advance that a construction will be adopted such as to
bring the law into conflict with the Federal Constitution.”
Options are given under the New York law, the employer being
permitted to insure in a State-administered fund, or in an author
ized corporation or association, or to maintain self-insurance, so
called, by furnishing satisfactory proof to the State commission of
his financial ability to make such payments- as might be anticipated
in the conduct of his business. In the last-named case, the commis
sion may, in its discretion, require the employer to deposit securities
of a kind prescribed by the statute, in an amount to.be determined
by the commission. Assuming that the method of self-insurance
would be open to all employers on reasonable terms, it was held that
the other modes of insurance might constitutionally be prescribed as
optional alternatives, the rights of the employers not being thus in
terfered with: while, assuming that the State commission would be
diligent in requiring the employer either to furnish satisfactory
proof of his ability, or to write insurance in suitable companies, the
employee could not be regarded as injuriously affected in a consti
tutional sense by the granting of options to the employer. (New
York Central Co. v. White, 243 U. S. 188; 37 Sup. Ct. 247.)
While some States offer a variety of options, even specifically stat
ing, as in Michigan, that the purpose is to make a test of the different
forms so as to discover which is preferable, there has been a continued effort on the part of the Industrial Commission o f Ohio to
secure to the State fund a monopoly of compensation insurance. A
strong alignment of the interested parties was made, the stock insur
ance companies offering vigorous opposition to such a movement.
The constitutionality of various provisions of the State law was
challenged, section 22 (sec. 1465-69) being one of the sections par
ticularly called in question. This section required every employer of
five or more workmen, unless a self-insurer approved by the com
mission, to make premium contributions to the State fund; self-in
surers, furthermore, were obliged to contribute to a surplus fund
for the purpose of forming a guaranty fund, and might also be re
quired to give security or bond to guarantee the payment o f their
obligation. Section 54 (sec. 1465-101), among other provisions,
declared void all contracts or agreements made by an employer to
indemnify him against loss or damage occasioned by the willful act
of the employer or of his agents, or their failure to observe any law
ful requirement for the safety of employees. The first of these sec
tions was declared constitutional, while the latter was said to permit
the writing of compensation insurance for injuries due to negligence
other than those inflicted by willful acts or the failure to observe
safety laws. (State v. Employers’ Liability Assurance Corporation,
116 N. E. 513.) This decision clearly left to the insurance companies
94
w o r k m e n 's c o m p e n s a t io n
le g is la tio n .
the power to write policies not conflicting with the terms o f the law
as construed by the court.
A case in which the opinion was rendered a few months later
than the foregoing involved the validity of the provisions o f the
act authorizing self-insurance, inasmuch as it was only self-insurers
who were taking insurance in the stock companies, the action being
an attempt to procure a judicial ruling which would entirely ex
clude stock companies from the State. In this case (State v. United
States Fidelity & Guaranty Co., 117 N. E. 232), it developed that the
company was insuring the so-called self-insurers, but only in accord
ance with the provisions o f section 54, conforming to the decision of
the court already noted. In the present instance the court declined
to consider the wisdom or unwisdom of the policies involved, but
held that as the commission which had charge o f the State fund
must also exercise duties o f discretion and judgment as to the com
petency o f employers to become self-insurers, there was no inequality
before the law, and no substantial favor gained by either employer
or employee. Judicial construction, therefore, was not found to meet
the end o f preventing the operation of stock companies in the State,
and an amendment, approved March 29, 1917, exempted from pre
mium contributions to the State fund only those persons who were
regarded as competent self-insurers “ and who do not desire to insure
the payment thereof or indemnify themselves against loss sustained
by the direct payment thereof.” This amendment would appear to
terminate absolutely the activities of stock companies in the State,
since only those who are self-insurers in the strictest sense are ex
empted from contributions to the State fund.
INSURANCE BUSINESS TRANSACTED.
The table on page 95 shows the amount of business transacted by
casualty companies, stock and mutual, and by the State funds pro
viding compensation insurance. It will be observed that in most
o f the States having State funds there is also the privilege of writing
insurance in approved companies, the exceptions being Nevada (ex
cept in 1914), Ohio (since 1917), Oregon, Washington, West V ir
ginia, and Wyoming.
It must be kept in mind that these figures represent only the ac
tual transactions for the year, and do not show the losses incurred
nor the premiums earned during the year. They are only suggestive,
therefore, and conclusions can be drawn only in a very limited degree
as to the actual relationship between the premiums written and the
actual liabilities incurred by the insurers; though as the experience
accumulates, the correlation between payments and premiums will
CONSTITUTIONALITY AND CONSTRUCTION OF STATUTES.
95
naturally become fixed to a degree not possible this early in the his
tory of the business.
It is also too soon to draw inferences from the experience developed
in the two classes of insurance, though in the case of New York
there is a marked relative increase in the operations of the State
fund; while in Michigan there was a marked decrease in the third
year, though a similar decrease appears in the insurance written by
stock companies, suggesting an industrial depression rather than a
choice o f the one type o f insurance as against the other. The table
.follows:
WORKMEN’S COMPENSATION INSURANCE (CASUALTY, SURETY, AND MISCELLANEOUS
COMPANIES AND STATE FUNDS), 1913 TO 1916, BY STATES.
1913
State.
Premiums
written.
1914
Losses
paid.
Premiums
written
1915
Losses
paid.
Premiums
written.
1916
Losses
paid.
Premiums
written.
Losses
paid.
$30,540
1,574,181
i 31,647
590,685
1,686,434
53,914
115,301
121,511
189,945
$177,972
3,655,429
68,5,612
1,552,301
3,968,278
1,364,061
656,792
325,482
807,426
479,463
535,214
4,494,221
2,268,072
1,179,121
285,020
262,910
$96,929
2,267,031
157,458
902,655
2,354,151
644,589
144,362
212,430
382,796
120,651
185,826
2,395,535
1,500,559
657,254
78,267
144,037
CASUALTY
COMPA
NIES, ETC.
Ariz__
Cal.......
Colo___
C on n ...
Ill.........
In d ....
I o w a ...
ICans...
L a ........
Me........
M d.......
M a ss...
M ich ...
M in n ...
M on t...
N e b r...
N e v ....
N. H ..
N. J . . .
N. Y . ..
O h io ...
O k la ...
P a ........
R. I . . .
T e x ___
V t ........
W i s ....
$10,569
106,020
$1,198
$46,631
34,932 4,098,299
1,376,528
4,191,967 1,322,368 4,209,684
77,253
i6,744
2683,667
125,312
39,660
250,547
4, 503,012 1,28% 821 4,278,319
2,270,603
597,064 2,364,129
29,805 1,222,353
481,697
3.577
1,586,301
585,427
236,462
1,227,791
47,631
369
1,286
151
504,864 1,723,578
10,799,342
408,397
104,393
18,434
412,682
756,074
232,825 1,859,264
$14,314
$82,193
938,506 3,607,545
i 390,552
299,433 1,268,985
1,795,969 3,751,883
728,970
668,333
271,325
277,043
55,929
56
654,629
226
724,834
2,049
1,798,346 3,973,301
801,124 2,026,032
470,244 1,152, Ml
145,550
474
243,072
68
287,868
2,183,594
1,054,165
570,582
9,574
78,085
348
162,
1,432
1,400
625,632 1,655,814
740,409 2,162,267
663,881 11,641,583 4,264,835 14,973,808
144,674
218,203
505,338
909,075
14,206
195,379
11,686,190
196,626
445,605
408,942
268,131
342,602 1,236,178
829,492
107; 204
15,537
159,662
818,861 1,740,218
986,166 1,932,249
2,866
1,092,9*8
7,349,502
398,273
2,127,100
246,455
657,175
85,658
1,198,790
STATE FUNDS.
C a l,....
Colo___
M d .......
Mich 3..
M on t*.
N ev s ..
N. Z . ..
O h io ...
O r e g ...
Pa.......
W a s h ..
W . Va.
W y o...
14 months.
38,235
714,434
548,256
89,675
79,946
18,312
928,152
49,294
46,829
62,523
46,571
207,241
223,105
37,776 1,293,560
689,765
192,205 2,904'797 1,229,419 2,893,530
3,702
570,032
1,604,093 1,083,888 1,579,880 1,115,860 1,145,414
132,454
809,061
636,334
192,877
8,128
86 months.
* Fiscal year ending June 3d.
162,489
4,035
7,504
22,889
927,465
134,371
71,159
75,670
29,059
119,677
312,706
296,014 1,892,561
2,339,814 5,425,513
195,356
1,113,858
1,004,520 1,564,241
479,342 1,534,325
*241,862
327,884
28,536
26,032
29,591
7,210
165,982
762,436
3,494,817
194,827
1,291,801
666,185
65,307
<18 months ending Sept. 30,1916.
W O R K M E N ’S C O M P E N S A T IO N L A W S O F F O R E IG N
C O U N T R IE S .
Not only has the compensation idea spread rapidly in the United
States, but in the provinces to the north and the countries to the
south the principle has received added recognition. In addition to
the laws analyzed in Bulletin No. 203, pages 306-350, the Republic
of Chile has enacted a law for the first time, while Alberta, Manitoba,
and New South Wales have enacted new laws. Austria also made
important changes in its law. New Brunswick changed its liability
law to a compensation law by an amendment of 1916, which estab
lished the principle of automatic compensation in lieu of that of
suits for damages, and in 1918 enacted an entirely new compensation
law. Analyses of these laws are given, and the correction of certain
errors which appeared in Bulletin 203, and the results of amend
ments, so far as known, are also noted.
ALBERTA.
D ate o f enactment.— April 13, 1918; in effect as to mines, coke ovens, etc.,
August 1, 1918; as to other industries covered, January 1, 1919. Supersedes act
of March 8, 1908.
Injuries compensated .— Injuries due to industrial disease or to accident aris
ing out of and in course of employment, causing death or disability for more
than three days, except injuries due to the serious and willful misconduct of
the workman, unless resulting in death or serious disablement.
Industries covered. — Transportation by land or water (certain railways ex
cepted), factories, mills, mines, quarries, engineering work, building, telegraph
and telephone systems, public utilities, power laundries, etc., also occupations
incidental to the enumerated industries.
Persons compensated.— Employees in the industries covered except out
workers, clerks not exposed to the hazards of the industry, and persons whose
employment is casual and not for the purpose of the trade or business.
Government employees. — Included if in industries covered.
Burden of payment. — All on employer. Compensation fo r death:
{a ) Necessary burial expenses, not exceeding $75.
(&) To widow or invalid widower, $20 per month, and $5 additional for
each child under 1 6 ; if children only, $10 each per month, no total
to exceed $40.
(c) To other dependents a reasonable sum, proportional to the pecuniary
loss, not over $20 per month to a parent or parents, and not over
$30 in all.
(d ) I f no dependents, reasonable expenses of care, nursing, etc. Payments
are terminated by death or when a child reaches the age of 16, unless
an invalid. Widows remarrying receive two years’ benefits in lieu
of further compensation. Payments to other dependents continue
only so long as support might reasonably have been expected had
the injured person lived. No total may exceed $2,500.
Compensation fo r disability:
(a ) Special medical or surgical aid where in the opinion of the board
it would conserve the accident fund.
(&) For total disability, $10 per week, during its term, or if there is a
child or children, $12 per week, not to exceed $2,500 in any case.
Minors without dependents receive $7.50 per week for temporary
disability.
96
w o r k m e n ’ s c o m p e n s a t io n l a w s of f o r e ig n
c o u n t r ie s .
97
(c) For partial disability causing at least 10 per cent reduction of earning
capacity, benefits equal to 55 per cent of the weekly wage loss;
schedule for designated maimings. Any periodical payment may be
commuted to a lump sum.
Revision o f compensation.— Payments to a workman may be reviewed at his
request or on the motion of the board. Payments to dependents may be read
justed on the termination of payments to any one of them.
Insurance. — All employers under the act are liable to contribute to a fund
managed by a compensation board, from which benefits are to be paid.
Security o f payments.— The fund is under State management, and in case of
a deficit money may be advanced out of the consolidated revenue fund of the
Province. Payments may not be assigned or attached.
Settlem ent o f disputes.— All matters arising under the act are to be disposed
of exclusively and finally by the Workmen’s Compensation Board.
A U S T R IA .
B ate o f enactment.— December 28, 1887; in effect November 1, 1889. Amend
atory and supplementary acts, March 30, 1888, April 4 and July 28, 1889, Jan
uary 17, 1890, December 30, 1891, September 17, 1892, July 20, 1894, July 12,
1902, August 9, 1908, February 8, 1909, April 29, 1912, February 11, 1913, and
August 21, 1917.
In juries compensated.— All injuries causing death, or disability for more than
three days, received in the course of employment, including going to and return
ing from work, unless caused intentionally.
Industries covered. — Mining, quarrying, stonecutting, manufacturing, building
trades, transportation, storage, theaters, chimney sweeping, street cleaning,
dredging, well digging, e tc .; agricultural and forestry establishments using ma
chinery ; operating motor vehicles; fishing on the high sea s; also domestic and
other services performed by insured employees, at employer’s instance.
Persons compensated.— All workmen and technical officials regularly employed,
but in agriculture and forestry only employees exposed to machinery.
Government employees. — Act applies to Government, employees unless an equal
or more favorable compensation is provided by other laws.
Burden of payment. — Medical and surgical treatment for 20 weeks and com
pensation for 4 weeks of disability paid by sick funds, to which employers con
tribute one-third and employees two-thirds. Compensation for disability after
fourth week, and for death, paid by associations supported by employers.
Compensation fo r death:
{a ) Funeral expenses not to exceed 100 crowns ($20.30).
(b ) Pensions, not to exceed two-thirds of earnings of deceased, to—
Widow, 20 per cent until death or remarriage; in the latter case a
lump sum equal to three annual paym ents; to dependent widower,
20 per cent during disability.
Each legitimate or legitimated child, 15 years of age or under, 15 per
cent when one parent survives and 20 per cent when neither survives ;
and the same to each illegitimate child whose paternity is acknowl
edged or legally established; pensions of widow (or widower) and
children reduced proportionately if over two-thirds of wTages.
(c ) When pensions as above do not equal two-thirds of the wages, dependent
ascendants receive pensions, not to exceed 20 per cent of earnings
of deceased. Grandchildren and brothers and sisters substantially
supported may receive benefits in a like amount, until the age of
1 5 ; or if unable to earn, during disability.
(d ) In computing pensions, the excess of the annual earnings over 3,600
crowns ($730.80) is not considered.
Compensation fo r d isability:
(a ) Medical and surgical attendance for 20 weeks, paid by sick benefit fund.
( b ) For total disability, 66§ per cent of average daily wages of insured
workmen in the locality, from first to twenty-eighth d a y ; and 66§per cent of average annual earnings of injured persons, after
twenty-eighth day.
One and one-half benefits after the medical
treatment is ended if there is such helplessness as to require the
services of an attendant.
(c) For partial disability, benefits consist of a portion of above allowance,
not to exceed 66f per cent of average annual earnings.
45615°— Bull. 243— 18-------7
98
w orkm en ’s
COMPENSATION LEGISLATION".
(d ) In computing payments, the excess of annual earnings over 3,600
crowns ($730.80) is not considered.
R evision o f compensation .— Reconsideration of the case may be undertaken
by the insurance association of its own will, or upon petition..
Insurance .— Payments are met by mutual insurance associations of employ
ers for each district in which all employees are required to be insured.
Security o f paym ents .—Operations of insurance associations are conducted
under supervision of minister of interior, who may increase assessments.
Settlem ent o f disputes .— Arbitration courts are composed of an officer ap
pointed by the minister of justice, two experts by the minister of interior, and
one representative each of the employers and the employees.
B U L G A R IA .
The note in Bulletin No. 203, relating to the law of Bulgaria, should give the
date of enactment as March 7, 1909, as it appears in Bulletin No. 126, instead
of 1900.
C H IL E .
D ate of enactment .— December 22, 1916; in effect July 1, 1917.
Injuries compensated .^-Accidents arising out of or directly caused by the
work of the establishment, causing death or injury, excepting those due to
force majeure, without any connection with the work being executed, or those
intentionally brought about by the employee, or through fault or culpability
of the injured person or of a third party.
Industries covered .— Those having a permanent character and employing more
than 10 persons, including salt works, salt mining, quarries, mines and metal
lurgical establishments; loading and unloading; manufacture and handling of
explosive, inflammable, noxious and toxic m aterials; construction, repair and
maintenance of public works, railroads, do*cks, roads, bridges, canals, dikes,
wharves, aqueducts, sewers, e tc .; maritime and land transportation; and in
general all enterprises, including agriculture, employing mechanical power.
Persons compensated .— All workmen and employees, including apprentices
and persons receiving no wages, engaged in establishments covered.
Burden o f paym ent .— The entire cost rests upon the employer.
Compensation fo r death:
( a ) Funeral expenses not exceeding 100 pesos ($36.50).
(b ) To a widow, or a widower incapacitated for labor, a life annuity
equal to 20 per cent of the annual earnings of the deceased.
(c) To legitimate and natural children under 16 years of age, an annuity,
equally divided, equal to 80 per cent, but if there be no widow
having a right to an annuity, 50 per cent of annual earnings.
( d ) To acknowledged illegitimate children under 16 years of age in receipt
of financial assistance from the deceased at the time of his death,
a sum equal to the accustomed allowance, not exceeding 20 per cent
of annual salary discounted pro rata from each of the other
beneficiaries, so as not to exceed the 50 per cent payable to all
beneficiaries.
Compensation fo r disability:
(a ) Medical, pharmaceutical, and hospital aid.
(b ) For permanent total. disability a life annuity equal to one-half of
annual earnings.
*
(c) For permanent partial disability a compensation not exceeding twice
the annual earnings.
(d ) For temporary disability a compensation of 50 per cent of daily
wages 'during disability.
Minimum and maximum annual earnings as a basis for calculating
compensation are 1,600 pesos ($584), and 2,400 pesos ($876), re
spectively.
Revision o f compensation .— No provision is made in the law.
Insurance .— The employer may transfer burden of payment to a recognized
mutual association or a Chilean insurance company.
Security o f paym ents .— In case the employer ceases the operation of his estab
lishment he must deposit in the savings fund organized by the mortgage bank
a capital sum equal to all deferred payments, as determined by the official
mortality tables and other prescribed conditions.
w o r k m e n ’ s c o m p e n s a t io n l a w s op f o r e ig n
c o u n t r ie s .
99
G R E A T B R IT A IN .
An amendment to the British compensation act, known as the workmen’s
compensation (war addition) act, 1917, increases by one-fourth the payments
normally due for eases of total incapacity. The act came into effect September
1, 1917, the increase being applicable to all such cases whether the incapacity
arose before or after the commencement of the act. The act is to continue in
force during the continuance of the present war, and for six months thereafter.
IT A L Y .
Paragraph in Bulletin No. 203, headed “ Date o f enactment,” should read:
March 17, 1898; in effect September 30, 1898. Amended June 29, 1903.
Promulgated In codified form January 31, 1904. Supplementary acts, July,
1904, and July 14, 1907.
M A N IT O B A .
D ate o f enactment.— March 10, 1916; in effect March 1, 1917; amended March
9, 1917.
Supersedes act of March 16, 1910.
Inju ries compensated.— Injuries arising out of and in course of employment,
causing death, or disability for more than six days, and not due solely to the
serious and willful misconduct of the employee, unless resulting in death or
serious disablement. Industrial diseases are included.
Industries covered. — Schedule covers manufacturing, lumbering, mining, quar
rying, transportation, construction work, warehousing, operation of public
utilities, fishing, etc. Domestic and agricultural service are excluded.
Persons compensated.— Operators of freight and passenger elevators in all
industries; all employees in the industries covered, including apprentices, but
excepting outworkers and those engaged in clerical work and not exposed to
the hazards of the industry. Persons whose employment is casual and not for
the purposes of the employer’s trade or business are excluded.
Government employees.— Included if the employment is such that if in pri
vate employment the law would apply.
Burden of'paym ent. — A ll on the employer.
Compensation fo r death:
(a ) Reasonable expenses of burial, not exceeding $75.
(b ) To a widow or invalid widower alone, $20 per month; for each child
under 16 years of age, $5 additional, not over $40 per month in all.
To orphan children, $10 per month to each child under 16, the total
not to exceed $40.
To other dependents, if there are none of the above, an amount pro
portionate to the pecuniary loss, not more than $20 per month to
a parent or parents, not over $30 in all, for such time as support
might reasonably have been expected if decedent had lived.
Payments to children cease at 16, and to a widow on remarriage, but
she then receives a lump sum equal to two years’ payments.
Payments may not exceed 55 per cent of the average earnings of the
deceased, pro rata reductions being made if necessary.
Compensation for disability:
(a ) Necessary medical care and maintenance, not over $100.
(b ) For total disability, 55 per cent of the average weekly earnings during
its continuance, payments not to be less than $6 weekly unless the
earnings are less, when the benefits shall equal the earnings.
(c) For partial disability, 55 per cent of the wage loss during the con
tinuance of such disability; if the impairment does not exceed 10
per cent, a lump-sum settlement may be made.
W ages in excess of $2,000 per annum shall not be considered in com
puting payments. Payments may be commuted to a lump sum, but
only with the consent of the beneficiary.
R evision o f benefits.— Payments may be reviewed from time to time at the
request of either employer or workman, and varied or terminated according
to the findings.
Insurance. — Insurance must be taken in an approved company; the form of
policy must be satisfactory to the board, but approved employers may carry
their own insurance.
100
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c o m p e n s a t io n
l e g is l a t io n
.
Security of payments.— Insurance companies and self-insuring employers
must contribute to a fund to be available for immediate payments on account
o f compensation due. Payments o f not over $500 are entitled to priority over
other debts in assignments, etc. Security for future payments must be given
in cases o f permanent disability or death. Payments are not subject to assign
ment or attachment.
Settlement of disputes.— Disputes are settled by a workmen’s compensation
board, which has exclusive and final jurisdiction in all matters.
NEW BRUNSWICK.
Date of enactment.— April — , 1918; in effect on a day to be named by the
Lieutenant Governor.
Injuries compensated.— Personal injury due to accident or industrial dis
ease (as classified by the regulations), arising out o f and in course o f em
ployment, causing death, or disability for more than seven days, unless inten
tionally caused by the workman, or due wholly or principally to his intoxica
tion or serious or w illful misconduct, or to a fortuitous event unconnected with
the industry.
Industries covered.— Mining, quarrying, manufacturing, building, engineer
ing, transportation, public utilities, lumber and fuel yards, passenger and
freight elevators, public amusements, etc. Agriculture and domestic service
and lumbering, logging, stream driving and directly associated operations ex
cluded.
Persons compensated.— Employees in the industries covered, except clerks and
salesmen, persons whose employment is casual and not for the purposes o f the
industry, outworkers, policemen and firemen, and members o f the employer’s
family.
Government employees.— Included in so far as engaged in the industries cov
ered.
Burden of payment.— All on the employer.
Compensation for death:
(a) Burial expenses not to exceed $75.
(&) To a widow or invalid widower, $20 per month, and $5 additional for
each child under 16 years o f age, not to exceed 55 p e r ‘ cent o f the
employer’s wages, nor $3,500 in all.
(c ) To other dependents, amounts proportionate to the assistance fu r
nished. On the remarriage o f a widow, payments o f two years’
benefits terminate the compensation. Payments to children cease at
16, and to other dependents on the expiration o f the period during
which payments from the employee might reasonably have been ex
pected had he lived.
Compensation for disability:
(a) Special surgical or medical treatment where in the opinion o f the
board it will conserve the accident fund. The board may estab
lish regulations requiring first aid to be supplied.
(&) For total disability, 55 per cent o f the employee’s wages, not less than
$6 per week nor more than $125 per month, during the continuance of
such disability, but not to exceed $3,500.
(c ) For temporary partial disability, 55 per cent o f the wage loss, if more
than 10 per cent reduction, wages in excess o f $125 per month not to
be considered.
(d) For permanent partial disability, awards proportionate to the reduced
earning capacity and degree o f disfigurement, not over $1,500 in all.
Any periodical payment under the act may be commuted to a lump
sum.
Revision of co7iipensation.— The board may review claims and awards at any
time.
Insurance.— All employers are required to insure in a Provincial accident
fund.
Security of payments.— Accident fund managed by Provincial board. Collec
tion o f premiums may be enforced.
Settlement of disputes.— Disputes are settled by a workmen’s compensation
board, with appeal to the supreme court on questions o f law.
w o r k m e n ’s
CO M PENSATIO N LAW S OF FOREIGN COUNTRIES.
101
NEWFOUNDLAND.
An amendment o f March 11, 1914, adds logging to the list o f industries
covered.
NEW SOUTH WALES.
Date of enactment.— December IB, 1916; in effect July 1, 1917, replacing act
o f August 19, 1910.
Injuries compensated.— Personal injuries by accident arising out o f and in
course o f employment (including industrial diseases) causing death, or dis
ability for at least tw o weeks, except when due to serious or w illful miscon
duct on the part o f the workman.
Industries covered.— Any employment.
Persons compensated.— All persons employed under contract wTith an em
ployer, including apprentices, except casual labor, employed otherwise than for
the purpose o f the employer’s trade or business, outworkers, and persons re
ceiving more than £312 ($1,518) per year.
Government employees.— The law applies to workmen in any employment by
or under the Crown to which it would apply if the employer were a private
person.
Burden of payment.— Entire cost o f compensation rests upon the employer.
Compensation for death:
(a) For total Or partial disability, a sum equal to three years’ earnings,
but not less than £300 ($1,460) nor more than £500 ($2,433) to
those entirely dependent upon the earnings o f the deceased. W eekly
payments or lump sums paid under this law are deducted from such
amount.
(b) A sum not exceeding the above amount, as may be agreed upon or
determined as being reasonable and proportionate to the loss or
damage suffered by those partly dependent.
(c ) I f no dependents are left, the expenses o f medical attendance and
burial, but not exceeding £20 ($97).
Compensation for disability:
( a ) A weekly payment not exceeding 50 per cent o f average weekly earn
ings, but no such payment shall exceed £2 ($9.73) with a total lia
bility o f £750 ($3,650).
( b ) In case o f partial incapacity, the weekly payment shall in no case ex
ceed the loss o f earning capacity.
In fixing the weekly payment, consideration must be given to any
financial assistance given by the employer to the injured during
incapacity.
(c ) A lump sum may be substituted for weekly payments after six months,
on applicatio-n o f the em ployer; the amount to be agreed upon or
determined in accordance with provisions o f the act.
Revision of compensation.— W eekly payments may be revised at the request
o f either party.
Insurance.— Employers may contract with their employees for substitution
o f a scheme o f compensation, benefit, or insurance in place o f the provisions
o f the act, if the scheme is officially certified to be not less favorable to the
employees and their dependents than the provisions o f the act, and is accepted
by a m ajority o f the employees. In such case the employer is liable only in
accordance with the scheme.
Security of payments.— When an insured employer becomes insolvent, the
insurer succeeds to the rights, remedies, and liabilities o f the employer, but
to no liability greater than that owed by it to the employer.
Claims accrued prior to bankruptcy are preferred in amounts not exceeding
£200 ($973) per person.
Settlement of disputes.— Disputes under the act may be settled by an ex
isting mutually representative committee, parties, or by the judge o f the district
court.
NEW ZEALAND.
Paragraph headed “ Date o f enactment ’ * should r e a d :
October 10, 1908, in effect January 1, 1909, superseding act o f October 18*
1900. Amended December 24, 1909, October 28, 1911, and December 15, 1913.
1 02
w o r k m e n 's
c o m p e n s a t io n
l e g is l a t io n
.
NOVA SCOTIA.
The compensation law o f Nova Scotia was amended in 1917 (M ay 1 7 < ? ))#
but not in details affecting the analysis as shown in Bulletin No. 203.
ONTARIO.
The compensation law o f Ontario was further amended April 27, 1916, anu
April 12, 1917. The only change affecting the form o f analysis used is tlw
granting o f medical, surgical, and hospital aid for the period o f one montn,
to all employees covered by the act.
QUEBEC.
The compensation law o f Quebec was amended in 1914 (ch. 57), 1915 (ch. 71),
and 1918 (ch. 71). The earlier act authorizes beneficiaries to demand lump-sum
settlements after one month from the award in cases o f permanent disability or
d ea th ; the second forbids the retention o f any part o f an employee’s wages for
purposes o f insurance, while the act o f 1918 extends the benefits o f the law to
persons earning $1,2 0 0 per annum instead of $1,0 0 0 as a m axim um ; it also
allows m aiim um benefits o f $2,500 instead o f the form er limitation o f $2,000.
SWITZERLAND.
Paragraph headed “ Date o f enactment ” should re a d :
June 13, 1911, adopted by referendum February 4, 1912; amended and sup*
plemented June 18, 1915. (N ot yet in effect at that date.)
T o the paragraph “ Industries covered ” a d d :
The Federal Council is authorized to extend the scope o f compulsory insur
ance under the act to designated additional classes o f industries and occupa
tions, including employment on public works.
WESTERN AUSTRALIA.
Paragraph headed “ Date o f enactment ” should re a d :
December 21, 1912; in effect February 14, 1913, superseding an act o f 1902,
amended in 1909.
APPENDIX.
TEXT OF WORKMEN’ S COMPENSATION LAWS, AMENDMENTS,
AND SUPPLEMENTAL AND RELATED ACTS— UNITED
STATES— 1917, 1918.
ALASKA.
ACTS OF 1917.
C h a p t e r 4 4 .—
Death benefits.
S e c t i o n 1. Clause B, section 1 of chapter 71, of the 1915 session
laws o f Alaska [shall] be amended to read as follow s:
B. In those cases where such married employee had children a ^ o ^ n tf of
under the age o f sixteen (16) years at the time o f his death, his children,
widow shall be entitled to receive in addition to the sum above
specified, the sum o f six hundred dollars ($600) for each child
under the age o f sixteen (16) years, or child wholly dependent
upon his or her parents for support by reason o f physical
or mental incompetency, or unborn or posthumous child which
such employee left at the time o f his decease, but not to exceed in
all the sum o f six thousand dollars ($ 6 ,0 0 0 ).
Approved May 3, 1917.
103
CALIFORNIA.
ACTS OF 1917.
C h a p te r
586.— Compensation of workmen fo r injuries,l
S e c t i o n 1. This act - and each and every part thereof is an
expression o f the police power and is also intended to make
directive and apply to a complete system o f workmen’s compen
sation the provisions o f section seventeen and one-half o f article
twenty and section twenty-one o f article twenty o f the constitu
tion o f the State o f California. A complete system o f workmen’s
compensation includes adequate provision for the comfort, health,
safety and general w elfare o f any and all employees and those
dependent upon them for support to the extent o f relieving from
the consequences o f any injury incurred by employees in the
course o f their employment, irrespective o f the fault o f any p a rty ;
also full provision for securing safety in places o f employment,
full provision for such medical, surgical, hospital and other
remedial treatment as is requisite to cure and relieve from the
effects o f such injury, full provision for adequate insurance cover
age against the liability to pay or furnish compensation, full
provision for regulating such insurance coverage in all its aspects
including the establishment and management o f a State compen
sation insurance fund, full provision for otherwise securing the
payment o f compensation, and full provision for vesting power,
authority and jurisdiction in an administrative body with all the
requisite governmental functions to determine any matter arising
under this act to the end that the administration o f this act shall
accomplish substantial justice in all cases expeditiously, inex
pensively and without incumbrance o f any ch a ra cter; all o f which
matters contained in this section are expressly declared to be the
social public policy o f this State, binding upon all departments o f
the State government.
Sec. 2. This act shall be known and may be cited as the “ W ork
men’s compensation, insurance and safety act o f 1917 ” and shall
apply to the subjects mentioned in its title.
Sec. 3. The follow ing terms as used in this act shall, unless a
different meaning is plainly required by the context, be construed
as fo llo w s :
(1) The term “ com m ission” means the industrial accident
commission o f the State o f California as created under the provi
sions of chapter one hundred seventy-six of the laws of 1913.
(2) The term “ com m issioner” means one o f the members o f
the commission.
(3) The term “ com pensation” means compensation under this
act and includes every benefit or payment conferred by sections
six to thirty-one, inclusive, o f this act upon an injured employee,
or in the event of his death, upon his dependents, without regard
to negligence.
(4) The term “ injury,” as used in this act, shall include any
injury or disease arising out o f the employment. In case o f
aggravation o f any disease existing prior to such injury, compen
sation shall be allowed only for such proportion o f the disability
1 This act supersedes and repeals the earlier compensation law of the
State (Ch. 176, acts of 1913, as amended), except as to secs. 1, 3 to 11
(relating to the industrial accident commission), 36 to 50 (relating to
the State insurance fund), 88 (relating to annual reports), and 91
(repealing inconsistent acts).
For these sections see Bulletin No. 203,
pp. 3 7 5 -3 7 8 . 3 9 1 -3 9 5 , 406, and 407.
105
Scope of law.
Title.
Definitions.
106
w o rk m en ’s
CO M PEN SATIO N LEGISLATION.
due to the aggravation o f such prior disease as may reasonably
be attributed to the injury.
(5 ) The term “ dam ages” means the recovery allowed in an
action at law as contrasted with compensation under this act.
( 6 ) The term “ p erson ” includes an individual, firm, voluntary
association, or a public, quasi-public or private corporation.
(7) The term “ insurance ca r rie r ” includes the State compen
sation insurance fund and any private company, corporation,
mutual association, reciprocal or interinsurance exchange au
thorized under the laws o f this State to insure employers against
liability for compensation under this act.
(8 > The phrase “ compensation provisions o f this act ” means
and includes sections six to thirty-one, inclusive, o f this act.
(9 ) The phrase “ safety provisions o f this act ” means and in
cludes sections thirty-three to fifty-four, inclusive, o f this act.
(10) W henever in this act the singular is used, the plural shall
be in cluded; where the masculine gender is used, the feminine
and neuter shall be included.
Assistant atSec. 4. The commission shall have power and authority to aptorney.
point an assistant to its attorney, who shall be an attorney at
law o f this State, and who shall hold office at the pleasure of the
commission. It shall be the right and duty o f such assistant
attorney to perform any o f the duties o f the attorney o f the com
mission under the direction of the commission or its *attorney.
Powers o f
Sec. 5. Said commission is herehy vested with full power, aucommission.
thority and jurisdiction under the provisions o f this act and
charged with the duties defined by the provisions of this act in
addition to all other power, authority, jurisdiction and duties
conferred upon it and exercised by it as heretofore created, con
stituted and existing.
A c t excluSec. 6. (a ) Liability for the compensation provided by this
sive, when.
act, in lieu o f any other liability whatsoever to any person, shall,
w ithout regard to negligence, exist against an employer for any
injury sustained by his employees arising out o f and in the
course o f the employment and fo r the death o f any such employee
i f the injury shall proximately cause death, in those eases where
the follow ing conditions o f compensation con cu r:
(1) Where, at the time o f the injury, both the employer and
employee are subject to the compensation provisions o f this act.
(2) Where, at the time o f the injury, the employee is perform
ing service growing out o f and incidental to his employment and
is acting within the course o f his employment.
(3 ) W here the injury is proximately caused by the employment,
either with or w ithout negligence, and is not caused by the in
toxication o f the injured employee, or is not intentionally selfinflicted.
(4 ) W here the injury is caused by the serious and w ilful mis
conduct o f the injured employee, the compensation otherwise re
coverable by him shall be reduced one-half: Provided, h ow ever,
T h at such misconduct o f the employee shall not be a defense to
the claim o f the dependents o f said employee, i f the injury results
in death, or to the claim o f the employee, if the injury results
in a permanent partial disability equaling or in excess o f seventy
per cent o f tota l: And provided, fu rth er, That such misconduct
o f said employee shall not be a defense where his injury is caused
by the failure o f the employer to comply w ith any provision of
law, or any safety order o f the commission, w ith reference to
the safety o f places o f employment.
(b )
W here such conditions o f compensation exist, the right to
recover such compensation, pursuant to the provisions o f this act,
shall be the exclusive remedy against the employer fo r the injury
or d ea th : Provided, That where the employee is injured by reason
o f the serious and w illful misconduct o f the employer", or his
managing representative, or if the employer be a partnership,
on the part o f one o f the partners, or if a corporation, on the
part o f an executive or managing officer thereof, the amount of
compensation otherwise recoverable for injury or death, as here-
T E X T OF CO M PENSATION LAW S---- CALIFORN IA.
107
inafter provided, shall be increased one-half, any o f the provisions ,
o f this act as to maximum payments or otherwise to the contrary
notwithstanding: Provided, however, That said iiicrease o f award
shall in no event exceed twenty-five hundred dollars.
(c )
In all other cases where the conditions o f compensation do
not concur, the liability o f the employer shall be the same as if
this act had not been passed.
Sec. 7. The term “ employer ” as used in sections six to thirty- Employers,
one, inclusive, o f this act shall be construed to m ^an: The State,
and each county, city and county, city, school district and all
public corporations and quasi-public corporations therein, and
every person, firm, voluntary association, and private corporation,
including any public service corporation, who has any person in
service under any appointment or contract of hire, or apprentice
ship, express or implied, oral or written, and the legal representa
tive o f any deceased employer.
Sec. 8 . (a ) The term “ em ployee” as used in sections six to Employees,
thirty-one, inclusive, o f this act shall be construed to m ean:
Every person in the service o f an employer as defined by section
seven hereof, under any appointment or contract o f hire or ap
prenticeship, express or implied, oral or written, including aliens,
and also including minors, whether lawfully or unlawfully em
ployed, and all elected and appointed paid public officers, and all
officers and members o f boards o f directors of quasi-public or
private corporations, while rendering actual service for such cor
porations for pay, but excluding any person whose employment is
both casual and not in the course o f the trade, business, profession
or occupation o f his employer, and also excluding any employee
engaged in household domestic service, farm, dairy, agricultural,
viticultural or horticultural labor, in stock or poultry raising and
any person holding an appointment as deputy clerk, deputy sheriff
or deputy constable appointed for the convenience o f such ap
pointee, who receives no compensation from the county or mu
nicipal corporation or from the citizens thereof for services as
such deputy: Provided, That such last exclusion shall not deprive
any person so deputized from recourse against any private person
employing him for injury occurring in the course o f and arising
out o f such employment.
(b ) Any person rendering service for another, other than as S p e c i a l
an independent contractor, or as expressly excluded herein, is classes*
presumed to be an employee within the meaning o f this act. The
term “ independent contractor ” shall be taken to mean, for the
purposes o f this a c t : Any person who renders service, other than
manual labor, for a specified recompense for a specified result,
under the control o f his principal as to the result o f his work only
and not as to the means by which such result is accomplished. A
working member o f a partnership receiving wages irrespective o f
profits from such partnership shall be deemed an employee within
the meaning o f this section.
(c ) The term “ ca su a l” as used in this section shall be taken Casual,
to refer only to employments where the work contemplated is
to be completed in not exceeding ten working days, without re
gard to the number o f men employed, and where the total labor
cost o f such work is less than one hundred dollars. The phrase
“ course o f the trade, business, profession or occupation of his ein- C o u r s e of
ployer ” shall be taken to include all services tending toward the trade, etc.
preservation, maintenance or operation o f the business, business
premises or business property of the employer. The words “ trade,
business, profession or occupation o f his employer ” shall be taken
to include any undertaking actually engaged in by him with some
degree o f regularity, the trade name, articles o f incorporation or
principal business o f the employer to the contrary notwithstand
ing.
(d ) Watchmen for nonindustrial establishments, paid by sub- Watchmen, j
scription by several persons, shall not be held to be employees
within the meaning o f this act. In other cases where watchmen,
paid by subscription by several persons, have at the time o f the
108
W O R K M E N ’ S COM PEN SATION LEGISLATION.
injury sustained by them taken out and maintained in full force
and effect insurance upon themselves as self-employing persons
conferring benefits equal to those conferred by this act, the em
ployer shall not be liable under this act.
Civil service,
( e ) ^ shall not be a defense to the State, or any political sube c., iu cs.
division or institution thereof, or public or quasi-public corpora
tion, that a person injured while rendering service for it was not
law fully employed by reason o f the violation o f any civil service
01 * other law, rule, or regulation respecting the hiring o f em
ployees.
P a rtn ersh ip s
( f ) Workmen
associating themselves under a partnership
o woi men.
agreement, the principal purpose o f which is the perform ance of
the labor on a particular piece o f work, sftall be deemed em
ployees o f the person having such work executed, and, in the
event the average weekly earnings are not otherwise ascertain
able, shall be deemed to be employed at an average weekly wage
of twelve d olla rs: Provided, how ever, That if such workmen shall
have taken out and maintained in full force and effect insurance,
in an insurance carrier as defined in this act, insuring to them
selves and all persons employed by them benefits identical with
those conferred by this act, the person for whom such work is
to be done shall not be liable as an employer under this act.
C om p en sag EC, 9 , W here liability for compensation under this act exists,
tl0n*
such compensation shall be furnished or paid by the employer and
be as provided in the follow ing schedule:
Medical, etc.,
( a ) Such medical, surgical and hospital treatment, including
bene ts.
nursing, medicines, medical and surgical supplies, crutches and
apparatus, including artificial members, as may reasonably be
required to cure and relieve from the effects o f the injury, the
same to be provided by the employer, and in case o f his neglect
or refusal seasonably to do so, the employer to be liable for the
reasonable expense incurred by or on behalf o f the employee in
providing the sam e: Provided, That if the employee so requests,
the employer shall tender him one change o f physicians and shall
nominate at least three additional practicing physicians compe
tent to treat the particular case, or as many as may be available
if three can not reasonably be named, from whom the employee
may choose ; the employee shall also be entitled, in any serious case,
upon request, to the services o f a consulting physician to be pro
vided by the em ployer; all. o f said treatment to be at the ex
pense o f the employer. I f the employee so requests, the em
ployer must procure certification by the commission or a com
missioner o f the competency for the particular case o f the con
sulting or additional physicians: Provided, fu rth er, That the
foregoing provisions regarding a change of physicians shall not
apply to those cases where the employer maintains, for his own
employees, a hospital and hospital staff, the adequacy and com
petency o f which have been approved by the commission. Noth
ing contained in this section shall be construed to limit the right
o f the employee to provide, in any case, at his own expense, a
consulting physician or any attending physicians whom he may
desire. Controversies between employer and employee, arising
under this section, shall be determined by the commission, upon
the request o f either party.
Disability.
(b ) I f the injury causes temporary disability,•a disability pay
ment which shall be payable for one week in advance as wages
on the eleventh day after the injured employee leaves work as a
result o f the injury. I f the injury causes permanent disability,
a disability payment which shall be payable for one week in advance
as wages on the eleventh day after the injury. Such indemnity
shall thereafter be payable on the employer’s regular, pay day,
but not less frequently than twice in each calendar month, unless
otherwise ordered by the commission, subject, however, to the
follow ing lim itations:
Waiting
(1 ) I f the period o f disability does not last longer than ten
time.
days from the day the employee leaves work as the result o f the
injury, no disability payment whatever shall be recoverable.
TE X T OF COM PENSATION LAW S— CALIFORNIA.
109
(2 ) I f the period o f disability lasts longer than ten days from
the day the employee leaves work as the result o f the injury, no
disability payment shall be recoverable for the first ten days o f
disability suffered.
2. The disability payment shall be as follow s :
Benefits :
( 1 ) I f the injury causes temporary total disability, sixty-five
T em p orary
per cent o f the average weekly earnings during the period o f disability;
such disability, consideration being given to the ability o f the
injured employee to compete in an open labor m a rk et;
(2) I f the injury causes temporary partial disability, sixtyfive per cent o f the weekly loss in wages during the period o f
such disability;
(3) I f the temporary disability caused by the injury is at times
total and at times partial the weekly disability payment during
the period o f each such total or partial disability shall be in ac
cordance with paragraphs one and two o f this subdivision re
spectively ;
(4 ) Paragraphs one, two, and three o f this subdivision shall
be limited as follow s: Aggregate disability payments for a single
injury causing temporary disability shall not exceed three times
the average annual earnings of the employee, nor shall the aggre
gate disability period for such temporary disability in any event
extend beyond two hundred forty weeks from the date o f the
injury.
(5 ) I f the injury causes permanent disability, the percentage p ^r“ anent
o f disability to total disability shall be determined and the disa 1 1 y#
ability payment computed and allowed as follow s: F or a one
per cent disability sixty-five per cent o f the average weekly earn
ings for a period o f four w eek s; for a ten per cent disability,
sixty-five per cent o f the average weekly earnings for a period
o f forty w eeks; for a twenty per cent disability, sixty-five per
cent o f the average weekly earnings for a period o f eighty w eek s;
for a thirty per cent disability, sixty-five per cent o f the average
weekly earnings for a period o f one hundred twenty w eek s; for
a forty per cent disability, sixty-five per cent o f the average
weekly earnings for a period o f one hundred sixty w eeks; for a .
fifty per cent disability, sixty-five per cent o f the average weekly
earnings for a period o f two hundred w eek s; for a sixty per cent
disability, sixty-five per cent o f the average weekly earnings fo r
a period o f two hundred forty w eek s; for a seventy per cent dis
ability, sixty-five per cent o f the average weekly earnings for a
period o f two hundred forty weeks, and thereafter ten per cent
o f such weekly earnings during the remainder o f l i f e ; for an
eighty per cent disability, sixty-five per cent o f the average
weekly earnings for a period o f two hundred forty weeks and
thereafter twenty per cent o f such weekly earnings during the
remainder o f l i f e ; for a ninety per cent disability, sixty-five per
cent o f the average weekly earnings for a period o f two hundred
forty weeks and thereafter thirty per cent o f such weekly earnings
during the remainder o f l i f e ; for a hundred per cent disability,
sixty-five per cent o f the average weekly earnings for a period
of two hundred forty weeks and thereafter forty per cent o f such
weekly earnings during the remainder o f life.
( 6 ) The payment for permanent disabilities intermediate to
those fixed by the foregoing schedule shall be computed and al
lowed as follow s: I f under seventy per cent, sixty-five per cent
of the average weekly earnings for four weeks for each one per
cent of d isab ility; if seventy per cent or over, sixty-five per cent
of the average weekly earnings for two hundred forty weeks and
thereafter one per cent o f such weekly earnings for each one per
cent o f disability in excess o f sixty per cent to be paid during
the remainder o f life.
(7) In determining the percentages o f permanent disability,
account shall be taken o f the nature o f the physical injury or
disfigurement, the occupation o f the injured employee, and his
age at the time o f such injury, consideration being given to the
110
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.
diminished ability o f such injured employee to compete in an
open labor market.
( 8 ) W here an injury causes both temporary and permanent
disability, the injured employee shall not be entitled to both- a
temporary and permanent disability payment, but only to the
greater o f the two.
(9 ) The follow ing permanent disabilities shall be conclu
sively presumed to be total in character: Loss o f both eyes or
the sight th ereof; loss o f both hands or the use th ereof; an
injury resulting in a practically total paralysis; an injury to
the brain resulting in incurable imbecility or insanity. In all
other cases, permanent total disability shall be determined in
accordance with the fact.
(10) The percentage o f permanent disability caused by any
injury shall be so computed as to cover the permanent disa
bility caused by that particular injury without reference to any
injury previously suffered or any permanent disability caused
thereby.
Schedule t o
(11) The commission may prepare, adopt, and from time to
be prepared,
time amend, a schedule for the determination o f the percentages
o f permanent disabilities, such table to be based upon the proper
combinations o f the factors indicated in subdivision seven above.
Such schedule shall be available for public inspection and without
form al introduction in evidence shall be prima facie evidence
of the percentage o f permanent disability to be attributed to each
injury covered by said schedule.
V e s t e d
8 . The death o f an injured employee shall not affect the
rights.
liability o f the employer under subsections (a ) and (b ) o f this
section, so far as such liability has accrued and become payable
at the date o f the death, and any accrued and unpaid compen
sation shall be paid to the dependents, if any, or, if there are
no dependents, to the personal representative o f the deceased
employee or heirs or other persons entitled thereto, without ad
ministration, but such death shall be deemed to be the termination
o f the disability.
Death bene-# (c ) I f the injury causes death, either with or w ithout disfits*
ability, the burial expense o f the deceased employee as herein
after limited and a death benefit which shall be payable in
installments equal to sixty-five per cent o f the average weekly
earnings o f the deceased employee, upon the employer’s regular
pay day, but not less frequently than twice in each calendar
month, unless otherwise ordered by the commission, which death
benefit shall be as fo llo w s :
Dependents.
(1) In case the deceased employee leaves a person or persons
wTholly dependent upon him for support, such dependents shall
be allowed the reasonable expense o f his burial, not exceeding
one hundred dollars, and a death benefit, which shall be a
sum sufficient, when added to the disability indemnity which
at the time o f death has accrued and become payable, under
the provisions o f subsection (b ) hereof, and the said burial
expense, to make the total disability indemnity, cost o f burial and
death'benefit equal to three times his average annual earnings,
M a x i m u m such average annual earnings to be taken at not less than three
earni’i^snimUm hlindred thirty-three dollars and thirty-three cents nor more than
et
A& ‘
one thousand six hundred sixty-six dollars and sixty-six cents.
r a r t ia l de( 2 ) In case the deceased employee leaves no person wholly
pendents.
dependent upon him for support, but one or more persons
partially dependent therefor, the said dependents shall be allowed
the reasonable expense of his burial, not to exceed one
mired
dollars, and, in addition thereto, a death benefit which shall
amount to three times the annual amount devoted by the de
ceased to the support o f the person or persons so partially de
pendent : Provided, That the death benefit shall not be greater
than a sum sufficient, when added to the disability indemnity
which, at the time o f the death, has accrued and become payable
under the provisions o f subsection (b ) hereof, together with
th£ cost o f the burial o f such deceased employee, to make the
TEXT OF COM PENSATION LAW S— -CALIFORNIA.
Ill
total disability indemnity, cost o f burial and death benefit equal
to three times his average annual earnings, such average annual
earnings to be taken at not less than three hundred thirty-three
dollars and thirty-three cents nor more than one thousand six
hundred sixty-six dollars and sixty-six cents.
(S)
I f the deceased employee leaves no person dependent upon
No dependhim for support, the death benefit shall consist o f the reasonable en •
expense o f his burial not exceeding one hundred dollars.
(d )
Payment o f compensation in accordance with the order
and direction o f the commission shall discharge the employer
from all claims therefor.
Sec. 10. The commission shall have power to inspect and d e -. ? ospit? il to
termine the adequacy o f hospitals and hospital facilities supplied e spec *
by employers or by mutual associations o f employees, with or
w ithout the concurrence o f the employer, for the treatment o f
injuries coming within the provisions o f this act. No part o f
any contribution paid by employees or deducted from their wages
for the maintenance o f such hospital facilities shall be devoted
to the payment o f any portion o f the cost o f providing compen
sation prescribed by this act. Nothing contained in this section
shall be taken to prevent any hospital association or medical de
partment furnishing the treatment prescribed in this act free o f
charge to employees. Every such hospital shall make to the com
mission from time to time, upon demand, but not less frequently
than once a year, reports o f receipts, disbursements and services
rendered to or for employees. I f in the judgment o f the commis
sion the services or equipment o f any hospital are inadequate to
meet the reasonable requirements o f medical treatment con
templated in section nine (a ) of this act, the commission may,
after notice and an opportunity to be heard, declare such facilities
to be inadequate and thereafter injured employees o f such em
ployer may procure treatment elsewhere, and the reasonable cost
thereof shall be a charge against such employer under said
section nine (a ). Any finding o f the commission, after such
notice, determining the fact of such inadequacy, shall be con
clusive evidence in any proceeding for compensation o f the fact
o f such inadequacy during the period covered by such finding.
Such finding o f inadequacy may be amended, modified or rescinded
by the commission at any time upon good cause appearing therefor.
Sec. 11. (a ) Unless compensation is paid or an agreement for
its payment made within the time limited in this section for the Limitation*
institution o f proceedings for its collection, the right to institute
such proceedings shall be barred: Provided, That the filing o f
an application with the commission for any portion o f the benefits
prescribed by this act shall render this section inoperative as to
all further claims o f any person or persons for compensation
arising from the same transaction, and the right to present such
further claims shall be governed by the provisions o f section
twenty (d ) and section sixty-five (b ) o f this act.
(b )
The periods within which proceedings for the collection
o f compensation may be commenced are as fo llo w s :
( 1 ) Proceedings for the collection o f the benefit provided by
subsection (a ) o f section nine or for the collection o f the dis
ability payment provided by subsection (b ) of said section nine
must be commenced within six months from the date o f the in
jury, except as otherwise provided in this act.
(2) Proceedings for the collection o f the death benefit pro
vided by subsection (c ) o f said section nine must be commenced
within one year from the date o f death, and in any event within
tw o hundred forty weeks from the date o f the injury, and can
only be maintained when it appears that death ensued within
one year from the date o f the injury, or that the injury causing
death also caused disability which continued to the date o f the
death and for which a disability payment was made, or an
agreement for its payment made, or proceedings for its col
lection commenced within the time limited for the commencement o f proceedings for the recovery o f the disability payment.
112
w o r k m e n ’s
c o m p e n s a t io n
l e g is l a t io n
.
(c ) The payment o f compensation, or any part thereof, or
agreement therefor, shall have the effect o f extending the period
within which proceedings fo r its collection may be commenced,
six months from the date o f the agreement or last payment of
such compensation, or any part thereof, or the expiration o f
the period covered by any such paym ent: Provided, how ever,
That nothing contained in this section shall be construed to bar
the right o f any injured employee to institute proceedings for
the collection o f compensation within two hundred forty-five weeks
after the date o f the injury upon the grounds that the orig
inal injury has caused new and further disability; and the
jurisdiction o f the commission, in such cases, shall be a con
tinuing jurisdiction at all times within such p e r io d : Provided,
■further, That the provisions o f this section shall not apply to an
employee who is totally disabled and bedridden as a result o f . his
injury, during the continuance o f such condition or until the
expiration o f six months thereafter.
Minor a n d
(d ) I f an injured employee, or in the case o f his death, one
in c o m p e t e nt
or more o f his dependents, shall be under twenty-one years o f
beneficiaries.
age or incompetent at any time when any right or privilege accrues
to such person under the provisions o f this act, a general guar
dian, appointed by the court, or a guardian ad litem or trustee
appointed by the commission or a commissioner may, on behalf of
any such person, claim and exercise any such right or privilege
with the same force and effect as if no such disability existed;
and no lim itation o f time provided by this act shall run against
any such person under twenty-one years o f age or incompetent
unless and until such guardian or trustee is appointed. The
commission shall have power to determine the fact o f the minor
ity or incompetency o f any injured employee and may appoint a
trustee to receive and disburse compensation payments for the
benefit o f such minor or incompetent and his fam ily.
Refusing
(e ) No compensation shall be payable in case o f the death or
medical treat
disability o f an employee if his death is caused, or if and so far
ment.
as his disability is caused, continued, or aggravated, by an un
reasonable refusal to submit to medical treatment, or to any
surgical treatment, the risk o f which is, in the opinion o f the
commission, based upon expert medical or surgical advice, in
considerable in view o f the seriousness o f the injury.
Second i n
( f ) The fact that an employee has suffered a previous dis
juries.
ability, or receives compensation therefor, shall not preclude him
from compensation for a later injury, or his dependents from
compensation for death resulting therefrom, but in determining
compensation for the later injury, or death resulting therefrom,
his average annual earnings shall be fixed at such sum as w^ill
reasonably represent his annual earning capacity at the time of
the later injury.
Voluntary
(g ) Any payment, allowance or benefit received by the injured
payments.
employee during the period o f his incapacity, or by his depend
ents in the event o f his death, which by the terms o f this act
was not then due and payable or when there is any dispute or
question concerning the right to compensation, shall not, in the
absence o f any agreement, be construed to be an admission o f
liability for compensation on the part o f the employer, or the ac
ceptance thereof as a waiver of any right or claim which the em
ployee or his dependents may have against the employer, but any
such payment, allowance or benefit may be taken into account by
the commission in fixing the amount o f the compensation to be paid.
L im ita tio n s
(h ) The running o f the period o f lim itations prescribed by this
*n affirmative
section is an affirmative defense and operates to bar the remedy
defense.
and not to extinguish the right o f the employee. It may be
waived, and failure to present such defense prior to the submis
sion o f the cause fo r decision shall be a sufficient waiver.
C o mp u t i n g
Sec. 12. ( a ) The average annual earnings referred to in section
earnings.
nine hereof shall be fifty-two times the average weekly earnings
referred to in said section ; in computing such earnings the aver
TEXT OE COM PENSATION LAW S— CALIFORNIA.
113
age weekly earnings shall be taken at not less than six dollars and
forty-one cents nor more than thirty-two dollars and five cents, and
three times the average annual earnings shall be taken at not less
than one thousand dollars nor more than five thousand dollars, and
between said limits said average weekly earnings shall be arrived
at as fo llo w s :
(1) I f the injured employee has worked in the same employ
ment, whether for the same employer or not, during at least
two hundred sixty days o f the year preceding his injury, his
average weekly ekrnings shall consist o f ninety-five per cent o f
six times the daily earnings at the time o f such injury where
the employment is for six full working days a week. W here his
employment is for five, five and one-half, six and one-half or
seven working days a week, the average weekly earnings shall be
ninety-five per cent o f five, five and one-half, six and one-half,
or seven times the daily earnings at the time o f the injury, as
the case may be.
(2 ) I f the injured employee'has not so worked in such employ
ment during at least two hundred sixty days o f such preceding
year, his average weekly earnings shall be based upon the daily
earnings, wage or salary of an employee of the same class w ork
ing at least two hundred sixty days o f such preceding year in
the same or a similar kind o f employment in the same or a
neighboring place, computed in accordance with the provisions
o f the preceding subdivision.
(3 ) I f the earnings be irregular or specified to be by the week,
month, or other period, then the average weekly earnings men
tioned in subdivisions ( 1 ) and ( 2 ) above shall be ninety-five per'
cent o f the average earnings during such period o f time, not
exceeding one year, as may conveniently be taken to determine an
average weekly rate o f pay.
(4) Where the employment is for less than five days per week
or is seasonal or where for any reason the foregoing methods o f
arriving at the average weekly earnings o f the injured employee
can not reasonably and fairly be applied, such average weekly
earnings shall be taken at ninety-five per cent o f such sum as
shall reasonably represent the average weekly earning capacity
o f the injured employee at the time o f his injury, due considera
tion being given to his actual earnings from all sources and
employments during the year preceding his in ju ry : Provided,
That the earnings from other occupations shall not be allowed in
excess o f the rate of wages paid at the time o f the injury.
(b ) In determining such average weekly earnings, there shall
be included overtime and the market value o f board, lodging, fuel,
and other advantages received by the injured employee, as part
o f his remuneration, which can be estimated in money, but such
average weekly earnings shall not include any sum which the
employer may pay to the injured employee to cover any special
expenses entailed on him by the nature o f his employment.
(c ) I f the injured employee is under twenty-one years of age,
and his incapacity is permanent, his average weekly earnings
shall be deemed, within the limits fixed, to be the weekly sum
that under ordinary circumstances he would probably be able to
earn after attaining the age of twenty-one years, in the occupation
in which he was employed at the time o f the injury or in any
occupation to which he would reasonably have been promoted if
he had not been injured, and if such probable earnings after
attaining the age o f twenty-one years can not reasonably be de
termined, such average weekly earnings shall be based upon three
dollars a day for a six-day week.
Wage loss.
S e c . 13. The weekly loss in wages in case o f temporary partial
disability shall consist o f the difference between the average
weekly earnings o f the injured employee, computed according to
the provisions o f section nine, and the weekly amount which the
injured employee will probably be able to earn during the dis
ability, to be determined in view o f the nature and extent o f the
injury. In computing such probable earnings due regard shall
45615°— Bull. 243— 18------ 8
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D ep en den ts.
P a ym en ts to
d ep end ents.
N otice o f in
ju r y .
w o r k m e n ’s
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l e g is l a t io n
.
be given to the ability o f the injured employee to compete in an
open labor market. I f evidence o f exact loss o f earnings be lack
ing, such weekly loss in wages may be computed from the pro
portionate loss o f physical ability or earning power caused by the
injury.
Sec. 14. (a ) The follow ing shall be conclusively presumed to be
wholly dependent for support upon a deceased em ployee:
(1 ) A w ife upon a husband with whom she was living at the
time o f his death, or for wdiose support such husband was legally
liable at the time o f his death.
(2) A child or children under the age of eighteen years, or
over said age, but physically or mentally incapacitated from
earning, upon the parent with whom he or they are living at
the time o f the death o f such parent or for whose maintenance
such parent was legally liable at the time o f death, there being
no surviving dependent parent.
(b ) In all other cases, questions of entire or partial depend
ency and questions as to who constitute dependents and the
extent o f their dependency shall be determined in accordance
with the fact, as the fact may be at the time o f the injury of
the employee.
(c ) No person shall be considered a dependent o f any deceased
employee unless in good faith a member o f the fam ily or house
hold o f such employee, or unless such person bears to such
employee the relation o f husband or w ife, child, posthumous child,
adopted child or stepchild, father or mother, father-in-law or
mother-in-law, grandfather or grandmother, brother or sister,
uncle or aunt, brother-in-law or sister-in-law, nephew or niece.
(d ) 1. I f there is one or more persons w holly dependent
for support upon a deceased employee, such person or persons
shall receive the entire death benefit, and any person or persons
partially dependent shall receive no part thereof.
2. I f there is more than one such person wholly dependent
for support upon a deceased employee, the death benefit shall
be divided equally among them.
3. I f there is more than one person partially dependent for
support upon a deceased employee, and no person wholly de
pendent for support, the amount allowed as a death benefit shall
be divided among the persons so partially dependent in proportion
to the relative extent o f their dependency.
(e) The commission may, anything in this act contained to
the contrary notwithstanding, set apart or reassign the death
benefit to any one or more o f the dependents in accordance
with their respective needs and as may be just and equitable,
and may order payment to a dependent subsequent in right,
or not otherwise entitled, upon good cause being shown there
for. Such death benefit shall be paid to such one or more o f
the dependents o f the deceased or to a trustee appointed by
the commission or a commissioner for the benefit o f the person
or persons entitled, as may be determined by the commission.
The person to whom the death benefit is paid for the use o f the
several beneficiaries shall apply the same in compliance with
the findings and directions o f the commission. In the event o f
the death o f a dependent beneficiary o f any deceased employee,
if there be no surviving dependent, the death o f such dependent
shall terminate the death benefit, which shall not survive to
the estate o f such deceased dependent, except that payments o f
such death benefit accrued and payable at the time o f the death
o f such sole remaining dependent shall be paid upon the order o f
the commission to the heirs o f such dependent or, if none, to the
heirs o f the deceased employee, without administration.
Sec. 15. No claim to recover compensation under this act
shall be maintained unless within thirty days after the occur
rence o f the injury which is claimed to have caused the dis
ability or death, notice in writing, stating the name and the
address o f the person injured, the time and the place where the
injury occurred, and the nature o f the injury, and signed by
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the person, injured or some one in his behalf, or in case o f his
death, by a dependent or some one in his behalf, shall be served
upon the em ployer: Providedr how ever, That knowledge o f such
injury, obtained from any source, on the part o f such employer,
his managing agent, superintendent, foreman, or other person
in authority, or knowledge o f the assertion o f a claim o f injury
sufficient to afford opportunity to the employer to make an in
vestigation into the facts* shall be equivalent to such service:
Arid pr'ovided, fu rth er, That the failure to give any such notice,
or any defect or inaccuracy therein, shall not be a bar to recovery
under this act if it is found as a fact in the proceedings for the
collection o f the claim that there was no intention to mislead or
prejudice the employer in making his defense, and that he was
not in fact so misled or prejudiced thereby.
S e c . 16. (a ) Whenever the right to compensation under this
Medical ex
act would exist in favor of anj employee, he shall, upon the w r it -aminations*
ten request o f his employer, submit from time to time, as may
be reasonable, to examination by a practicing physician, who shall
be provided and paid for by the employer, and shall likewise sub
mit to examination from time to time by any physician selected
by the commission or any member or referee thereof.
(b ) The request or order for such examination shall fix a
time and place therefor, due consideration being given to the
convenience o f the employee and his physical condition and
ability to attend at the time and place fixed. The employee
shall be entitled to have a physiciar provided and paid for by
him self present at any examination required by his employer.
So long as the employee, after such written request o f the
employer, shall fail or refuse to submit to such examination
or shall in any way obstruct the same, his right to begin or
maintain any proceeding for the collection o f compensation shall
be suspended; and if he shall fail or refuse to submit to exam i
nation after direction by the commission, or any member or
referee thereof, or shall in any way obstruct the same, his right
to the disability payments which shall accrue during the period
o f such failure, refusal or obstruction, shall be barred. Any
physician who shall make or be present at any such examination
may be required to report or testify as to the results thereof.
S e c . 17. (a ) Upon the filing with the commission by any party commfssioHuS- °
in interest of an application in w: ting stating the general nature
o f any dispute or controversy c o i k v uing compensation, or concern
ing any right or liability arising out of, or incidental thereto,
jurisdiction over which is vested by this act in the commission, a
time and place shall be fixed for the hearing thereof, which hear
ing, unless otherwise agreed to by all the parties thereto, must be
held not less than ten days nor more than thirty days after the
filing o f such application. The person filing such application shall
be know’n as the applicant artid the adverse party shall be known
as the defendant. A copy o f said application, together with a
notice o f the time and place o f hearing thereof, shall forthwith be
served upon all adverse parties and may be served either as a
summons in a civil action or in the same manner as any other
notice that is authorized or required to be served under the provi
sions of this act. A notice of the time and place of hearing shall
also be served upon the applicant.
(b ) The jurisdiction o f the commission shall include any con
troversy relating to or arising out o f the provisions o f subsection
(a ) of section nine o f this act, unless an express agreement shall
have been made between the persons or institutions rendering such
treatment and the employer or insurance carrier fixing the amount
to be paid for the services.
(c ) There shall be but one cause o f action for each transaction
coming within the provisions o f this act, and all claim s brought
fo r medical expense, disability payments, death benefits, burial
expense, liens or any other matter arising out o f such transaction
may, in the discretion o f the commission, be joined in the same
proceeding at any time.
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(cl) The death o f an employer subsequent to the sustaining o f
an injury by an employee shall not impair the right o f such em
ployee to proceed before the commission against the estate o f such
employer, and the failure o f such employee or his dependents to
cause the claim to be presented to the executor or administrator
o f the estate shall not in any way bar or suspend such right.
Defendant’s
Sec. 18. (a ) I f any defendant desires to disclaim any interest
answer.
in the subject-matter of the claim in controversy, or considers that
the application is in any respect inaccurate or incomplete, or de
sires to bring any fact, paper or document to the attention of the
commission as a defense to the claim, or otherwise, he may, within
five days after the service o f the application upon him, file with
or mail to the commission his answer setting forth the particulars
in which the application is inaccurate or incomplete, and the facts
upon which he intends to rely. A copy o f such answer must be
forthwith served upon all adverse parties. Evidence upon matters
not pleaded by answer shall be allowed only upon such terms and
conditions as may be imposed by the commission or commissioner
or referee holding the hearing.
Procedure.
(b ) I f the defendant fails to appear or answer, no default shall
be taken against him, but the commission shall proceed to the
hearing o f the matter upon such terms and conditions as it may
deem proper. Such defendant failing to appear or answer, or sub
sequently contending that no service was made upon him, or
claiming to be aggrieved in any other manner by want o f notice
o f the pendency o f the proceedings, may apply to the commission
for relief substantially in accordance with the provisions of sec
tion four hundred seventy-three o f the Code o f Civil Procedure,
and the commission is hereby authorized to afford such relief. No
right to relief, including the claim that the findings and award o f
the commission or judgment entered thereon are void upon their
face, shall accrue to such defendant in any court unless prior ap
plication shall have been made to the commission in accordance
with this subsection, and in no event shall any application to any
court be allowed except as prescribed in sections sixty-seven and
sixty-eight o f this act.
(c ) I f upon the filing o f an application, such application show’s
upon its face that the applicant is not entitled to compensation,
the commission may, upon its own motion or upon the motion o f
the adverse party, and after opportunity to the applicant to be
heard orally or in writing, and upon good cause appearing there
for, dismiss the application prior to any hearing thereon. The
pendency o f such motion or notice o f intended dismissal shall not,
unless otherwise ordered by the commission, delay the hearing
upon the application upon its merits.
(d ) Upon the filing o f an application by or on behalf o f an
injured employee or his dependents or any other party in interest,
the commission may, in its discretion, in the cases mentioned in
section four hundred twelve o f the Code o f Civil Procedure, direct
the county clerk o f any county or city and county to issue wi‘its
o f attachment authorizing the sheriff to attach the property of the
defendant in an amount not to exceed the greatest probable award
against him in such matter, to be fixed by the commission, as se
curity for the payment o f any compensation which may thereafter
be awarded. The provisions o f part two, title seven, chapter four,
o f the Code o f Civil Procedure o f this State, as far as applicable
to proceedings before the commission, shall govern the proceed
ings upon attachment, and the commission shall be substituted
for the superior court in said provisions for the purpose o f this
act. No w rit o f attachment shall be issued except upon the order
o f the commission or a commissioner, and such order shall not be
made where it appears from the application or affidavit in support
thereof that the employer was, at the time o f the injury to the em
ployee, insured against liability imposed by this act in any insur
ance carrier licensed to do business in the State o f California. I f
it should at any time after the levying o f an attachment be made
to appear that such employer was so insured, and the requisites
TEXT OF COMPENSATION LAWS— CALIFORNIA.
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for dismissing said employer from the proceeding and substituting
the insurance carrier as defendant under any o f the methods pre
scribed under section thirty (e ) o f this act be established, the
commission must forthwith discharge the attachment. In levying
such attachment, preference must be given to the real property o f
the employer.
S e c . 19. (a ) No pleadings, other than the application and . ?*me BU* ‘
answer, shall be required. The hearing on the application may 3
be adjourned from time to time and from place to place in the
discretion o f the commission or commissioner or referee hold
ing such hearing. Either party shall have the right to be present
at any hearing, in person or by attorney or by any other agent,
and to present such testimony as shall be pertinent under the
pleadings, but the commission may, with or without notice to
either party, cause testimony to be taken, or inspection of the
premises where the injury occurred to be made, or the time books
and pay roll o f the employer to be examined by any commissioner
or referee appointed by the commission, and may from time to
time direct any employee claiming compensation to be examined
by a regular ph ysician ; the testimony so taken and the results o f
any such inspection or examination to be reported to the commis
sion for its consideration.
(b ) The parties to a controversy may stipulate the facts rela
tive thereto in writing and file such stipulation with the commis
sion. The commission may thereupon make its findings and award
based upon such stipulation, or may in its discretion set the mat
ter down for hearing and take such further testimony or make
such further investigations as may be necessary to enable it to
completely determine the matter in controversy.
(c ) The commission may receive as evidence, either at or
subsequent to a hearing, and use as proof o f any fact in dispute,
the follow ing matters, in addition to sworn testimony presented
in open hearing:
(1) Reports o f attending or examining physicians.
(2) Reports o f special investigators appointed by the commis
sion or a commissioner or referee to investigate and report upon
any scientific or medical question.
(3) Reports of employers containing copies o f time sheets,
book accounts, reports and other records, properly authenticated.
(4) Properly authenticated copies o f hospital records o f .the
case o f the injured employee.
(5 ) All publications of the commission.
( 6 ) All official publications o f State and United States Gov
ernments.
(7 ) Excerpts from expert testimony received by the commis
sion upon similar issues of scientific fact in other cases and the
prior decisions o f the commission upon such issu es: Provided,
how ever, That transcripts o f all testimony taken without notice
and copies o f all reports and other matters added to the record,
otherwise than during the course o f an open hearing, be served
upon the parties to the proceeding, and opportunity be given to
produce testimony in explanation or rebuttal before decision is
rendered.
(d ) The burden o f proof lies upon the party holding the affirma- Affirmative
tive o f the issue. The follow ing are affirmative defenses, and
nses*
the burden o f proof shall rest upon the employer to establish
th em :
( 1 ) That an injured person claiming to be an employee is an
independent contractor or otherwise excluded from the protection
o f this act, where there is proof that such injured person was at
the time o f his injury actually perform ing service for the alleged
employer.
(2 ) Intoxication o f an employee causing his injury.
(3) W illful misconduct o f an employee causing his injury.
(4 ) Aggravation o f disability by unreasonable conduct o f the
employee.
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W O RK M E N ’ s COMPENSATION LEGISLATION.
(5 )
Prejudice to the employer by failure o f the employee to
give notice, as required by section fifteen.
Autopsies.
(e )
W here it is represented to the commission, either before
or after the filing o f an application, that an employee has died
as a result o f injuries sustained in the course o f his employment,
the commission may require an autopsy, and the report o f the
physician perform ing such autopsy may be received in evidence in
any proceedings theretofore or thereafter brought. I f at the time
such autopsy is requested the body o f such employee be in the
custody o f the coroner, the coroner must, upon the request o f the
commission or o f any party interested, afford reasonable oppor
tunity for the attendance o f any physicians named by the com
mission at any autopsy ordered by him. I f the coroner should not
require, or shall have already performed such autopsy, he shall
permit an autopsy or reexamination to be performed by physicians
named by the commission. No fee shall be charged by the coroner
for any service, arrangement or permission given by him.
I f the body is not in the custody o f the coroner, the commis
sion shall have authority to authorize the perform ance of such
autopsy and the exhumation o f the body for such purpose if neces
sary. I f the dependents, or a m ajority thereof, o f any such
deceased employee, having the custody o f the body o f such de
ceased employee, shall refuse to allow the perform ance o f such
autopsy, such autopsy shall not be h e ld ; but upon the hearing o f
any application for compensation it shall be a disputable presump
tion that the injury or death was not due to causes entitling the
claimants to benefits under this act.
Awards.
S e c . 2 0. (a ) After final hearing by the commission, it shall,
within thirty days, make and file ( 1 ) its findings upon all facts
involved in the controversy and ( 2 ) its award which shall state
its determination as to the rights o f the parties.
(b ) The commission in its award may fix and determine the
total amount of compensation to be paid and specify the manner
o f payment, or may fix and determine the weekly disability pay
ment to be made and order payment thereof during the con
tinuance o f such disability.
(c ) If, in any proceeding under sections six to thirty-one, in
clusive, o f this act, it is proved that an injury has been suffered
for which the employer would be liable to pay compensation if
disability had resulted therefrom, but it is not proved that any
incapacity had resulted, the commission may, instead o f dismiss
ing the application, award a nominal disability indemnity, if it
appears that disability is likely to result at a future time.
Revision.
(d ) The commission shall have continuing jurisdiction over
all its orders, decisions and awards made and entered under the
provisions o f sections six to thirty-one, inclusive, o f this act and
may at any time, upon notice, and after opportunity to be heard
is given to the parties in interest, rescind, alter or amend any
such order, decision or award made by it upon good cause ap
pearing therefor, such power including the right to review, grant
or regrant, diminish, increase or terminate, within the lim its pre
scribed by this act, any compensation awarded, upon the grounds
that the disability o f the person in whose favor such award was
made has either recurred, increased, diminished or term inated:
Provided, That no award o f compensation shall be rescinded, al
tered or amended after two hundred forty-five weeks from the
date o f the injury. Any order, decision or award rescinding, al
tering or amending a prior order, decision or award shall have
the same effect as is herein provided for original orders, decisions
or awards.
F i l i n s S e c . 21. (a ) Any party affected thereby may file a certified
awards.
copy o f the findings and award o f the commission with the clerk
of the superior court o f any county, or city and county, and judg
ment must be entered by the clerk in conform ity therewith imme
diately upon the filing o f such findings and award.
(b )
The certified copy o f the findings and award o f the com
mission and a copy o f the judgment shall constitute the judgment
TEXT OF COMPENSATION LAWS— CALIFORNIA.
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roll. The pleadings, all orders o f the commission, its original
findings and award, and all other papers and documents filed
in the cause shall remain on file in the office o f the commission.
( c ) The commission, or any member thereof, may stay the exeStay oI exe
cution o f any judgment entered upon an award of the commission, cutl0tt«
upon good cause appearing therefor and upon such terms and con
ditions as may be imposed. A certified copy o f such order shall
be filed with the clerk entering judgment. W here it is deemed de
sirable to stay the enforcement of an award and a certified copy o f
said findings and award has not been issued by the commission,
the commission, or any member thereof, may order such certified
copy to be withheld with the same force and under the same con
ditions as it might issue a stay o f execution if said certified copy
had been issued and judgment entered thereon.
(d ) When a judgment is satisfied in fact, otherwise than upon Satisfaction,
an execution, the commission may, upon motion o f either party
or o f its own motion, order the entry o f satisfaction of the judg
ment to be made, and upon filing a certified copy o f such order
with the said clerk, he shall thereupon enter such satisfaction,
and not otherwise.
Sec. 22. The orders, findings, decisions or awards o f the com- C o u r t re
mission made and entered under sections six to thirty-one, in- view.
elusive, of this act may be reviewed by the courts specified in sec
tions sixty-seven and sixty-eight hereof and within the time and
in the manner therein specified and not otherwise.
Sec. 23. No fees shall be charged by the clerk o f any court for Fees,
the perform ance o f any official service required by this act, ex
cept for the docketing o f awards as judgments and for certified
copies o f transcripts thereof. In all proceedings under this act
before the commission, costs as between the parties shall be al
lowed or not in the discretion o f the commission and the com
mission may, in its discretion, where payments o f compensation
have been unreasonably delayed, allow the beneficiary thereof in
terest thereon, at not to exceed one and one-half per cent per
month, during such period o f delay.
Sec. 24. (a ) No claim for compensation shall be assignable be- Assignmeat
fore payment, but this provision shall not affect the survival of claims,
thereof, nor shall any claim for compensation, or compensation
awarded, adjudged or paid, be subject to be taken for the debts
o f the party entitled to such compensation, except as hereinafter
provided. No compensation, whether awarded or voluntarily paid,
shall be paid to any attorney at law or in fact or other agent,
but shall be paid directly to the claimant entitled to the same,
unless otherwise ordered by the commission. Any payment made
to such attorney at law or in fact or other agent in violation of
the provisions o f this section shall not be credited to the em
ployer.
(b )
The commission may fix and determine and allow as a Lien*,
lien against any amount to be paid as com pensation:
(1) A reasonable attorney’s fee for legal services pertaining to
any claim for compensation or application filed therefor and the
reasonable disbursements in connection therewith.
( 2 ) The reasonable expense incurred by or on behalf o f the
injured employee, as defined in subsection (a ) o f section nine
hereof.
(3) The reasonable value of the living expenses o f an injured
employee, not exceeding sixty-five per cent o f his weekly wages
between the date o f his injury and the payment o f the disability
payment or death benefit: Provided, That no such allowance shall
be made while an injured employee is confined to a hospital for
treatment.
(4) The reasonable burial expenses o f the deceased employee,
not to exceed the sum o f one hundred dollars.
(5 ) The reasonable living expenses o f the w ife or minor chil
dren o f the injured employee, or both, subsequent to the date o f
the injury, where such employee has deserted or is neglecting his
fam ily, to be allowed in such proportion as the commission shall
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deem proper, upon application o f the w ife or guardian of the
minor children.
Claim a lien,
(c ) I f notice in writing be given to the employer setting forth
when.
the nature and extent o f any claim that may be allowed as a
lien, the said claim shall be a lien against any amount thereafter
to be paid as compensation, subject to the determination o f the
amount and approval thereof by the commission. The commission
may, in its discretion, order the amount o f such claim as fixed and •
allowed by it paid directly to the person entitled, either in a lump
sum or in installments. W here it appears in any proceeding
pending before the commission that a lien should be allowed if
the same had been duly requested by the party entitled thereto,
the commission may, in its discretion, and without any request
for such lien having been made, order the payment o f such claim
to be made directly to the person entitled, in the same manner
and with the same effect as though such lien had been regularly
requested, and the award to such person shall constitute a lien
against unpaid compensation due at the time o f service o f said
award.
(d ) No claim or agreement for the legal services or disburse
ments mentioned in paragraph ( 1 ) o f subsection (b ) hereof, or
for the expense mentioned in paragraph ( 2 ) o f said subsection
( b ) , in excess o f a reasonable amount, shall be valid or binding
in any respect, and it shall be competent for the commission to
determine what constitutes such reasonable amount.
Preference.
(e ) A claim for compensation for the injury or death o f any
employee, or any awTard or judgment entered thereon, shall have
the same preference over the other unsecured debts o f the em
ployer or insurance carrier as is given by law to claims for wages.
Such preference shall be for the entire amount o f compensation
to be paid, but this section shall not impair the lien o f any pre
vious award.
(
P r in c ip a ls
Sec. 25. The liability o f principal employers and contracting
a n d contrac employers, general or intermediate, for compensation under this
tors.
act, when other than the immediate employer o f the injured,
employee, shall be as fo llo w s :
(a ) When any such employer undertakes to do, or contracts
with another to do, or to have done, any work, either directly or
through contractors or subcontractors, then such principal em
ployer or contracting employer shall be liable to pay to any
employee injured while engaged in the execution o f such work, or
to his dependents in the event o f his death, or to any other person,
any compensation which the immediate employer is liable to pay,
and the commission shall have jurisdiction to determine all
controversies arising under this section.
i
(b ) The person entitled to such compensation shall have the
right to recover the same directly from his immediate employer,
and in addition thereto the right to enforce in his own name, in
the manner provided by this act, the liability for compensation
imposed upon other persons by this section, either by making such
other persons parties to the original application or by filing a
separate application: Provided, how ever, That payment in whole
or in part o f such compensation by either the immediate employer
or other person shall, to the extent o f such payment, be a bar to
recovery against the other.
(c ) When any person, other than the immediate employer, shall
have paid any compensation for which he would not have been
liable independently o f this section, he shall, unless he caused the
injury, be entitled to recover the fu ll amount so paid from the
person primarily liable therefor, and jurisdiction to determine his
claim shall be vested in the com m ission: Provided, That such
right o f reimbursement against the person prim arily liable for
compensation shall not exist 4n favor o f any insurance carrier
insuring such other persons upon whom liability is imposed l y
this section, in any case where the immediate employer shall have
joined with any o f such other persons in taking out such policy
o f insurance or shall have contributed to the payment o f the pre-
TEXT OF COMPENSATION LAWS— CALIFORNIA.
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mium for such insurance, with the intent o f securing joint pro
tection thereby, anything in the policy to the contrary notwith
standing.
(d ) The liability imposed by this section shall be subject to the
follow ing lim itations:
(1) Such liability shall exist only in cases where the injury
occurred on or in or about the premises on which the principal
employer or contracting employer, whether general or interme
diate, has undertaken to execute or to have executed any work,
or when such premises or work are otherwise under his control
or management.
(2) Such liability shall not exist in the event that the immedi
ate employer, or other person primarily liable for the compensa
tion shall, previous to the suffering o f such injury, have taken
out, and maintained in full force and effect, compensation insur
ance with any insurance carrier, covering his fu ll liability for
compensation.
. (3) The commission may, in its discretion, order that execution
against such principal employer or contracting employer be stayed
until execution against the immediate employer shall be returned
unsatisfied.
(e ) The findings and award o f this commission entered against
the immediate employer shall be conclusive for or against all
persons upon whom liability is imposed by this section as to the
fact and extent o f liability o f such immediate employer.
Sec. 26. When any injury for which compensation is payable
injuries
under the provisions o f this act shall have been sustained under c a u s e d by
circumstances creating in some other person than the employer a third Persons«
legal liability to pay damages in respect thereto, the injured em
ployee may claim compensation under the provisions o f this act,
but the payment or award o f compensation chall not affect the
claim or right o f action o f such injured employee against such
other person, but such injured employee may proceed at law
against such person to recover dam ages; and any employer having
paid, or having become obligated to pay, compensation may bring
an action against such other person to recover damages, and
evidence of any amount he has paid or become obligated to pay,
as compensation, shall not be adm issible: Provided, That if either
such employee or such employer shall bring such action against
such third person, he shall forthwith notify the other in writing,
by personal presentation or by registered mail, o f such fact and o f
the name o f the court in which suit is brought, filing proof thereof
in such action, and such other may join as a party plaintiff in
such action within thirty days after such notification, or must
consolidate his action, if brought independently, and if such other
party fails to join or proceed as party plaintiff, his right o f action
against such third person shall be barred. In the event that
such employer and employee shall join as parties plaintiff in such
action and damages are recovered, such damages shall be so
apportioned that the claim o f the employer shall take precedence
over that o f the injured employee, and if the damages shall not
be sufficient or shall be only sufficient to reimburse the employer
for the compensation which he has paid, or has become obligated
to pay, with a reasonable allowance for an attorney’s fee, to be
fixed by the court, and his costs, such damages shall be assessed
in his fa v o r ; but if the damages shall be more than sufficient to
reimburse him, the damages shall be assessed in his favor suffi
cient to so reimburse him, and the excess shall be assessed in
favor o f the injured employee. In case such employee shall prose
cute such suit to judgment without the union o f the employer by
joinder or consolidation, the. employer shall have a first lien upon
any damages secured by the employee by such proceeding for the
compensation the employer has paid, or has become obligated to
pay, and may, by motion in .open court, secure the allowance o f
said lien at any time before satisfaction o f the ju dgm en t; and if
such suit shall be prosecuted to judgment by the employer alone,
such employer shall hold the damages recovered by him, over and
122
w o r k m e n ’s
COMPENSATION LEGISLATION.
above the compensation which he has paid, or has become obli
gated to pay, with a reasonable allowance for an attorney’s fee,
to be fixed by the court, and his costs, for the benefit o f the
injured employee or other person entitled, and the injured em
ployee shall, in addition to other remedies provided by law, be
entitled, by motion in open court, to have such excess awarded to
him in the judgment entered by the court, at any time prior to
satisfaction thereof.
Sec. 27. (a ) No contract, rule or regulation shall exempt the
Waivers.
employer from liability for the compensation fixed by this act, but
nothing in this act contained shall be construed as impairing the
right o f the parties interested to compromise, subject to the pro
visions herein contained, any liability which may be claimed to
exist under this act on account o f such injury or death, or as
conferring upon the dependents o f any injured employee any
interest which such employee may not divert by such compromise
or for which he, or his estate, shall, in the event of such compro
mise by him, be accountable to such dependents or any o f them.
Settlements.
(b ) The compensation herein provided shall be the measure
o f the responsibility which the employer has assumed for injuries
or death that may occur to employees in his employment when
subject to the provisions o f this act, and no release o f liability or
compromise agreement shall be valid unless it provide for the
payment o f full compensation in accordance with the provisions
o f this act or unless it shall be approved by the commission.
(c ) A copy o f such release or compromise agreement signed by
both parties shall forthw ith be filed with the commission. When
such release or compromise agreement is filed with the commission
and approved by it, the commission may o f its own motion, or on
the application o f either party, without notice, enter its award
based upon such release or compromise agreement.
(d ) Every such release or compromise agreement shall be in
writing, duly executed and attested by two disinterested w it
nesses, and shall specify the date o f the accident, the average
weekly wages o f the employee, determined according to section
twelve hereof, the nature o f the disability, whether total or par
tial, permanent or temporary, the amount paid or due and un
paid to the employee up to the date o f the release or agreement
or death, as the case may be, and, if any, the amount o f the pay
ment or benefits then or thereafter to be made, and the length
o f time that such payment is to continue. In case o f death there
shall also be stated in such release or compromise agreement the
date o f death, the name o f the widow, if any, the names and
ages o f all children, if any, and the names o f all other depend
ents, if any, and whether such dependents be total or partial, and
the amount paid or to be paid as a death benefit and to whom
such payment is to be made.
Lump sums.
S e c . 28. (a ) At the time o f making its award, or at any time
thereafter, the commission on its own motion, either with or
without notice, or upon application o f either party with due
notice to the other, may, in its discretion, commute the compen
sation payable under this act to a lump sum, if it appear that
such commutation is necessary fo r the protection o f the person
entitled thereto, or for the best interest o f either party, or that
it w ill avoid undue expense or hardship to either party, or that
the employer has sold or otherwise disposed o f the greater part
o f his assets, or is about to do so, or that the employer is not a
resident o f this State, and the commission may order such com
pensation paid forthwith or at some future time.
(b )
The amount o f the commuted payment shall be determined
in accordance with the follow ing provisions:
(1 )
I f the in ju ry causes temporary disability, the commission
shall estimate the probable duration thereof and the probable
amotint o f the temporary disability payments therefor, in ac
cordance with the provisions o f section nine hereof, and shall
fix the lump-sum payment at such amount so determined.
TEXT OF COMPENSATION LAWS----CALIFORNIA.
123
(2 )
I f the injury causes permanent disability or death, the
commission shall fix the total amount o f the permanent disability
payment or death benefit payable therefor in accordance with
the provisions o f said section nine, and shall estimate the present
value thereof, assuming interest at the rate o f six per cent per
annum, disregarding the probability o f the beneficiary’s death in
all cases except where the percentage o f permanent disability is
such as to entitle the beneficiary to a life pension, and then taking
into consideration the probability o f the beneficiary’s death only
in estimating the present value o f such life pension.
(c ) The commission in its discretion may order the lump-sum
payment, determined as hereinbefore provided, paid directly to
the injured employee or his dependents, or deposited with any
savings bank or trust company authorized to transact business in
this State, that will agree to accept the same as a deposit bear
ing interest, or the commission may order the same deposited
with the State compensation insurance fund. Any such amount
so deposited, together with all interest derived therefrom, shall
thereafter be held in trust for the injured employee, or in the
event o f his death, for his dependents, and the latter shall have
no further recourse against the employer. Payments from said
fund, when so deposited, shall be made by the trustee only in
the same amounts and at the same time as fixed by order o f the
commission and until said fund and interest thereon shall be ex
hausted. In the appointment o f the trustee preference shall be
given, in the discretion o f the commission, to the choice o f the
injured employee or his dependents. Upon the making o f such
payment, the employer shall present to the commission a proper
receipt evidencing the same, executed either by the injured em
ployee or his dependents, or by the trustee, and the commis
sion shall thereupon issue its certificate in proper form evidencing
the same, and such certificate, upon filing with the clerk o f the
superior court in w7hich any judgment upon an award may have
been entered, shall operate as a satisfaction o f said award and
shall fully discharge the employer from any further liability on
account thereof.
(d ) The commission may, where the employer is uninsured
and the payments of compensation awarded are to be paid for
a considerable time in the future, determine the present worth
o f said future payments, discounted at the rate o f three per
cent per annum, and order the said present worth paid into the
State compensation insurance fund, which fund shall thereafter
pay to the beneficiaries o f said award the future payments as they
become due.
S e c . 29. (a ) Every employer as defined in section seven hereof,
Payment* to
except the State and all political subdivisions or in stitu tionsbe secured,
thereof, shall secure the payment o f compensation in one or more
o f the follow ing w ay s:
1. By insuring and keeping insured against liability to pay
compensation in one or more insurance carriers dijly authorized
to write compensation insurance in this State.
2. By securing from the commission a certificate o f consent to
self-insure, which may be given upon his furnishing proof satis
factory to the commission o f ability to carry his own insurance
and pay any compensation that may become due to his employees.
The commission may, in its discretion, require such employer to
deposit with the State treasurer a bond or securities approved
by the commission, in an amount to be determined by the commis
sion. Such certificate may be revoked at any time for good cause
shown.
(b )
I f any employer shall fail to secure the payment o f com- Failure tm
pensation, any injured employee or his dependents may proceed ments.*#
against such employer by filing an application for compensation
with the commission, and, in addition thereto, such injured em
ployee or his dependents may bring an action at law against such
124
M u tu al, etc.,
I n s u r a n c e
com p a n ies.
L ia b ility n ot
to be reduced.
P ro v isio n s o f
p olicies.
w orkm en's
COMPENSATION LEGISLATION.
employer for damages, the same as if this act did not apply, and
shall be entitled in such action to the right to attach the property
o f the employer, at any time upon or after the institution o f such
action, in an amount to be fixed by the court, to secure the pay
ment o f any judgment which may ultimately be obtained. Such
judgment shall include a reasonable attorney’s fee to be fixed
by the court. The provisions o f the Code o f Civil Procedure, ex
cept in so far as they may be inconsistent with this act, shall
govern the issuance o f any proceedings upon such statem ent:
Provided, That if as a result o f such action for damages a judg
ment is obtained against such employer in excess o f the com
pensation awarded under this act, the compensation awarded by
the commission, if paid, or if security approved by the court be
given for its payment, shall be credited upon such judgm ent:
Provided, further, That in such action it shall be presumed that
the injury to the employee was a direct result and grew out o f
the negligence o f the employer, and the burden o f proof shall rest
upon the employer to rebut the presumption o f negligence. In
such proceeding it shall not be a defense to the employer that the
employee may have been guilty o f contributory negligence, or
assumed the risk of the hazard complained of, or that the injury
was caused by the negligence o f a fellow servant. No contract,
rule or regulation shall be allowed to restore to the employer any
o f the forgoing defenses.
Sec. 30. (a ) Nothing in this act shall affect the organization
of any mutual 01* other insurance company, or any existing con
tract for insurance, or the right o f the employer to insure in
mutual or other companies, in whole or in part, against liability
for the compensation provided by this a c t ; or to provide by mutual
or other insurance, or by arrangement with his employees, or
otherwise, for the payment to such employees, their families, de
pendents or representatives, o f sick, accident or death benefits, in
addition to the compensation provided for by this a c t ; or the
right o f the employer to waive the waiting period provided for
herein by insurance coverage: Provided, how ever, That it shall
be unlawful for any employer to exact or receive from any em
ployee any contribution, or make 01* take any deduction from the
earnings o f any employee, either directly or indirectly, to cover,
the whole or any part o f the cost o f compensation under this act,
and it shall be a misdemeanor so to do.
(b ) Liability for compensation shall not be reduced or affected
by any insurance, contribution, or other benefit whatsoever due
to or received by the person entitled to such compensation, except
as otherwise provided by this act, and the person so entitled shall,
irrespective o f any insurance or other contract, except as other
wise provided in this act, have the right to recover such com
pensation directly from the employer, and in addition thereto, the
right to enforce in his own name, in the manner provided in this
act, either by making the insurance carrier a party to the original
application or by filing a separate application, the liability of any
insurance carrier, which may, in whole or in part, have insured
against liability for such com pensation: Provided, how ever, That
payment in whole or in part o f such compensation by either the
employer or the insurance company shall, to the extent thereof,
be a bar to recovery against the other o f the amount so p a id :
And provided, further, That as between the employer and the
insurance company, payment by either directly to the employee, or
to the person entitled to compensation, shall be subject to the
conditions of the insurance contract between them.
(c ) Every contract insuring against liability for compensation,
or insurance policy evidencing the same, must contain a clause
to the effect that the insurance carrier shall be directly and
primarily liable to the employee and, in the event o f his death,
to his dependents, to pay the compensation, if any, for which
the employer is lia ble; that, as between the employee and the
TEXT OF CO M PENSATION LAW S— CALIFORNIA.
125
insurance carrier, the notice to or knowledge o f the occurrence o f
the injury on the part of the employer shall be deemed notice
or knowledge, as the case may be, on the part o f the insurance
carrier; that jurisdiction of the employer shall, for the purpose
o f this act, be jurisdiction o f the insurance carrier; and that the
insurance carrier shall in all things be bound by and subject to
the orders, findings, decisions or awards rendered against the
employer under the provisions o f this act.
(d ) Such policy must also provide that the employee shall
have a first lien upon any amount which shall become owing
on account o f such policy to the employer from the insurance
carrier, and that in case o f the legal incapacity or inability of
the employer to receive the said amount and pay it over to the
employee or his dependents, the said insurance carrier may and
shall pay the same directly to the said employee or his dependents,
thereby discharging, to the extent o f such payment, the obliga
tions o f the employer to the em ployee; and such policy shall
not contain any provisions relieving the insurance carrier from
payment when the employer becomes insolvent or is discharged
in bankruptcy, or otherwise, during the period that the policy is
in operation or the compensation remains owing. Every contract
insuring against liability for compensation provided by this act,
or insurance policy evidencing the same, shall be conclusively pre
sumed to contain all of the provisions required by this act.
(e ) (1 ) I f the employer shall be insured against liability . Employer re
fer compensation with any insurance carrier, and if after th e lieved» wlle11*
suffering o f any injury such insurance carrier shall serve or
cause to be served upon any person claiming compensation
against su ch #employer a notice that it has assumed and agreed
to pay the compensation, if any, for which the employer is liable,
and shall file a copy o f such notice with the commission, such
employer shall thereupon be relieved from liability for com
pensation to such claimant and the insurance carrier shall, w ith
out notice, be substituted in place of the employer in any pro
ceeding theretofore or thereafter instituted by such person to
recover such compensation, and the employer shall be dismissed
therefrom. Such proceedings shall not abate on account o f such
substitution but shall be continued against such insurance car
rier. I f at the time o f the suffering o f an injury for which com
pensation is claimed, or may be claimed, the employer shall be
insured against liability for the full amount o f compensation
payable, or that may become payable, the employer may serve
or cause to be served upon any person claiming compensation on
account o f the suffering o f such injury and upon the insurance
carrier a notice that the insurance carrier has in its policy con
tract or otherwise, assumed and agreed to pay the compensation,
if any, for which the employer is liable, and may file a copy o f
such notice with the commission. I f it shall thereafter appear
to the satisfaction o f the commission that the insurance carrier
has, through the issuance o f its contract o f insurance or other
wise, assumed such liability for compensation, such employer
shall thereupon be relieved from liability for compensation to
such claimant and the insurance carrier shall, after notice, be
substituted in place o f the employer in any proceeding thereto
fore or thereafter instituted by such person to recover such
compensation, and the employer shall be dismissed therefrom.
Such proceeding shall not abate on account o f such substitution,
but shall be continued against such insurance carrier.
(2)
The commission may,, with or without the filing o f the
notice required by the preceding paragraph, enter its order re
lieving the employer from liability where it appears from the
pleadings, stipulations or proof that an insurance carrier joined
as party to the proceeding is liable for the full compensation
which the employer in such proceeding is liable to pay.
( f ) W here any employee is insured against liability for com- . I n s u r e r ’ s
pensation with any insurance carrier and such insurance carrier rishts*
w o r k m e n 's
126
c o m p e n s a t io n
l e g is l a t io n
.
shall have assumed the liability o f the employer therefor in the
maimer provided by this section, or shall have paid any com
pensation for which the employer is liable, or furnished or
provided any medical services required by this act, such in
surance carrier shall be subrogated to all the rights and duties
o f such employer and may enforce any such rights o f its own
name.
Reinsurance
(g )
The State compensation insurance fund m*y insure against
by State fund.
any liability fixed under this act to the same extent as any
insurance carrier.
Limited poli
S e c . 81. ( a ) I f any insurance policy shall be issued covering
cies.
liability for compensation, which policy shall contain any lim i
tation as to the compensation payable, such limitation shall be
printed in the body o f such policy in bold-face type and in addi
tion thereto the w ords “ limited compensation policy ” shall be
printed on the top o f the policy in bold-face type not less than
eighteen point in size. Failure to observe the foregoing re
quirement shall render such policy unlimited.
(b ) No insurance carrier shall insure against the liability o f
the employer for the additional compensation recoverable under
the provisions contained in section six (b ) hereof.
State f u n d
S e c . 32. Nothing contained in this act shall be taken or con
unaffected.
strued *to limit, interfere with, disturb, or render ineffective in
any degree, the creation, existence, organization* control, man
agement, contracts, rights, powers, duties and liabilities o f the
State compensation insurance fund, but all such matters and
things are hereby expressly confirmed, saved and continued .1
[Sections 33 to 54, inclusive, relate to safety provisions, inspec
Accidents.
tions and accident reporting and investigation, j^nd appear in
Bulletin No. 244, Labor Legislation o f 1917.]
S e c . 55. (a ) All proceedings for the recovery o f compensation,
Proceedings
before commis or concerning any right or liability arising out o f or incidental
sion.
thereto, or for the enforcement agaipst the employer or an in
surance carrier o f any liability for compensation imposed upon
him by this act in favor o f the injured employee, his dependents
or any third person, or for the determination o f any question as
to the distribution o f compensation among dependents or other
persons, or for the determination o f any question as to who are
dependents o f any deceased employee, or what persons are en
titled to any benefit under the compensation provisions o f this
act, or for obtaining any order which by this act the commission
is authorized to make, or for the determination o f any other mat
ter, jurisdiction over which is vested by this act in the commis
sion, shall be instituted before the commission, and not elsewhere,
except as otherwise in this act provided, and the commission is
hereby vested w ith full power, authority and jurisdiction to try
and finally determine all such matters, subject only to the re
view by the courts in this act specified and in the manner and
within the time in this act provided.
(b )
All orders, rules and regulations, findings, decisions and
awards o f the commission shall be in force and shall be prima
facie la w fu l; and all such orders, rules and regulations, findings,
decisions and awards shall be conclusively presumed to be rea
sonable and lawful, until and unless they are modified or set aside
by the commission or upon a review by the courts in this act
specified and within the time and in the manner herein specified.
Service
o f S e c . 56. (a ) Any notice, order or decision required by this act
notices, etc.
to be served upon any person or party either before, during or
after the institution o f any proceeding before the commission,
may be served in the manner provided by chapter five, title fou r
teen o f part tw o o f the Code of Civil Procedure o f this State,
unless otherwise directed by the commission or a member thereof,
1 Secs. 36 to 50, inclusive, of chapter 176, acts of 1913, being that por
tion of the act that relates to the State compensation insurance fund, are
unchanged. See Bulletin No. 203, pp. 391-395.
TE X T OF CO M PEN SATION LAW S---- C ALIFO RN IA.
127
In which event the same shall be served in accordance with the
order or direction o f said commission or member thereof. The
commission or a commissioner may also, in the cases mentioned
in the Code o f Civil Procedure o f this State, order service to be
made by publication o f the notice o f time and place o f hearing.
W here service is ordered to be made by publication the date of
the hearing may be fixed at more than thirty days from the date
o f filing the application.
(b ) Any such notice, order or decision affecting the State or
any city and county, city, school district or public corporation
therein, shall be served upon the same officer, officers, person or
persons, upon whom the service o f similar notices, orders or de
cisions is authorized by law.
(c ) The secretary, assistant secretaries and the inspectors ap
pointed by the commission shall have all the powers conferred by
law upon peace officers to carry weapons, make arrests and serve
warrants and other process in this State.
Sec. 57. (a ) The commission shall have full power and auP o w e r s of
th o rity :
commission.
(1) To adopt reasonable and proper rules of practice and pro
cedure.
(2) To regulate and provide the manner, and by whom, minors
and incompetent persons shall appear and be represented before it.
(3 ) To appoint a trustee or guardian ad litem to appear for and
represent any such minor or incompetent upon such terms and
conditions as it may deem p rop er; and such guardian or trustee
must, if required by the commission or a commissioner, give a
bond in the same form and o f the same character required by
law from a guardian appointed by the courts and in such an
amount as the commission or a commissioner may fix and deter
mine, such bond to be approved by the commission or a com
missioner, and such guardian or trustee shall not be discharged
from liability until he shall have filed an account with the com
mission or with the probate court and such account shall have
been approved. The trustee or guardian shall be entitled to
receive such compensation for his services as shall be fixed and
allowed by the commission or by the probate court.
(4 ) To provide for the joinder in the same proceeding o f all
persons interested therein, whether as employer, insurance car
rier, employee, dependent, creditor or otherwise.
(5 ) To regulate and prescribe the kind and character o f
notices, where not otherwise prescribed by this act, and the
service thereof.
( 6 ) To regulate and prescribe the nature and extent of the
proofs and evidence.
(b )
The commission shall also have jurisdiction to determine
controversies arising out o f insurance policies issued^ to selfemploying persons, conferring benefits identical with those pre
scribed by this act.
The commission may try and determine matters referred to it
by the parties under the provisions o f part three, title ten, o f
the Code o f Civil Procedure, with respect to controversies arising
out o f insurance issued to self-employing persons under the pro
visions o f this act. Such controversies may be submitted to it by
the signed agreement o f the parties, or by the application o f one
party and the submission o f the other to its jurisdiction, with or
without an express request for arbitration. The state compensa
tion insurance fund must submit to the commission, the consent o f
the other party being obtained, all controversies susceptible o f
being arbitrated under this section. In acting as arbitrator under
the provisions o f this section, the commission shall have all the
powers which it may law fully exercise in compensation cases, and
its findings and award upon such arbitration shall have the same
conclusiveness and be subject to the same mode o f reopening, re
view and enforcement as in compensation cases. No fee or cost
w o r k m e n ’s
128
c o m p e n s a t io n
l e g is l a t io n
.
shall be charged by the commission to any party for arbitrating
the issues presented under this section.
S e c . 58. The commission shall have jurisdiction over all con
Injuries out
side State.
troversies arising out o f injuries suffered without the territorial
limits o f this State in those cases where the injured employee is
a resident o f this State at the time o f the injury and the contract
o f hire was made in this State, and any such employee or his
dependents shall be entitled to the compensation or death benefits
provided by this act.
References.
S e c . 59. The commission may upon the agreement o f the parties,
upon the application o f either, or o f its own motion, and either
w ith or without notice, direct and order a reference in the
follow ing cases:
(1 ) To try any or all o f the issues in any proceeding before
it, whether o f fact or o f law, and to report a finding, order, de
cision or award to be based thereon.
(2) To ascertain a fact necessary to enable the commission
to determine any proceeding before it or to make any order, de
cision or award that the commission is authorized to make under
this act, or that is necessary for the inform ation o f the com
mission.
(b ) The commission may appoint one or more referees in any
proceeding, as it may deem necessary or advisable, and may refer
matters arising out o f the same proceeding to different referees.
It may also, in its discretion, appoint general referees who shall
hold office during the pleasure o f the commission. Any referee
appointed by the commission shall have such powers, jurisdiction
and authority as is granted under the law, by the order o f ap*
pointment and by the rules o f the commission, and shall receive
such salary or compensation for his services as may be fixed by
the commission.
(c ) Any party to the proceeding may object to the appoint
ment o f any person as referee upon any one or more o f the
grounds specified in section six hundred and forty-one o f the Code
o f Civil Procedure and such objection m ust be heard and disposed
o f by the commission. Affidavits may be read and witnesses ex
amined as to. such objections.
(d ) Before entering upon his duties, the referee must be sworn
before an officer authorized to administer oaths, faithfully and
fairly to hear and determine the matters and issues referred to
him, and to make just findings and report according to his under
standing.
(e ) The referee must report his findings in writing to the
commission within fifteen days after the testimony is closed.
Such report shall be made in the form prescribed by the com
mission and shall include all matters required to be included in
the order o f reference or by the rules o f the commission. The
facts found and conclusions o f law must be separately stated.
( f ) U p o n th e filin g o f th e re p o rt o f th e r e fe re e , th e c o m m issio n
m a y confirm , a d o p t, m o d ify or se t a sid e th e s a m e or a n y p a r t
th e r e o f an d m a y , e ith e r w ith or w ith o u t f u r th e r p ro ce e d in g s, an d
e ith e r w ith or w ith o u t n otice, en te r its ord e r, fin d in g s, d e c isio n or
a w a r d b a se d in w h o le or in p a r t u p on th e r e p o rt o f th e re fe re e ,
or u p o n th e re c o rd in th e case.
(g ) The provisions o f the preceding subdivisions o f this section
shall not be construed to prevent the commission from requiring
its referees merely to hold hearings and to make return o f the
testimony to the commission.
Procedure.
S e c . 6 0. ( a ) A ll h e a r in g s an d in v e s tig a tio n s b e fo r e th e c o m m is
sio n or a n y m em b e r th e r e o f, or a n y r e fe r e e ap p o in te d th e re b y ,
sh a ll be g o v e rn e d b y th is a c t an d b y th e ru le s o f p ra c tic e an d p ro
ce d u re a d o p te d b y th e c o m m issio n , a n d in th e c o n d u c t th e r e o f
n e ith e r th e c o m m issio n nor a n y m e m b e r th e r e o f, n o r a n y re fe re e
ap p o in te d th e re b y , s h a ll be b ou n d b y th e c o m m o n la w or s ta tu to r y
r u le s o f evid e n ce a n d p ro ce d u re , b u t m a y m a k e in q u ir y in su ch
m a n n e r, th r o u g h o r a l te stim o n y an d w r itte n a n d p rin te d re c o rd s,
a s is b e st c a lc u la te d to a sc e r ta in th e s u b s ta n tia l r ig h ts o f th e
I E X T OF CO M PENSATION LAW S---- CALIFO RNIA.
129
parties and carry out justly the spirit and provisions o f this act.
No inform ality in any proceeding or in the manner o f taking testi
mony shall invalidate any order, decision, award, rule or regula
tion made, approved or confirmed by the com m ission; nor shall
any order, award, rule or regulation be invalidated because o f the
admission into the record, and use as proof o f any fact in dis
pute, o f any evidence not admissible under the said common law
or statutory rules o f evidence and procedure.
(b )
The commission, or a commissioner or referee, or any party
to the action or proceeding, may, in any investigation or hearing
before the commission, cause the deposition o f witnesses residing
within or without the State to be taken in the manner prescribed
by law for like depositions in civil actions in the superior courts
of this State, and to that end may compel the attendance o f w it
nesses and the production o f books, documents, papers and ac
counts : Provided, That depositions taken outside o f the State may
be taken before any officers authorized to administer oaths.
Sec. 61. The commission and each member thereof, its secre- Power to ad*
tary, assistant secretaries and referees, shall have power to adoatlls»
minister oaths, certify to all official acts, and to issue subpoenas
for the attendance o f witnesses and the production of papers,
books, accounts, documents and testimony in any inquiry, investi
gation, hearing or proceeding in any part o f the State. Each w it
ness who shall appear, by order o f the commission or a member
thereof, or a referee appointed thereby, shall be entitled to re
ceive, if demanded, for his attendance the same fees and mileage
allowed by law to a witness in civil cases, which amount shall be
paid by the party at whose request such witness is subpoenaed,
unless otherwise ordered -by the commission. When any witness
who has not been required to attend at the request o f any party
is subpoenaed by the commission, his fees and mileage may be paid
from the funds appropriated for the use o f the commission in the
same manner as other expenses o f the commission are paid. Any
witness subpoenaed, except one whose fees and mileage may be
paid from the funds o f the commission, may, at the time o f
service, demand the fee to which he is entitled for travel to and
from the place at which he is required to appear, and one day’s
attendance. I f such witness demands such fees at the time of
service, and they are not at that time paid or tendered, he shall
not be required to attend before the commission, member thereof,
or referee as directed in the subpoena; All fees and mileage to
which any witness is entitled, under the provisions o f this section,
may be collected by action therefor instituted by the person to
whom such fees are payable.
Sec. 62. The superior court in and for the county, or city and
Court* to
county, in which any inquiry, investigation, hearing or proceeding
may be held by the commission or any member thereof or referee
appointed thereby, shall have the power to compel the attendance
o f witnesses, the giving o f testimony and the production o f papers,
including books, accounts and documents, as required by any sub
poena issued by the commission or member thereof or ref
eree. The commission or any member thereof or the referee, be
fore whom the testimony is to be given or produced, in case o f
the refusal of any witness to attend or testify or produce any
papers required by such subpoena, may report to the superior
court in and for the county, or city and county, in which the pro
ceeding is pending, by petition, setting forth that due notice has
been given of the time and place of attendance o f said witness, or
the production o f said papers, and that the witness has been subp<pnaed in the manner prescribed in this act, and that the witness
has failed and refused to attend or produce the papers required
by the subpoena, or has refused to answer questions propounded to
him in the course o f such proceeding, and ask an order of said
court, compelling the witness to attend and testify or produce said
papers before the commission. The court, upon the petition o f the
commission or such member thereof or referee, shall enter an
order directing the witness to appear before the court at a time
45615°— Bull. 243— 18------ 9
130
W O R K M E N ’ s COM PENSATION LEG ISLATION.
sn d place to be fixed toy the court in such order, the time to be
not more than ten days from the date o f the order, and then and
there show cause why he had not,attended and testified or pro
duced said papers before the commission, member thereof o r
referee. A copy o f said order shall be served upon said witness.
I f it shall appear to the court that said subpoena w as regularly
issued by the commission or member thereof or referee and that
the witness was legally bound to comply therewith, the court shall
thereupon enter an order that said witness appear before the com
mission or member thereof or referee at a time and place to be
fixed in such order, and testify or produce the required papers,
and upon failure to obey said order, said witness shall be dealt
with as fo r contempt o f court. The remedy provided in this sec
tion is cumulative, and shall not be construed to impair or inter
fere with the power o f the commission or a member thereof to
enforce the attendance of witnesses and the production o f papers,
and to punish for contempt in the same manner and to the same
extent as courts o f record.
General paw
S e c . 63. ( a ) T h e c o m m issio n is h e re b y v e s te d w ith f u ll p o w e r,
ers.
a u th o r ity an d ju r is d ic tio n to do an d p e r fo r m a n y a n d a ll things,
w h e th e r h e re in sp e c ific a lly d e sig n a te d , or in a d d itio n th e re to ,
w h ic h a r e n e c e ssa r y or co n v en ie n t in th e e x e r c is e o f a n y p o w e r,
a u th o r ity or ju r is d ic tio n c o n fe rre d u p o n it u n d e r th is a c t
(b ) 'The commission and each member thereof shall have
pow er to issue writs or summons, warrants o f attachment, w ar
rants o f commitment and all necessary process in proceedings
for contempt, in like manner and to the same extent as courts
o f record. The process issued by the commission or any member
thereof shall extend to all parts o f the State and may be served
•by any persons authorized to serve process o f courts o f record,
or by any person designated for that purpose by the commission
o r any member thereof. The person executing any such process
shall receive such compensation as may be allowed by the com
mission, not to exceed the fees now prescribed by law for similar
services, and such fees shall be paid in the same manner as
provided herein for the fees o f witnesses.
Rehearings.
S e c . 64. (a ) Any party or person aggrieved directly or in
directly by any final order, decision, award, rule or regulation
o f the commission, made or entered under any provision con
tained in this act, may apply to the commission for a rehearing
in respect to any matters determined or covered by such final
order, decision, award, rule, or regulation and specified in the
application for rehearing within the time and in the manner
hereinafter specified, and not otherwise.
(b ) No cause o f action arising out o f any such final order,
decision or award shall accrue in any court to any person until
and unless such person shall have made application for such re
hearing, and such application shall have been granted or den ied :
Provided, That nothing herein contained shall be construed to
prevent the enforcement o f any such final order, decision, award,
rule or regulation in the manner provided in this act.
(c ) Such application shall set forth specifically and in full
detail the grounds upon which the applicant considers said final
■order, decision, award, rule or regulation is unjust or unlawful,
and every issue to be considered by the commission. Such appli
cation must be verified upon oath in the same manner as required
for verified pleadings in courts o f record and must contain a
general statement o f any evidence or other matters upon which
the applicant relies in support thereof. The applicant for such
Shearing shall be deemed to have finally waived all objections,
irregularities and illegalities concerning the matter upon which
•such rehearing is sought other than those set forth in the appli
cation for such rehearing.
(d ) A copy o f such application f o r rehearing shall be served
forthw ith upon all adverse parties by the party applying for
iEuch rehearing, and any such adverse party may file an answer
thereto within ten days thereafter. Such answer must likewise
TEXT OF CO M PEN SATIO N LAW S— CALIFO RN IA.
be
131
verified. The commission may require the application fo r
rehearing to be served on such other persons or parties as may
t>e designated by i t
(e ) Upon filing o f an application fo r a rehearing, if the issues
raised thereby have theretofore been adequately considered by
the commission, it may determine the same by confirming without
hearing its previous determination, or if a rehearing is necessary
to determine the issues raised, or any one or more o f such issues,
the commission shall order a reher-ing thereon and consider and
determine the matter or matters .aised by such application. I f
at the time o f granting such rehearing it shall appear to the
satisfaction o f the commission that no sufficient reason exists
fo r taking further testimony, the commission may reconsider
and redetermine the original cause without setting a time and
place for such further rehearing. Notice o f the time and place
o f such hearing, if any, shall be given to the applicant and
adverse parties, and to such other persons as the commission
may order.
( f ) If, after such rehearing and a consideration o f all the
facts, including those arising since the making o f the order,
decision or award involved, the commission shall be of the opin
ion that the original order, decision or award, or any part
thereof, is in any respect unjust or unwarranted, or should be
changed, the commission may abrogate, change or m odify the
same. An order, decision or award made after such rehearing,
abrogating, changing or modifying the original order, decision
or award, shall have the same force and effect as an original
order, decision or award, but shall not affect any right or the
enforcement o f any right arising from or by virtue o f the original
order, decision or award, unless so ordered by the commission.
An application for a rehearing shall be deemed to have been de
nied by the commission unless it shall have been acted upon
within thirty days from the date o f filing: Provided, how ever,
That the commission may, upon good cause being shown therefor,
extend the time within which it may act upon such application
for not exceeding thirty days.
S e c . 65. (a ) At any time within twenty days after the service
Grounds tox
o f any final order or decision o f the commission awarding or reliearin£denying compensation, or arising out o f or incidental thereto, any
party or parties aggrieved thereby may a p p l y for such rehearing
upon one or more o f the follow ing grounds and upon no other
grounds:
(1 ) That the commission acted without or in excess o f its
powers.
(2 ) That the order, decision or award was procured by fraud.
(3 ) That the evidence does not ju stify the findings o f fa c t
(4 ) Thai the applicant has discovered new evidence, material
to him, which he could not, with reasonable diligence, have dis
covered ^nd produced at the hearing.
(5) That the findings o f fact do not support the order, de
cision or award.
(b ) Nothing contained in this section shall, however, be con
strued to lim it the grant o f continuing jurisdiction contained in
subsection (d ) o f section twenty o f this a c t
S e c . 66 . (a ) A t any time .within twenty days after the service . ^ me 8U**
o f any final order, decision, rule or regulation, other than a n 36
order or award pertaining to compensation, any party or parties,
person or persons aggrieved thereby or otherwise affected, di
rectly or indirectly, may apply for such rehearing upon one or ‘
more o f the follow ing grounds and upon no other .groun ds:
(1 )
That the commission acted without or in excess o f its
powers.
<2) That the order or decision was procured by fraud.
(3) That the order, decision, rule or regulation is unreasonable.
(b )
Nothing contained in this section shall be construed to
lim it the right o f the commission, at any time and from time to
time, to adopt new or different rules or regulations or new o r
132
w o r k m e n ’s
c o m p e n s a t io n
l e g is l a t io n
.
different standards o f safety, or to abrogate, change or m odify
any existing rule, regulation or standard, or any part thereof,
or to deprive the commission o f continuing jurisdiction over the
same, or to prevent the enforcement in the manner provided by
this act, o f any rules, regulations or standards o f the commission,
or any part thereof, when so adopted, or changed, or modified.
Appeal
S e c . 67. (a ) W ithin thirty days after the application for a re
court.
hearing is denied, or, if the application- is granted, within thirty
days after the rendition o f the decision on the rehearing, any
party affected thereby may apply to the supreme court of this
State, or to the district court o f appeal o f the appellate district
in which such person resides, for a w rit o f certiorari or review,
hereinafter referred to as a w rit o f review, for the purpose o f
haying the lawfulness o f the original order, rule, regulation, de
cision or award, or the order, rule, regulation, decision or award
on rehearing inquired into and determined.
(b ) Such w rit shall be made returnable not later than thirty
days after the date o f the issuance thereof, and shall direct the
commission to certify its record in the case to the court. On the
return day the cause shall be heard in the court unless for good
cause the same be continued. No new or additional evidence may
be introduced in such court, but the cause shall be heard on the
record o f the commission as certified to by it. The review shall
not be extended further than to determine w h eth er:
(1 ) The commission acted without or in excess o f its powers.
(2 ) The order, decision or award was procured by fraud.
(3 ) The order, decision, rule or regulation was unreasonable.
(4 ) I f findings o f fact are made, such findings o f fact support
the order, decision or award under review.
(c ) The findings and conclusions o f the commission on ques
tions o f fact shall be conclusive and final and shall not be subject
to rev iew ; such questions o f fact shall include ultimate facts and
the findings and conclusions o f the commission. The commission
and each party to the action or proceeding before the commission
shall have the right to appear in the review proceeding. Upon
the hearing the court shall enter judgment either affirming or
setting aside the order, decision or award or may remand the
case for further proceedings before the commission.
(d ) The provisions o f the Code o f Civil Procedure o f this State
relating to writs o f review shall, so far as applicable and not in
conflict with this act, apply to proceedings in the courts under
the provisions o f this section. No court o f this State, except the
supreme court and the district courts o f appeal to the extent
herein specified, shall have jurisdiction to review, reverse, cor
rect or annul any order, rule, regulation, decision or award o f the
commission, or to suspend or delay the operation or execution
thereof, or to restrain, enjoin or interfere with the commission
in the performance o f its d u ties: Provided, That a w rit o f
mandamus shall lie from the supreme court or the district courts
o f appeal in all proper cases.
Suspension.
S e c . 68. (a ) The filing o f an application for a rehearing shall
have the effect o f suspending the order, decision, award, rule
or regulation affected, in so far as the same applies to the
parties to such application, unless otherwise ordered by the com
mission, for a period o f ten days, and the commission may, in its
discretion and upon such terms and conditions as it may by order
direct, stay, suspend or postpone the same during the pendency o f
such rehearing.
(b )
The filing o f an application for, or the pendency of, a writ
o f review, shalfr not o f itself stay or suspend the operation o f the
order, decision, award, rule or regulation o f the commission sub
ject to review, but the court before which such application is
filed may, in its discretion, stay or suspend in whole or in part
the operation o f the order, decision, award, rule or regulation o f
the commission subject to review, upon such terms and conditions
as it may by order direct, except as provided in the follow ing
subsection.
TEX T OP CO M PEN SATIO N LAW S— CALIFORN IA.
133
\c) The operation o f any order or award entered by the com
mission under the provisions o f sections six to thirty-one, inclu
sive, o f this act, or any judgment entered thereon, shall not at
any time be stayed by the court to which petition is made for a
writ o f review, unless a written undertaking be executed on the
part o f the petitioner by two or more sureties, to the effect that
they are bound in double the amount named in such order, award
or ju dgm en t; that if the order, award or judgment appealed from,
or any part thereof, be affirmed, or the proceeding upon review be
dismissed, the petitioner shall pay the amount directed to be paid
by the order, award or judgment, or the part o f such amount as
to which the order, award or judgment is affirmed, if affirmed
only in part, and all damages and costs which may be awarded
against the petitioner; and that, if the said petitioner does not
make such payment within thirty days after the filing with the
commission o f the remittitur from the reviewing court, judgment
may be entered, on motion o f the adverse party, in his favor, and
to which the said undertaking may be transferred, in any superior
court in which a certified copy o f the order or award may be
filed against the sureties for such amount, together with interest
that may be due thereon, and the damages and costs which may be
awarded against the said petitioner. The provisions o f the Code
of Civil Procedure, except in so far as they may be inconsistent
with this act, are applicable to said undertaking. Such undertak
ing shall be filed with the commission, and the certificate o f the
commission, or any proper officer thereof, o f the filing and ap
proval o f such undertaking, is sufficient evidence o f the com
pliance o f the petitioner with the provisions o f this subsection.
Construction.
S e c . 69 (a ) Whenever this act, or any part or section thereof,
is interpreted by a court, it shall be liberally construed by such
court with the purpose o f extending the benefits o f the act for
the protection of persons injured in the course o f their employ
ment.
(b ) I f any section, subsection, subdivision, sentence, clause or
phrase of this act is for any reason held to be unconstitutional,
such decision shall not affect the validity o f the remaining por
tions o f this act. The legislature hereby declares that it would
have passed this act, and each section, subsection, subdivision, sen
tence, clause or phrase thereof, irrespective o f the fact that any
one or more sections, subsections, subdivisions, sentences, clauses
or phrases is declared unconstitutional.
(c ) This act shall not be construed to apply to employers or
employments which, according to law, are so engaged in inter
state commerce as not to be subject to the legislative power o f
the State, or to employees injured while they are so engaged, ex
cept in so far as this act may be permitted to apply under the pro
visions o f the Constitution of the United States or the acts o f
Congress.
Election.
S e c . 70. (a ) Any employer, having in his employment any em
ployee not included within the term “ employee ” as defined by
section eight o f this act or not entitled to compensation under
this act, and any such employee, may, by their joint election,
elect to come under the compensation provisions of this act in the
manner hereinafter provided.
(b )
Such election on the part o f the employer shall be made by
filing with the commission a written statement to the effect that
he accepts the compensation provisions o f this act, which, when
filed, shall operate, within the meaning o f section six o f thia
act, to subject him to the compensation provisions thereof, and
o f all acts amendatory thereof, for the term o f one year from the
date o f filing, and thereafter without further act on his part,
for successive terms o f one year each, unless such employer shall,
at least sixty days prior to the expiration o f such first or suc
ceeding year, file in the office o f the commission a notice in w rit
ing that he withdraws his election. Such acceptance shall be held
to include employees whose employment is both casual and not in
the course o f the trade, business, profession or occupation o f the
employer, unless expressly excluded therefrom. In case any em-
134
w o r k m e n 's
c o m p e n s a t io n
l e g is l a t io n
.
ploj^er is insured against liability fo r compensation under this
act, lie shall be deemed to have so elected during.the period that
such policy shall remain in force, without filing such written no
tice with the commission, as to all classes o f employees covered
by such policy o f insurance, anything in this act to the contrary
notwithstanding.
(c ) Any employee in the service o f any employer who has made
an election in either o f the modes above prescribed shall be
deemed to have accepted, and shall, within the meaning o f section
six o f this act, be subject to the compensation provisions of this
act, and o f any act amendatory thereof, if, at the time o f the
injury for which liability is claim ed:
( 1 ) The employer charged with such liability is subject to the
compensation provisions o f this act, whether the employee has
actual notice thereof or n o t ; and
(2) Such employee shall not, at the time o f entering into the
employment, have given to his employer notice in wrriting that
he elects not to be subject to the compensation provisions o f
this a c t ; or, in the event that such employment was entered into
in advance o f the election by the employer, such employee shall
have given to his employer notice in writing that he elects to be
subject to such provisions, or without giving either o f such notices,
shall have remained in the service o f such employer for five days
after the employer has filed his election, in which case the, time
at which, the employee becomes subject to said compensation pro
visions shall be deemed to be at the beginning o f said period.
(d ) The State, and all political or other subdivisions thereof,
as defined in section seven, and all State Institutions, shall he
conclusively presumed to have elected to come within the provi
sions o f this act as to all employments otherwise excluded from
this act.
(e ) All written ‘ acceptances filed by employers with the com
mission prior to the taking effect o f this act, accepting the provi
sions o f the workmen’s compensation, insurance and safety act,
chapter one hundred seventy-six, statutes o f 1913, and all acts
amendatory thereof, shall, unless written notice be given to the
contrary by said employer within sixty days after the taking
effect o f this act, be deemed acceptances o f the provisions o f this
act, and all acts amendatory thereof, in accordance with the provi
sions o f this section.
Eepeals, etc.
S e c . 71. Sections two, twelve,
* * * [to] thirty-five, fiftyone, * * * [to] eighty-seven o f chapter one hundred seventysix, statutes o f 1913, and all other acts and parts o f acts incon
sistent herewith, are hereby repealed: Provided, That nothing
contained in this act shall be construed as limiting or repealing
sections one, three, * * * [to] eleven, thirty-six, * * *[to]
fifty, eighty-eight and ninety o f said chapter one hundred seventysix, statutes o f 1913.
Sec. 72. Nothing contained in this act shall be construed to
Prior and
pending trans limit, interfere with, disturb, or render ineffective in any degree,
actions.
any matter, proceeding or transaction pending, done or perform ed
under the provisions o f chapter one hundred seventy-six, statutes
o f 1913, and all aets amendatory thereof, or supplementary
thereto, by the industrial accident commission, or any department
or division thereof, or to affect any right or liability accrued or
accruing or to accrue under said acts, but each and every part
thereof are hereby expressly saved and continued under the ju ris
diction o f said industrial accident commission, with full power,
authority and jurisdiction, and with the right and duty in said
industrial accident commission to fully administer and dispose o f
tiie same.
S ec. 73. The compensation provisions o f this act, except pro
Previous In
juries.
cedural provisions, shall not apply to any injury sustained prior
to the taking effect hereof.
Act in effect.
S e c . 74. This act shall take effect on the first day o f January,
1918.
Approved May 23, 1917.
COLORADO.
ACTS OF 1917.
C h ap ter 155.— Compensation o f workm en fo r injuries.
[This act amends several sections o f the compensation law o f
the State, chapter 179, acts o f 1915.
Section 4 is amended so as to read as fo llo w s :]
Section 4 (as amended by chapter 155, acts of 1917). The
following terms as used in this act shall be construed and have
the following meaning unless otherwise specifically defined in
the context:
Defialtio«*
(a ) The term “ o r d e r ” shall mean and include any decision, “ Order.*
classification, rate, rule, regulation, direction, requirement or
standard o f the commission, or any other determination arrived
at or decision made by such commission.
(b ) The term “ place o f em ploym ent” shall mean and include
“ Place of
every place whether indoors or out, or underground, and t h e emp ymel1
premises appurtenant thereto, where either temporarily or per
manently any industry, trade or business is carried on, or where
any process or operation, directly or indirectly relating to any
industry, trade or business is carried on and where any person
is directly or indirectly employed by another for direct or indirect
gain or profit, except as otherwise expressly provided in this act.
(c ) The term “ employment ” shall mean and include any trade,
“ E m ploy*
occupation or process o f manufacture, or any method o f carrying ment.”
on such trade, occupation, or process o f manufacture in which any
person may be engaged, except as otherwise expressly provided
in this act.
(d ) The term “ em p loyer” shall mean and include:
“ Employer."
(1) The State, and each county, city, town, irrigation, drainage,
P u b l i c emand school district therein, and all public institutions and ad- Ployment«
ministrative boards thereof, without regard to the number o f
persons in the service o f any such public em ployer; and provided
that all such public employers shall be at all times subject to the
compensation provisions o f this act.
(2 ) Every person, association o f persons, firm and private Private eacorporation (including any public service corporation), personal p yment
representative, assignee, trustee and receiver, who has four or
more persons regularly engaged in the same business or employ
ment (except as otherwise expressly provided in this a ct), in
service under any contract o f hire, express or implied, and who,
at or prior to the time o f the accident to the employee for which
compensation is claimed under this act, has elected to become
subject to the provisions o f this act, and who shall not, prior to
such accident, have effected a withdrawal o f such election in the
manner provided in this act.
(3 ) This act is not intended to apply to employers o f private Exemption,
domestic servants or farm and ranch labor, nor to employers who
employ less than four employees regularly in the same business
or in or about the same place o f employm ent: Provided, That
any such employer may elect to accept the provisions o f this act
in the manner provided herein, in which event he and his em
ployees shall be subject
and entitled
all provisions o f this
act.
to
to
135
136
W ORKM EN*S COMPENSATION LEGISLATION,
In te rsta te
( 4 ) The provisions o f this act shall not apply to common
earners.
carriers engaged in interstate commerce, nor to their employees.
“ Employee.”
( e ) The term “ em ployee” shall mean and in clu d e:
P u b l i c em(1 ) Every person in the service o f the State, or o f the county,
ployment.
c ity, town, irrigation, drainage, or school district therein, or o f
any public institution or administrative board thereof, under any
appointment or contract o f hire, express or implied, except an
elective official o f the State, or o f any county, city, town, irrigation,
drainage, or school district therein, or o f any public institution
or administrative board thereof, and except all officers and en
listed men o f the National Guard o f the State o f Colorado.
Policemen and firemen shall be deemed employees, within the
meaning o f this paragraph: Provided; That any policeman or fire
man claiming compensation under this act shall have deducted
from such compensation any sum which such policeman or fire
man may receive from any pension or any benefit fund to which
the municipality may contribute.
^
Private em(2) Every person in the service o f any other person, associaployment.
^ on 0f persons, firm, private corporation, including any public
service corporation, personal representative, assignee, trustee, or
receiver, under any contract o f hire, express or implied, including
aliens and also including minors who are legally permitted to
work under the laws o f this State (w ho for the purposes o f this
act shall be considered the same, and shall have the same power
o f contracting with respect to their employment, as adult em
ployees), but not including any person whose employment is but
■ casual, or who is expressly excluded from this act, or whose em
ployment is not in the usual course o f trade, business, profession
or occupation o f his employer.
Contractors
( 8 ) Every employer who owns any property upon which any
and
subcon- business is carried on, who contracts out the work on said premtractors.
.geg^
any contractor, subcontractor, person or persons who
shall hire four or more employees, or every employer who shall
operate his business exclusively or in part by leasing or con
tracting out any part or all o f the work thereof to any con
tractor, subcontractor, lessee, person or persons, shall be liable
for compensation to the said contractor, subcontractor, lessee,
person or persons and their employees, for injuries or death
under this act, and shall insure the same as herein provided,
unless within five days prior to the beginning o f said work or
business as aforesaid, he shall present in writing to the commis.sion satisfactory proof that said contractor, subcontractor, lessee,
person or persons, and his or their employees, have accepted this
act and have complied with the insurance provisions thereof, or
rejected this a c t : Provided, h ow ever, That if said employer, do
ing business as provided in this section, shall insure the risk o f
said contractor, subcontractor, lessee, person or persons, and their
employees, such employer may deduct the premium for the same
from the contract price or proceeds which may be due said con
tractor, subcontractor, lessee, person or persons.
Loaned em(4) W here an employer, who has accepted the provisions o f
ployees.
this act and has complied therewith, shall loan the service o f
any of his employees who have accepted the provisions o f this
act, to any third person, he shall be liable for any compensation
thereafter for any injuries or death o f said employee as in this
act provided, unless it shall appear from the evidence in said
case that said loaning constitutes a new contract o f hire between
the employee whose services were loaned and the person to whom
he was loaned.
Dependents.
( f ) I. For the purpose o f this act, the follow ing described
persons shall be conclusively presumed to be wholly dependent:
(1) The wife, unless it be shown that she was voluntarily
living apart from her husband at the time o f his injury or death,
and was not dependent in whole or in part on him for support.
(2 ) Minor children o f the deceased under the age o f sixteen
years. The term “ minor child ” shall include posthumous chil
dren and a child legally adopted prior to the injury.
TEXT OF COMPENSATION LAWS— COLORADO.
137
(3 )
Children between sixteen and eighteen years o f age, or
those over eighteen if physically or mentally incapacitated from
earning, shall, prima facie, be considered dependent.
II. The wife, children, husband, mother, father, grandmother,
grandfather, sister, brother, who were wholly supported by the
deceased workman at the time o f his death, and for a reason
able period o f time immediately prior thereto, shall be considered
his actual dependents, and payment o f compensation shall be
made to them in the order named.
III. Any member or members o f a class named in this section,
who regularly derived part of his support from the wages o f
the deceased workman at the time o f his death, and for a rea
sonable period o f time immediately prior thereto, shall be con
sidered his partial dependents, and payment of compensation
shall be made to sucji dependents in the order named.
IV. Compensation shall be payable to such dependents en- Payments to
titled thereto, subject to the provisions o f this act as to minimum dependents,
and maximum, without administration, on the basis of fifty per
cent of the average weekly wages o f the deceased for a period
of six years from the date o f the death of the injured workman,
less any sums paid to deceased prior to his death, as compensa
tion for disability as in this act provided. In all cases where
compensation is payable to dependents for the benefit of two or
more dependents, the commission shall have the power to de
termine, in its discretion, what proportion of the compensation
shall be applied for the benefit of each dependent, and may order
the same paid to a guardian or conservator, if necessary.
V. In case of remarriage o f a spouse without children, he 01* she Remarriage
shall receive a lump-sum settlement equal to one-half o f t h e of sP°use*
amount o f compensation remaining unpaid. This amount shall
be paid to such spouse within sixty days after written notice to
the commission of such remarriage. In case o f remarriage o f a
spouse who has dependent children, the unpaid balance o f com
pensation, which would otherwise become due to such spouse,
shall be paid to such children.
VI. Partial dependents shall be entitled to receive only that Partial d e
proportion of the benefits provided for actual dependents which Pendenis*
the average amount o f the wages, regularly contributed by the
deceased o f such partial dependent at and for a reasonable time
immediately prior to the injury, bore to the total income o f the
dependents during the same time. Where there are persons both
wholly dependent and partially dependent, only those wholly de
pendent shall be entitled to compensation.
V II. (1 ) Questions as to who constitute dependents, and the F i x i n g
extent o f their dependency, shall be determined as of the d a y s a us*
o f the accident to the injured workman, and their right to death
benefits shall become fixed as o f said time irrespective o f any
subsequent change in conditions, and the death benefits shall
be directly payable to the dependent or dependents entitled
thereto, or to their legal representatives.
(2)
When a right to death benefits shall have become fixed, P a y m e n t s
it shall cease upon the happening o f any one o f the follow in g cease* when,
contingencies:
(a ) Upon the marriage of the spouse, with the exception as
to lump-sum settlement, as hereinbefore provided.
(b ) When a child reaches the age o f eighteen years, unless
such child at such time is physically or mentally incapacitated
from earning.
(c ) Upon the death o f any dependent.
Provided, however, That in any case where the share o f any
dependent shall lapse, it shall survive to the remaining depend
ents.
V III. W here the deceased workman leaves no dependents, No dependents,
compensation shall be limited to medical, surgical and hospital
expenses as herein provided, and to a reasonable funeral ex
pense for such deceased, not to exceed the sum of seventy-five dol-
138
w o r k m e n ' s c o m p e n s a t io n
l e g is l a t io n .
lars, together with such sum as the deceased may have been paid
for disability.
Funeral exIX . I f death shall occur to the injured workman as the proxlpenses.
mate result o f the accident, and he leaves dependents entitled
to compensation, there shall be advanced within thirty days
after the said death the sum o f not to exceed one hundred dollars
for reasonable funeral and burial expenses, which said sum shall be
credited against and deducted from the compensation to be received
by said dependents, and this sum shall not be affected by the pro
visions o f this act relating to payments in gross.
Alien beneX . Death benefits under this act to dependents who are nonficiaries.
residents o f the United States shall be one-third o f the amount
which a dependent who is a resident o f the United States might
receive: Provided, That in no event shall death benefits to de
pendents who are nonresidents o f the United States exceed the
aggregate sum o f one thousand dollars.
Dependents X I. No dependent o f an injured employee shall be deemed,
whenntereSted’ during the life o f such employee, a party in interest to any pro
ceeding by him for the enforcement or collection o f any claim
for compensation, nor as respects the compromise thereof by such
employee.
Wage basis.
(g ) The average weekly wage o f the injured person at the
time o f the injury shall be taken as the basis upon which to
compute the benefits.
( 1 ) The average weekly earnings o f all employees shall be
taken at not less than the minimum nor more than the maximum
provided in this act. Between said limits, said average annual
earnings shall be determined as fo llo w s :
(2) Whenever the term wages is used it shall be construed to
mean the money rate at which the services rendered are recom
pensed under the contract o f hire in force at the time o f the
accident, either express or implied, and shall not include gratui
ties received from the employer or others; nor shall it include
board, lodging or similar advantages received from the employer,
unless the money value o f such advantage shall have been fixed
by the parties at the time o f the hiring; nor shall it include
amounts deducted by the employer under the contract o f hiring
fo r labor, material, supplies, tools and other things furnished and
paid for by the employer and necessary for the perform ance o f
such contract by the employee.
(3) The average weekly wage shall be computed as follow s’:
In seasonal employment or employments dependent upon the
weather the employee’s average weekly wage shall be one-fiftieth
o f the total wages he has earned in all occupations during the
year immediately preceding the accident, unless it be shown that
during said year, by reason o f exceptional causes, such method
o f computing does not ascertain fairly the earnings o f the em
ployee ; in which case the period o f calculation shall be extended
so as to give a basis for the fair ascertainment o f his average
weekly wages, but not to exceed a period o f two years.
A seasonable [seasonal] employment shall be defined to be an
employment which can not by reason o f conditions o f nature or
of business be pursued continuously throughout the year, but is
pursued intermittently, or is confined to certain seasons o f the
year. In all other cases the injured .employee’s average weekly
wage shall be taken to be five and one-half times his average
daily wage, excluding earnings from overtime, using as a basis
o f calculation in securing his average daily wage his earnings
from all employers during the six months immediately preceding
his accident: Provided, how ever, That if a fair average daily
wage can not be secured from his earnings in the preceding six
months, the earnings for the year immediately preceding his
accident may be used. Provided, That if the workman, has not
been employed six months, his daily average shall be taken from
the time he has worked.
Concurrent
Where an employee is working under concurrent contracts
contracts.
with four or more employers, his wages from all employments
TE X T OF CO M PEN SATIO N LAW S---- COLORADO.
139
shall be considered as if earned from the employer liable for com
pensation.
(4)
I f an employee is a minor, his average daily wage shall Minora,
be determined on the basis o f the earnings that such minor, if
not disabled or killed, would probably have earned. I f it is
established that the injured employee was o f such age and ex
perience when injured or killed, as that under natural condi
tions his wages would be expected to be increased, that fact may
be considered in arriving at his average weekly wage.
^5) The fact that an employee has suffered a previous disa- Second l a
bility, or received compensation therefor, shall not preclude com- juries,
pensation for a. later injury, or for d ea th ; but in determining
compensation for the later injury, or death, his average annual
earnings shall be such sum as will reasonably represent his
average annual earning capacity at the time o f the latter injury,
in the employment in which he was working at such time, and
shall be arrived at according to, and subject to, the limitations
o f the provisions of this section.
(h )
The term “ s a f e ” or “ s a fe ty ” as applied to an employ- “ Safety.**
ment or place of employment shall mean such freedom from
danger to the life, health and safety o f employees, and such
reasonable means o f notification, egress and escape in case o f
fire, as the nature of the employment w ill reasonably permit.
[Section 7 is amended by inserting in the second line, after
the word “ act,” the words “ including the provisions thereof
relating to insurance.”
Subsection 1 o f section 8 is amended by adding the words, “ and
where the employer has complied with the provisions thereof
regarding insurance.”
Subsection 3 of section 10 is amended by adding thereto the
fo llo w in g :]
Provided, That the State itself, and each county, city, town,
state, etc.,
irrigation, drainage, and school district therein, and each p u b l i c to insure i a
institution and each administrative board thereof shall in su restate fund*
and keep insured the payment o f such compensation in the State
compensation insurance fund.
[Section 11 is amended so as to read as fo llo w s :]
Sec. 11. Every insurance corporation or mutual corporation,
Duty of laand the State compensation insurance fund, authorized to trans- prance compa*
act business in this State, which insures employers againstmes*
liability for compensation under the provisions o f this act, shall
file with the commission its classification of risks and premiums
relating thereto, and any subsequent proposed classification o f
risks and premiums, together with basic rates and schedules, if
a system o f schedule rating be in use, none o f which shall take
effect until the commission shall have approved the same as
adequate for the risks to which they respectively apply. The
commission may withdraw its approval of any premium rate
or schedule made by any insurance corporation or mutual cor
poration, if, in its judgment, such premium rate or schedule is
inadequate to provide the necessary reserves. I f any insurance
carrier w illfully violates any o f the provisions o f this act, the
insurance commissioner, on the request o f the industrial com
mission, shall suspend or revoke the license or authority o f such
carrier to do a compensation business in this State.
Every contract for the insurance o f compensation herein pro- Provisioaaof
vided for, or against liability therefor, shall be deemed to b e policies*
made subject to the provisions o f this act, and all provisions
thereof in such insurance policy, inconsistent with the provisions
o f this act, shall be v o id ; and each such contract and each en
dorsement, rider, letter, or other document affecting such con
tract shall be of a standard form as nearly as possible, and be
approved by the industrial commission.
Every contract insuring against liability for comperfcation, or
insurance policy evidencing the same, must contain a clause
the effect that the insurance carrier shall be directly and pri
marily liable
the employee, and in the event o f his death,
to
to
to
140
w o r k m e n ’s
COM PENSATION LEGISLATION.
his dependents, to pay compensation, if any, for which the em
ployer is liable; that, as between the employee and the insur
ance carrier, the notice to or knowledge o f the occurrence o f the
injury on the part o f the employer shall be deemed notice or
knowledge, as the case may be, on the part o f the insurance
c a rrie r; that jurisdiction o f the employer shall, for the purpose
o f this act, be jurisdiction o f the insurance carrier, and that the
insurance carrier shall in all things be bound by and subject to
the orders, findings, decisions or awards rendered against the
employer under the provisions o f this act.
Such policy must also provide that the employee shall have a
first lien upon any amount which shall become owing on account
o f such policy to the employer from the insurance carrier and
that in case o f the legal incapacity or inability o f the employer to
receive the said amount and pay it over to the employee or his
dependents, the said insurance carrier may and shall pay the
same directly to the said employee or his dependents, thereby dis
charging to the extent o f such payments the obligations o f the
employer to the employee, and such policy shall not contain any
provisions relieving the insurance carrier from payment when
the employer becomes insolvent or is discharged in bankruptcy,
or otherwise, during the period that the policy is in operation
or the compensation remains owing.
State fund The State compensation insurance fund shall be open to visitato be inspected. ^ on anc] examination by the insurance commissioner, at all rea
sonable times, and the insurance commissioner may require from
the commission reports as to the condition o f such fund, as
required by law to be made by other insurance carriers doing busi
ness in this State, and it shall be the duty o f the insurance com
missioner to cause a thorough examination o f such fund to be
made during the month o f November o f each year, such exami
nation to be made by a competent, fair and impartial examiner,
selected by agreement o f the insurance commissioner and the
commission. Such examination shall be by an* actuary o f recog
nized standing, and free from any connection with any interests
opposed to the State compensation insurance fund.
[ Section 14 is amended by adding thereto the fo llo w in g : ]
Notice of inEvery employee who sustains an injury shall notify his em3uryployer o f said injury within two days o f its occurrence, unless said
employee shall be physically, or mentally unable so to do, or un
less his employer shall have actual notice o f said injury. I f said
employee shall fail to report said injury he shall lose one day’s
compensation for each day’s failure to so re p o rt: Provided, how
ever, That if anyone shall report the said accident for said in
jured employee within the time above specified, to his employer,
then the injured employee shall be relieved from reporting the
accident as provided above.
[Section 20 is amended by substituting for the word “ collected ”
in the last line thereof the w ord “ constituted.”
[Section 23 is amended by adding a proviso to subsection 7, also
by adding subsection 8 , as fo llo w s :]
Expenses.
Provided, That the traveling expenses o f any member or mem
bers o f the commission or o f any employee or employees thereof
incurred while on business o f the commission outside o f the State
o f Colorado shali be paid in the manner aforesaid, but only when
such expenses are, in advance, authorized to be incurred by the
commission and by the State auditing board.
Reinsurance,
8 . The commission may, with the approval o f the State auditing
board, secure reinsurance covering the catastrophe hazard with
respect to any risk or risks carried by the State compensation in
surance fund, and the State treasurer shall pay the premium for
such reinsurance from the State compensation insurance fund in
the manner provided by this act for other disbursements from said
fund.
[Section 28 is amended by adding another paragraph, as fol
lo w s :]
TEXT OF CO M PENSATION LAW S— COLORADO.
In determining the amount o f reserve to be laid aside to meet
deferred payments according to awards, such reserve shall be as
certained by finding the present worth o f such deferred payments
calculated at a rate o f interest not higher than four per cent per
annum and such calculation shall be made according to a table
of mortality not lower than the American Experience Table o f
Mortality.
141
Reserve,
[Sections 29, 31, 48 and 50 are amended so as to read as fol
lows :]
Sec. 29. The commission shall keep an accurate account o f the Separate acmoney paid in premiums by each o f the several classes and su b -c un ®"
classes o f occupations or industries, and the disbursements on ac
count o f injuries and death o f employees th ereof; and it shall also
keep an account o f the money received from each individual em
ployer and the amount disbursed from the State compensation in
surance fund on account o f injuries and death o f the employees o f
such em ployer: Provided, That the State compensation insurance
fund, including such portions o f said fund as may be derived from
premiums paid by the State, and its political subdivisions, shall be
one fund, indivisible, for the purpose of paying the compensation
and benefits provided by this act to the persons legally entitled
thereto.
/
The commission shall set aside such proportions, as it may deem fuifdu r P 1 u •
necessary, o f the earned premiums paid into the State compensa
tion insurance fund, as a contribution to the surplus o f the fu n d :
Provided, That until the surplus of the fund shall amount to the
sum o f five hundred thousand ($500,000) dollars, at least ten per
cent o f the earned premiums paid into the State compensation in
surance fund shall be so set aside.
It is the intention that the amounts raised for such State com- of ^ t e s stment
pensation insurance fund shall ultimately become neither more
r 8 *
nor less than to make said fund self-supporting, and the premiums
or rates levied for such purpose shall be subject to readjustment
from time to time by the commission, as may become necessary.
Sec. 31. The commission shall from time to time issue in proper Manual,
form for distribution a manual showing the rates o f premiums to
be paid to the State compensation insurance fund by the em
ployers o f the several classes and subclasses, based and deter
mined as in this act p rovided: Provided, That the commission
may, in its discretion, amend the rate or rates for any class or
classes, subclass or subclasses, by serving notice of such change or
changes in rate upon all policyholders affected thereby, at least
thirty (30) days before the date upon which any change is to
take effect: And provided, further, That no contract o f insurance
between the State compensation insurance fund and any employer
shall be in effect until a policy or binder has been actually issued
by the commission and the premium therefor paid as and when
required by the com m ission: And provided, f urther, That after
the inspection o f the premises o f any employer, the commission
may quote with respect to his risk a rate higher than that indi
cated by its manual as applicable to his risk.
As o f the first day o f January o f each year, and semiannually Distribution
thereafter, the commission shall tabulate the earned premiums
surplus,
paid by policyholders o f the State compensation insurance fund,
by classes and subclasses, and shall also tabulate the losses in
curred by the State compensation insurance fund by classes and
subclasses; should the experience o f the entire fund show a bal
ance to the credit o f the policyholders after the before-mentioned
amounts have been credited to the surplus fund, after payment
of all amounts w hich have fallen due because o f injury or death,
after setting aside reserves to carry all incurred losses to ma
turity, then the commission shall distribute such divisible surplus
to the policyholders o f such classes as have a balance to their
credit, in proportion to the premium paid by each such policy
holder during the preceding insurance period, and in proportion
w o r k m e n ’s
142
Second i
juries.
CO M PEN SATIO N LEG ISLATION.
to th e d iv is ib le s u r p lu s e a rn e d b y h is c la s s , or s u b c la s s , a s a c re d it
u p o n th e p re m iu m or p r e m iu m s n e x t d u e fr o m h im .
S e c . 4 8 . W h e r e a n in ju r e d e m p lo y e e h a s s u s ta in e d a p re v io u s
nin ju r y an d d is a b ility , a s a re su lt o f a n a c c id e n t p re v io u s ly s u s
ta in e d , c o m p e n sa tio n fo r a n y su b s e q u e n t a c c id e n t s h a ll b e d e
te rm in e d so lely u p o n th e in ju r y r e s u ltin g fr o m su c h su b se q u e n t
a c c id e n t, an d h e sh a ll be p a id o n ly fo r th e la tte r in ju r y a s i f su ch
p re v io u s a c c id e n t, in ju r y , an d d is a b ility h a d n o t occu rred .
Sec. 50. Every employer, regardless of his method o f insurance,
Medical, etc.,
benefits.
shall furnish such medical, surgical and hospital treatment,
medical, hospital and surgical supplies, crutches and apparatus as
may be reasonably needed at the time o f the injury and there
after during the disability, but not exceeding thirty days from
the date of the accident and $ 10 0 in value to cure and relieve
from the effects o f the in ju ry : Provided, T h a tjn ed ica l, surgical
and hospital treatment, payment for which is provided for in any
plan now in force between employer and his employees at the time
o f the enactment o f this act or which is thereafter agreed to by
the employer and employee, shall be deemed a full compliance
E s ta b lis h with the requirements o f this section and shall be received by
the employee in full accord and satisfaction th ereof: Provided,
ment funds.
however, That every plan in force between a n ’ employer and his
employees at the time o f the enactment of this act, or which is
thereafter agreed to between employer and employee, shall upon
the request o f the industrial commission, as hereinafter provided,
be submitted to it in detail for its approval or disapproval. Upon
the submission to the industrial commission o f any plan for
furnishing medical, surgical and hospital treatment, the commis
sion shall, within fifteen days after the submission o f such plan,
investigate the same, and shall submit in w riting its findings to
the parties to the said plan, with its approval, if in its discretion
the plan should be approved: Provided, how ever, That the com
mission shall approve any plan which, in reality, provides injured
employees with proper medical, surgical and hospital treatment as
required by this act.
If, however, the industrial commission shall not approve said
plan, it shall submit in writing its findings, together with such
suggestions as it may make, to said employer and employee, for
the purpose o f making said plan comply with the requirements o f
this section, and shall fix the time in which said plan shall be
altered or changed in accordance with the findings o f the commis
sion. Upon the service upon the employer o f the findings of the
industrial commission, the employer shall, within the time speci
fied in the findings o f the commission, change said plan in accord
ance with the findings and recommendations o f the commission.
I f the commission shall find from the facts that no workable
plan can be agreed upon between employer and employee, it may
require the em ployer to take out insurance covering the require
ments o f this section.
I f the employer, upon service upon him of the findings and
recommendations o f the commission, does not comply with the
same within the time specified therein, he shall not be entitled to
the benefit o f any such plan, but shall forthwith take out insur
ance covering the requirements o f this section, and during such
failure shall be liable for medical, surgical and hospital attention,
as if no such plan had been made.
It shall be the duty o f the industrial commission as soon aa
practicable after the passage of this act, to make full investigation
o f all plans now in force for the purpose o f determining whether
said plans comply with this section and actually do provide the
injured employee with the proper medical, surgical and hospital
attention required by this section.
When any dispute arises between any insurer or employer and
any physician and surgeon in the State, in regard to the payment
fo r medical, surgical or hospital services rendered by virtue o f
this section, the commission shall have the power to hear the
same and fix the value o f said services. The commission may, in
TE X T OF COM PENSATIO N LAW S---- COLORADO.
143
its discretion, establish a schedule o f fees as the basis upon which
the medical services under this section shall be compensated, and
said schedule shall be the basis upon which medical, surgical and
hospital services under this section shall be compensated.
[Section 52 is amended by substituting twenty-second for
twenty-ninth in the first paragraph ; also by substituting two
weeks for three weeks in paragraphs (a ) and ( b) . The latter
substitution is also made in section 53.
The second item in the schedule in section 54 is amended so as
to r e a d : “ The loss o f a forearm between the wrist and elbow,
139 w eek s; ” 139 weeks compensation is also allowed for total
deafness of the second ear, instead o f 104 weeks as formerly.
A new paragraph ( f ) is added to this section, as fo llo w s :]
(f)
When an injured workman sustains two injuries coming
under this schedule, the disability specified herein shall be added,
and the injured workman shall receive the sum o f the two.
[Section 62 is amended by adding the words, “ and that any
disability beginning more than five years from the date o f the
accident shall be conclusively presumed not to be due to such
accident.”
Sections 67 and 77 are amended so as to read as fo llo w s :]
Sec. 67. The State treasurer is hereby authorised to deposit or
Deposit • !
invest any portion o f the State compensation insurance fund not funds*
needed for immediate use, in the same manner and subject to all
provisions o f law with respect to the deposit or investment of
State funds by such treasurer, and the State treasurer may
deposit or invest the surplus and reserves of the said fund or any
portion thereof in any warrants or bonds of the State of Colorado,
and all interest earned by such portion or portions of the State
compensation insurance fund as may be deposited or invested shall
be collected by the State treasurer and placed to the credit o f such
fu n d : Provided, however, That none of the funds belonging to the
State compensation insurance fund shall be used for any other
purpose whatsoever save those of said fund. Said industrial com
mission shall determine and notify the State treasurer in writing,
the amount or percentage o f said State compensation insurance
fund which in the judgment of the commission may be so invested
by the State treasurer.
Sec. 77. No action, proceeding or suit to set aside, vacate or Vacating o»amend any finding, order or award o f the commission, or to enjoin ders*
the enforcement thereof, shall be brought unless the plaintiff shall
have first applied to the commission for a hearing thereon as
provided in this act, and unless such action, proceeding or suit
shall have been commenced within sixty days after final decision
by the com m ission: Provided, how ever, That no action shall be
maintained in the district court to set aside a decision o f the com
mission, unless prior to the bringing o f such action within thirty
days after final determination by the commission, a verified peti
tion for rehearing as hereinafter provided shall be filed with the
industrial commission setting forth all o f the alleged errors o f
the commission.
CONNECTICUT.
ACTS OF 1917.
C h a p ter 368.— Compensation o f workm en fo r injuries.
[This act amends various sections o f chapter 138, acts o f 1913.
Section 6 o f part B is amended by adding thereto the follow in g :]
No compromise with snch third person by either employer or
employee shall be binding upon or affect the rights o f the other, person.
1r
unless assented to by him.
[Section 7 is amended by inserting after the word “ community,”
in the next to the last sentence, the words “ or similar communi
ties.”
Section 8 is amended so as to read as fo llo w s :]
S ection 8 . No compensation shall be payable for total or partial W a i t i n g
incapacity under the provisions o f this act on account o f any in- time,
jury which does not incapacitate the injured employee for a period
of more than seven days from earning full wages at his customary
employment; but if incapacity extends beyond a period o f seven
days compensation shall begin at the expiration o f the first seven
days o f total or partial incapacity. In all contracts between parties
subject to part B, the injured employee shall be entitled to full
wages for the entire day of the injury and said day shall not be
counted as a day of incapacity.
[Section 9 is amended by increasing from $10 to $14 the maxi
mum weekly allowance for death.
Section 10 is amended by adding thereto the follow in g :]
The other half of the normal compensation may be paid in ac- Resident de
cor da nco with the rules o f apportionment herein provided to such pendents,
persons resident in the United States, or its dependencies, or
Canada, if any there be, as would be entitled to compensation
were there no such nonresident alien dependents.
[Section 11 is amended by increasing from $10 to $14 the m axi
mum weekly allowance for total disability. The same change is
made in section 12, for partial disability. The follow ing is also
added to section 1 2 :]
In case the injury shall consist o f the loss o f a substantial part £ ?|rtial loss
o f a member resulting in a permanent partial loss of use of the
e*
member, or in case the injury results in a permanent partial loss
.of function, the commissioner may in his discretion, in lieu o f
other compensation, award to the injured person such a propor
tion o f the sum herein provided for the total loss or loss of use o f
such member or for incapacity or both as shall represent the pro
portion o f total loss or loss o f use found to exist, and any volun
tary agreement submitted in which the basis o f settlement is such
proportionate payment, may, if otherwise conformable to the act,
be approved by the commissioner in his discretion. The word
“ member ” shall include all portions o f the human body referred
to in subsections (a ) to ( k) , both inclusive.
[Section 13 is amended by adding thereto the follow in g :]
For the purpose o f determining the amount o f compensation to Minors,
be paid in the case o f a minor under the age of eighteen years who
has sustained an injury entitling him to compensation for total
or partial incapacity for a period of fifty-two or more weeks, or to
specific indemnity for any of the injuries enumerated in subsec
tions (a ) to ( k) , both inclusive, o f the last preceding section, the
commissioner may add fifty per centum to his average weekly
wage.
_ . ,. ..
[Section 15 is amended by adding thereto the follow in g :]
coJurisdiction
The compensation commissioner shall retain jurisdiction over
claims for compensation, awards and voluntary agreements, for
??j?
45615°— Bull. 243— 18------ 10
145
146
w o r k m e n ’s
CO M PEN SATION LEGISLATION.
any proper action thereon, during the whole compensation period
applicable to the injury in question.
[Section 19 is amended so as to read as fo llo w s :]
Salaries and
S e c . 19. Each o f the commissioners shall receive a salary o f
expenses.
f 0ur thousand dollars per annum, payable in equal monthly in
stallments, and in addition, such allowance, not exceeding five
thousand dollars per annum, as may be approved by the comp
troller for expenses incurred in the discharge o f his duties, but
the comptroller shall not allow as expenses any sum in excess o f
the amount appropriated th erefor; and said provision for expenses
o f commissioners shall also apply to expenses heretofore incurred
for the years ending September 30, 1916, and September 30, 1917.
[Section 20 is amended to read as fo llo w s :]
Reports o f
S e c . 20. Every employer who has accepted the provisions of
accidents.
part B o f this act shall keep a record o f such injuries sustained
by his employees in the course o f their employment as result in
incapacity for one day or m ore; and every such employer shall
send each week to the commissioner such report o f such injuries,
in duplicate, as the commissioner shall require, with such notices
o f claims for compensation as have been served upon him within
one week, in conform ity with the provisions o f section twenty-one.
No other report o f injuries to employees shall be required by any
department or office o f the State from such employers as have
accepted part B. The duplicates o f such reports shall be trans
mitted to the factory inspector.
[Section 22 is amended by substituting for the words “ two
weeks after the date o f the injury ” in the first sentence, the words
“ the expiration o f the waiting p e r i o d a l s o by adding thereto
the follow in g :]
Notice of dis Before discontinuing payments on account o f total or partial
continuance of
incapacity under any such agreement, the employer shall notify
payments.
the commissioner and the employee o f the discontinuance of such
payments, with the date o f such discontinuance, and the reason
therefor, and until such notices are sent to the commissioner and
said employee, the liability for such payments shall continue,
unless otherwise ordered by the commissioner.
[Section 27 is amended by adding thereto the fo llow in g :]
Costs.
Provided, Whenever any appeal shall be taken to the superior
court from the finding and award o f a compensation commissioner,
and such appeal shall be found by said court to be either frivo
lous, or taken for the purpose o f vexation or delay, said court may
tax costs in its discretion against the person so taking such appeal.
[Section 36 is amended so as to read as fo llo w s :]
Exemption,
S e c . 3 6 . All sums due for compensation under the provisions o f
etC’’ts°f p a y this act shall be exempt from levy, attachment and execution and
men *
shall be nonassignable before or after award. The rights o f
compensation granted by this act, reckoned at their present value,
shall have the same preference against the assets o f an employer
as may be allowed by law to a claim for the unpaid wages o f
workmen earned within three months.
[Section 42 is amended by adding to the first sentence thereof
the follow in g :]
Indi vi dual and if such employer be a corporation or joint-stock association,
liability.
such action may be brought against any or all o f the directors o f
such corporation, or joint-stock association, who shall be individu
ally and jointly and severally liable for any damage suffered by
such employee.
[The fo llo w in g n e w m a tte r is a d d e d to p a r t B, a n d h a s b een
g iv e n se c tio n n u m b e r s b y th e c o m p e n sa tio n c o m m is s io n e r s :]
C e r tific a te s
g EC> 45 . A n y e m p lo y e r w h o h a s co m p lie d w ith th e p r o v is io n s o f
s y s t e m s to b e se c tio n tw e n ty -n in e h e r e o f b y e n te rin g in to a n a g re e m e n t w ith
filed.
h is e m p lo y e e s to p ro v id e a sy ste m o f c o m p e n sa tio n , b en efit an d
in su r a n c e in lie u o f th e c o m p e n sa tio n an d in s u ra n c e p ro v id e d b y
th is a ct, w h ic h a g re e m e n t h a s been ap p r o v e d b y th e in s u ra n c e
c o m m is s io n e r ; o r a n y e m p lo y e r w h o h a s c o m p lie d w ith th e p ro
v is io n s o f se c tio n th ir ty h e r e o f b y filin g w ith th e in su ran ce co m
m issio n e r se c u rity g u a r a n te e in g th e p e r fo r m a n c e o f h is o b lig a
tio n s u n d e r th is a c t ; or b y in su r in g h is f u ll lia b ility , or b y a
TEXT o r CO M PENSATIO N LAW S— C O N N ECTICU T.
147
combination o f the two last-named methods approved by the in
surance commissioner, may file in the office o f the commissioner
who may have jurisdiction in case o f injury, a certificate issuing
out o f the office o f the insurance commissioner stating that such
substitute system has been approved or that such security guar
anteeing the perform ance o f the obligations o f this act has been
filed with and accepted by said insurance commissioner, or that
a combination of the methods contemplated in section thirty has
been approved. Any employer who has insured his full liability
may file a certificate setting forth such fact and stating the date
of expiration o f such insurance, which certificate shall thereupon
become a part o f the records o f the office o f said compensation
commissioner. Whenever any person shall present in writing to
the commissioner a claim for compensation, either for injury sus
tained by himself arising out of and in the course o f his employ
ment or for injury resulting in the death o f some person o f whom
he is an alleged dependent, he may ask that a w rit o f attachment
issue to secure the payment o f such claim or claims for compen
sation as may arise out o f such injury. Unless it shall appear
from the records o f said compensation commissioner that there
has been a compliance with the provisions o f section twenty-nine
or section thirty, which compliance is then effective, said com
pensation commissioner may issue a w rit of attachment in the
manner and form o f w rits o f attachment in civil actions, and
said commissioner is vested with the same jurisdiction as au
thorities authorized to issue w rits o f attachment in civil actions.
Should any such w rit be issued and should it thereafter appear
to the satisfaction o f the compensation commissioner that there
has been a compliance with the provisions of section twenty-nine
or thirty hereof, which compliance was then effective and appli
cable to the injury in question, the compensation commissioner
may thereupon vacate such w rit o f attachment on the payment
by the employer o f the expense actually incurred under said
w rit o f attachment. The several compensation commissioners are
vested with the authority of the various courts to dissolve attach
ments made under the authority hereinbefore conferred, and on
the dissolution o f an attachment may require the substitution of
a bond in the same manner as any court upon the dissolution o f
attachments in civil actions.
Sec. 46. When, in any case arising under the provisions o f this
Reference to
act, the superior court shall be o f opinion that the decision in- supreme court,
volves principles o f law which are not free from reasonable doubt,
and which public interest requires shall be determined by the
supreme court of errors, in order that a definite rule be estab-.
lished applicable to future cases, said court may, on its own
motion and without any agreement or act o f the parties or their
counsel, reserve such case for the opinion o f the supreme court o f
errors. Upon a reservation so made, no costs shall be taxed in
favor o f either party, and no entry fee, record fee, judgment fee
or other clerk’s fee in either court shall be taxed.
Sec. 47. Whenever any person having a contract o f employment,
Waivers b y
or desiring to enter into a contract o f employment, shall have any defective e mphysical defect which imposes upon his employer or prospective Ployees*
employer an undue or unusual hazard, it shall be permissible for
such person to waive in writing for himself or his dependents or
both, any rights to compensation under the provisions o f this act
for any personal injury arising out o f and in the course o f his
employment which may be found by the commissioner having
jurisdiction to be directly due to such physical defect. No such
waiver shall become effective unless the physical defect in ques
tion shall be plainly described therein, nor until the commis
sioner having jurisdiction shall find that the person signing such
waiver fully understands the meaning thereof, nor until such com
missioner shall, in writing, approve thereof and furnish each o f
the parties thereto with a copy thereof. No such waiver shall be
a bar to a claim by the person signing the same, or his dependents,
fo r compensation for any injury arising out o f and in the course
148
w o r k m e n 's
COM PENSATION LEGISLATION.
o f his employment, which injury shall not be found to be directly
due to the particular condition described therein,
acts^of rinsur^EC'
Whenever the compensation commissioners, or a maa n c e compa"
o f them, shall find that any insurance company or associa
te s .
tion insuring the liability o f an employer under the provisions
o f this act is conducting such business improperly or is dilatory
in investigating and adjusting claims or making payments, or fails
to comply with the provisions of this act or the rules, procedure
and forms adopted by the com m ission then said commissioners,
or a m ajority o f them, shall notify the insurance commissioner, in
writing, setting forth the facts, and thereupon the insurance
commissioner shall fix a time and place for a hearing thereof,
giving reasonable notice to the commissioners and to such com
pany or association o f such hearing, and if he shall find the alle
gations to be true, he may either suspend for a time or revoke
the license of such company or association to transact such busi
ness in this State.
Awards f o r
Sec. 49. Whenever any fees or expenses are, under the profeesvisions o f this act, to be paid by the employer or insurer, and not
by the employee, the commissioner may make an award directly
in favor of the person entitled, which award shall be filed in
court, shall be subject to appeal, and shall be enforceable by exe
cution as in other cases. Such award may be combined with an
award for compensation in favor o f or against the injured em
ployee or the dependent or dependents of a deceased employee or
be the subject o f an award covering only such fees and expenses.
Employees of
Sec. 50. In determining the number of employees regularly emindividuals.
ployed by an individual, the employees of a partnership of which
he is a member shall not be included.
G en er al P r o v isio n s .
Decisions to
puDiisned.
Sec. 51. The comptroller is directed to cause a digest o f the de-
cisi0ns 0f the compensation commissioners to be compiled, either
in one volume or in parts, to include also decisions of the superior
court in compensation cases and decisions or references to deci
sions o f the supreme court o f errors in such cases, and to have
published twenty-five hundred copies thereof for distribution by
him as fo llo w s : To the commissioners, seven hundred copies, to
the State librarian, three hundred copies, and to the secretary o f
the State, for sale by him at cost, fifteen hundred copies.
Approved, May 16, 1917.
C h a p te r 116.— W orkmen's compensation commission— R eports.
Biennial re- * S ectio n 1. The
ports*
workmen’s compensation commissioners shall
biennially prepare and submit to the governor a report o f their
doings in conform ity with the provisions o f section 187 o f the
general statutes, including such recommendations as they shall
think proper.
Approved, April 10, 1917.
C h a p te r 126.— W orkm en’s compensation insurance.
Insurance
S ec tio n 1. Every insurance company writing compensation in
companies t o surance shall report in writing to the compensation commissioner
report.
having jurisdiction o f the district in which an employer is in
sured and to the commissioner in each district in which such
employer employs labor, the name o f the person or corporation
insured, the day on which the policy shall become effective, and
the date o f its expiration, which report shall be made within
one week from the date of the policy. The cancellation o f any
policy so written and reported shall not become effective until
one week after notice o f such cancellation has been filed with
the commissioner or commissioners with whom such report is
filed. Any insurance company violating any provision o f this act
shall be fined not less than one hundred dollars nor more than
one thousand dollars for each offense.
Approved, April 10, 1917.
DELAW ARE.
ACTS OF 1917.
C h a p te r 233.— Compensation o f workmen fo r injuries.
S ec tio n 1. Chapter 90 o f the Revised Code o f the State o f
D elaware is hereby amended by adding a new article thereto,
entitled, “ Masters, apprentices and employees— Article 5.— The
D elaware workmen’s compensation law o f 1917,” and the follow lowing new sections to be styled as 3193a section 94 to 3193xx
section 143, inclusive.
3193a. S ec tio n 94. This article shall go into effect on the first Act In effect
day o f September, A. D. 1917, and shall be briefly known as and
cited as “ The Delaware workmen’s compensation law o f 1917.”
Title.
3193b. Sec. 95. In any action instituted by any person what- Defenses absoever on or after the first day o f September, A. D. 1917, to re-rogated.
cover damages for personal injury sustained by an employee by
accident arising out o f and in the course o f his employment
within this State on or after said date, or for death resulting
from injury so sustained, it shall not be a defen se:
(a ) That the injury or death was caused in whole or in part
by the want o f ordinary or reasonable care of, or by the negli
gence of, a fellow em ployee; or
(b ) That the employee had either expressly or impliedly as
sumed the risk o f the in ju r y ; or
(c ) That injury was caused in any degree by the negligence
o f such employee; but the foregoing provisions o f this section Exceptions,
shall not apply to an action instituted by any person whatsoever
to recover damages for injuries to or death of an employee who
shall have elected not to operate under the compensatory pro
visions o f the subsequent sections o f this article, nor to an
action instituted against any employer to recover damages for
injuries to or death o f an employee, when such employer shall
.have elected to operate under the compensatory provisions o f
the subsequent sections o f this a rticle : Provided, hoioever, That
when both the employer and the employee shall have elected not
to operate under the compensatory provisions of the subsequent
sections of this article, then and in such case the employer shall
be deprived o f the right o f interposing the defenses mentioned in
this section the same as though he alone had rejected the terms
o f the subsequent sections of this article.
3193c. Sec. 96. In any action at law contemplated by the last Plaintiff t e
preceding section, the plaintiff shall be required to file with h is show status,
declaration or other first pleading, a certificate o f the industrial
accident board showing the status o f the injured employee and
his employer at the time o f the injury, with respect to election
or refusal o f the employee and employer to be bound by the
compensatory provisions o f this' article.
3193d. Sec. 97. Every employer and employee shall be con- Election preclusively presumed to have elected to be bound by the compen- sumed.
satory provisions o f this article and to have accepted the pro
visions of this article, respectively, to pay and to accept com
pensation for personal injury or death by accident arising out
o f and in the course o f the employment, regardless o f the question
o f negligence, and to the exclusion o f all other rights and remedies,
unless prior to such injury or death, either party shall have
given notice to the other party in the time and manner hereinafter
specified. A like presumption shall exist in.the case o f all minors
149
150
w orkm en
’s
c o m p e n s a t io n
l e g is l a t io n
.
employed unless the notice above referred to be given by or to
the parent or guardian o f such minor. Every election to be bound
by the compensatory provisions o f this article shall be conclusively
presumed to be coextensive with the contract o f hire between the
employer and employee.
Waiving ex3193e. Sec. 98. Either an employer or an employee who has
emptions.
excepted himself by proper notice from the operation o f the com
pensatory provisions of this article, may, at any time, waive such
exemption and thereby accept the compensatory provisions o f this
article by giving the notice provided in 3193 f. section 99 hereof.
' ^ Notice^of re- 3 1 9 3 f # g EC> 99 . Notice o f election not to be bound as set forth
jection
-n 3 ^ 9 3 d section 97 hereof, and notice of acceptance as set forth
in 3193 e. section 98 hereof, shall be made in the follow ing man
ner :
By employer;
gy
employer by causing a printed notice thereof, in
large type, to be posted in a conspicuous place in the plant, shop,
office, room or place where the employee is employed, and where it
may readily be seen by his employees, or by serving such notice
personally upon the employee. The employer shall also immedi
ately follow ing the posting or serving o f such notice file with the
industrial accident board an affidavit showing compliance with
the above provisions o f this section with respect to the posting
or serving o f such notice.
By employee.
(b ) By the employee by mailing to his employer at the place
where said employee is employed, or to the employer’s office or
place o f business, a written declaration in ordinary language o f
such election or acceptance; or by serving such written declara
tion personally upon the employer or any o f his agents upon
whom a summons in a civil action may be served under the laws
of the State. The employee shall also immediately follow ing the
mailing or serving o f such notice file with the industrial acci- dent board an affidavit showing compliance with the above pro
visions o f this section with respect to mailing or serving o f such
notice. Any such notice mentioned in this section shall be given
thirty days prior to any accident resulting in injury or death :
Provided, That if any such injury occurred less than thirty days
after the date o f employment, notice o f such exemption or ac
ceptance given at the time o f employment shall be sufficient
notice thereof. Election by both the employer and employee to
be bound as set forth in this section shall operate as a sur
render by said parties o f their rights to any other form or
amount o f compensation 01* damages for any injury or death
arising out o f and in the course o f the employment or to any
method o f determination thereof other than is provided in the
compensatory provisions o f this article, and when at the time
o f any injury, both the employer and employee are bound as afore
said, all other persons whatsoever having any rights o f any
character, with respect to, or growing out o f such injury, or
death resulting therefrom, shall also be bound.
biddenVerS
3193 g. Sec. 100. No agreement, rule, regulation or other de
vice shall in any manner operate to relieve any employer or em
ployee in whole or in part from any liability created by this
.
aiticle, except as herein specified,
time.
n S 3 19 3
SecNo compensation shall be paid under this
• article for any injury which does not incapacitate the employee
for a period o f fourteen calendar days from earning full wages,
but if incapacity extends beyond the period o f fourteen calendar
days, compensation shall begin on the fifteenth day after the in
ju ry f Provided, how ever, That during said fourteen days, the
employer shall, if so requested by the employee, or if so ordered
by the industrial accident board, furnish free o f charge to the
Medical, etc., injured employee, all medical and surgical aid and assistance that
aidmay be reasonably required, including hospital service, not to
exceed twenty-five dollars in value.
expense?1, etC’’
3193 i. Sec. 102. I f death results from the injury within one
year, the employer shall pay the reasonable expenses o f the last
sickness and burial o f an injured employee, not exceeding one
TE X T OF COM PENSATION LAW S---- DELAW ARE.
151
hundred dollars, but without deduction o f any amount theretofore
paid for compensation or for medical expenses.
3193 j. Sec. 103. The follow ing schedule o f compensation is Co mp e n s a hereby established for injuries resulting in d isab ility:
p tl0n for
(a ) For the first two hundred and seventy weeks after the four- Total disabUteenth day or total disability for work, fifty per cent o f the ity ;
wages received at the time o f injury, but the compensation shall
not be more than ten dollars per week, nor less than four dollars
per w eek: Provided, That, if at the time o f injury, the employee
receives wages o f less than four dollars per week, then he shall
receive the full amount o f such wages per week as compensation.
And after the first two hundred and seventy weeks o f total dis
ability for work, for the remainder o f the life of the employee,
twenty per cent o f the wages received at the time o f the injury,
but the compensation shall not be more than six dollars per
week, nor less than two dollars per w eek : Provided, That, if at
the time o f the injury, the employee received wages o f less than
tw o dollars per week, then he shall receive the full amount o f
such wages as compensation. Nothing in this subsection (a ) shall
require the payment o f compensation after disability shall cease.
Should total disability be follow ed by partial disability, the period
o f two hundred and seventy weeks mentioned in this subsection
(a ) shall be reduced by the number o f weeks during which com
pensation was paid for such total disability. The foregoing pro
visions o f this subsection (a ) are subject to the proviso that in no
such case shall the total compensation exceed the sum o f four
thousand dollars.
(b ) For disability for work partial in character {except the ^ j J ^ a l disparticular cases mentioned in the next succeeding subsection (c )
o f this section), fifty per cent of the difference between the wages
received before the injury and the wages at which the employee
is actually employed after the injury, but such compensation shall
not be more than ten dollars per week. This compensation shall
be paid during the period o f such partial disability for work, not,
however, beyond two hundred and seventy weeks after the four
teenth day o f such disability. Should partial disability for w ork
be follow ed by total disability for work, the period o f two hun
dred and seventy weeks mentioned in this subsection (b ) shall be
reduced Ly the number of weeks during which compensation was
paid for such partial disability.
(c ) For all disability for work resulting from permanent inScneauie.
juries o f the follow ing classes, the compensation shall be exclu
sively as follow s:
For the loss of a hand, fifty per cent o f wages drying one hun
dred and fifty-eight weeks.
For the loss o f an arm, fifty per cent o f wages during one hun
dred and ninety-four weeks.
For the loss o f a foot, fifty per cent of wages during one hun
dred and thirty-five weeks.
For the loss o f a leg, fifty per cent o f wages during one hun
dred and ninety-four weeks.
For the loss o f an eye, fifty per cent o f wages during one hun
dred and thirteen weeks.
For the loss o f any tw o or more o f such members, not consti
tuting total disability for work, fifty .per cent o f wages during
the aggregate o f the period specified for each.
The loss o f both hands or both arms, or both feet, or both legs,
or both eyes, or an injury to the spine resulting in permanent and
complete paralysis o f both legs, or both arms, or of one leg, or o f
one arm, or an injury to the skull resulting in incurable imbecility
or insanity, shall constitute total disability for work, to be com
pensated according to the provisions o f subsection ( a) . Amputa
tion between the elbow and the wrist" shall be considered as the
equivalent o f the loss o f a hand, and amputation between the knee
and the ankle shall be considered as the equivalent o f the loss o f
a foot. Amputation at or above the elbow shall be considered as
the loss o f an arm, and amputation at or above the knee shall be
152
w o r k m e n ’s
COM PENSATIO N LEGISLATION.
considered as the loss o f a leg. Permanent loss o f the use o f a
hand, arm, foot, leg or eye, shall be considered as the equivalent
o f the loss o f such hand, arm, foot, leg or eye.
* This compensation shall not be more than ten dollars per week,
nor less than four dollars per w eek: Provided, That, if at the
time o f injury, the employee receives wages of less than four dol
lars per week, then he shall receive the fu ll amount o f such wages
per week as compensation.
Compensation
(d ) Should the employee die as a result o f the injury, the
°r
period during which compensation shall be payable to his depend
ents under the next succeeding section shall be reduced by the
period during which compensation was paid to him in his lifetime
under this section o f this article. No reduction shall be made for
the amount which may have been paid for medical, surgical and
hospital services and medicines nor for the expenses o f last sick
ness and burial as hereinbefore provided. Should the employee
die from some other cause than the injury as herein defined, the
liability for compensation, expenses of last sickness and burial o f
such employee, shall cease.
Death bene3193 k. Sec. 104. In case of death, compensation shall be com
fits*
puted on the follow ing basis and distributed to the follow ing per
sons :
1. To the child or children, if there be no widow, nor w idower
entitled to compensation, twenty-live per cent o f wages o f de
ceased, with ten per cent additional for each child in excess o f
two, with a maximum o f sixty per cent, to be paid to their
guardian.
2. To the widow or widower, if there be no children, twenty-five
per cent o f wages.
'
3. To the widow or widower, if there be one child, forty per cent
o f wages.
4. To the widow or widower, if there be two children, fortyfive per cent o f wages.
5. To the widow or widower, if there be three children, fifty
per cent o f wages.
6 . To the widow or widower, if there be four children, fiftyfive per cent o f wages.
7. To the widow or widower, if there be five children or more,
sixty per cent o f wages.
Such compensation to the w idow or widower shall be for the
use and benefit o f such widow or widower and o f the dependent
children, and the industrial accident board may from time to
time apportion such compensation between them in such way
as it deems best. The industrial accident board, in its discretion,
may require payments to be made direct to a minor who has been
injured, and may also require payments to be made to the person
caring for any dependent minor, when, in the opinion o f the
industrial accident board, the expense o f securing the appoint
ment of a guardian would be disproportionate to the amount o f
compensation payable to such minor.
8 . I f there be neither widow, w idower nor children, then
to the father and mother, or the survivor o f them, if dependent
to any extent upon the employee for support at the time o f his
death, twenty per cent o f wages.
9. I f there be neither widow, widower, children nor dependent
parent, then to the brothers and sisters, if actually dependent
to any extent upon the decedent for support at the time of his
death, fifteen per cent o f wages for one brother or sister, and
five per cent additional for each additional brother or sister,
with a maximum o f twenty-five per cent; such compensation to
be paid-to their guardian.
Age of chilCompensation shall be payable under this section to or on acdren.
count o f any child, brother or sister, only if and while such
child, 'brother and sister, is under the age o f sixteen years. No
D e p e ndence compensation shall be payable under this section to a widow,
of 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,
T E X T OF COM PENSATION LAW S---- DELAW ARE.
153
but m such case, compensation shall be distributed to the persons
who would be dependents in c3se there were no widow. No com
pensation shall be payable under this section to a widower, un- Widower,
less he be incapable o f self-support at the time o f his w ife’s
death and be at such time dependent upon her for support.
The terms “ child ” and “ children ” shall include stepchildren
and adopted children if members o f the decedent’s household at
the time o f his death, and shall include posthumus children, but
shall not include married children.
Should any dependent o f a deceased employee die, 01* should Termination
the widow or widower remarry, or should the widower becom e of payments,
capable of self-support, the right o f such dependent or such
w idow or widower to compensation under this section shall cease.
I f the compensation payable under this section to or on ac
count o f any person shall for any cause cease, the compensation
o f the remaining persons entitled thereunder shall thereafter be
the same as w ould have been payable to them had they been the
only persons entitled to compensation at the time of the death
o f the deceased: Provided, hovsever, That the period shall be
reduced by the number o f weeks during which payments were
made to the deceased.
The wages upon which death compensation shall be based shall Basic wages,
not in any case be taken to exceed twenty dollars per week nor to
be less than eight dollars per week. Subject to the provision o f
subsection (d ) o f the last preceding section, this compensation shall
be paid during two hundred and seventy weeks and in the case
o f children entitled to compensation under clause 1 of this section,
the compensation o f each child shall (if the other parent be dead
or have abandoned such child) continue until such child reach the
age of sixteen, at the rate of fifteen per cent of wages if there be but
one child, with ten per cent additional for each additional child,
w ith a maximum o f sixty per cent.
3193 1. Sec. 105. Unless the employer shall have :xtual knowl- Notice of acedge o f the occurrence o f the injury, or unless the employee or Cldent*
some one on his behalf, or some o f the dependents, or some one
on their behalf, shall give written or printed notice thereof to the
employer within fourteen days after the accident, no compensation
shall be due until such notice be given or knowledge obtained. I f
such notice be given or the knowledge obtained after fourteen
days, but within thirty days after the accident, the delay shall
not bar compensation unless the employer shall show that he
was prejudiced thereby, and then only to the extent o f such preju
dice. I f such notice be given or the knowledge obtained after
thirty days but within ninety days after the accident, and if the
employee or other beneficiary shall show that his delay in giv
ing notice was due to his mistake or ignorance of fact or o f law, or
to his physical or mental inability, or to fraud, misrepresenta
tion or deceit o f the employer or someone authorized to represent
such employer, or to any other reasonable cause or excuse, then com
pensation shall be alloVed, except to the extent that the employer
shall show that he was prejudiced by such delay. Unless knowl
edge be obtained or such notice given within ninety days after
the accident, no compensation shall be allowed.
The notice referred to in this section shall be in writing and
shall be sufficient to inform the employer that a certain em
ployee, by name and residence, received an injury by accident
(the character of which is described in ordinary language), aris
ing out o f and in the course o f his employment on or about a
time specified and at or near a place specified.
3193 m. Sec. 106. A fter an injury,, and during the period o f Medical e x resulting disability, the employee, if so requested by his em- animations,
ployer, or ordered by the industrial accident board, must submit
himself for examination at reasonable times and places and as
often as may be reasonably requested, to a physician or physicians
legally authorized to practice his or their profession under the
laws o f such place, who shall be selected and paid by the em
ployer. I f the employee requests, he shall be entitled to have
a
154
w o r k m e n ’s
c o m p e n s a t io n
l e g is l a t io n
.
physician or physicians, qualified as aforesaid, o f his own selec
tion, to be paid by him, present to participate in such examina
tion. For all examinations after the first, the employer shall
pay the reasonable traveling expenses and loss o f wages incurred
by the employee in order to submit to such examination. The
refusal o f the employee to submit to such examination or his ob
struction of such examination shall deprive him o f the right to
compensation under this act during the continuance o f such re
fusal or obstruction, and the period o f such refusal or obstruc
tion shall be deducted from the period during which compen
sation would otherwise be payable. No fact communicated to
or otherwise learned by any physician or surgeon who may have
attended or examined the employee, or who may have been present
at any examination, shall be privileged either in the hearings
provided for in this article, or in any action at law.
3 1 9 3 n. Sec. 1 0 7 . I f the employer and the injured employee, or
Settlement
by agreement. his dependents in case o f his death, reach an agreement in re
gard to compensation in accordance with the provisions o f this
article, a memorandum o f such agreement, signed by the parties
in interest, shall be filed with the industrial accident board, and if
approved by it, shall be deemed final and binding unless modified
as provided in 3 1 9 3 p, section 10 9 . Such agreement shall be ap
proved by said board only when the terms thereof conform to the
provisions o f this article.
Notice to ac
3 1 9 3 o. Sec. 10 8 . I f the employer and the employee, or his de
cident board.
pendents in case o f his death, fail to reach an agreement in regard
to compensation under this article, or if, after they reach such
an agreement, the industrial accident board shall refuse to ap
prove the same, either party may notify the industrial accident
Decision.
board o f the facts, and the said board shall thereupon, after notice
o f the time and place o f hearing served on all parties in interest,
hear and determine the matter in accordance with the facts and
the law, and state its conclusion o f fact and rulings o f law.
Review.
3 1 9 3 p. Sec. 1 0 9 . On the application o f any party in interest on
the ground that the incapacity o f the injured employee has subse
quently terminated, increased, diminished or recurred, or that the
status of the dependent has changed, the board may at any time,
but not oftener than once in six months, review any agreement or
award, and on such review may make an award ending, diminish
ing, increasing or renewing the compensation previously agreed
upon or awarded, and designating the persons entitled thereto,
subject to the provisions o f this article, and shall state its con
clusions o f fact and rulings o f law, and immediately send to the
parties, a copy o f the award, but this section shall not apply to
a commutation o f payments under 3 1 9 3 t, section 11 3 .
Procedure.
3 1 9 3 q. S e c . 1 1 0 . In all hearings before the board, it shall make
such inquiries and investigations as it shall deem necessary. The
hearings o f the board shall be held at some reasonable location
in the city or county where the injury occurred, and each award
o f the board shall be in writing and shall be filed among its rec
ords, and a copy thereof shall be served on each o f the parties in
interest within one week after the making o f such award.
Awards.
3 1 9 3 r. S e c . 1 1 1 . An award o f said board in the absence o f fraud
shall be final and conclusive between the parties except as pro
vided in 3 1 9 3 p, section 1 0 9 , unless, within ten days after a copy
thereof has been sent to the parties, either party appeals to the
Appeals.
superior court for the county in which the injury occurred. In
case o f every such appeal the cause shall be determined by the
court without the aid o f a jury. The prothonotary shall not
require any deposit or security to cover the costs incident to the
taking o f any such appeal.
The superior courts for the several counties o f the State o f
Delaware are hereby vested with jurisdiction to hear and deter
mine all appeals taken pursuant to this article. Said courts may,
by proper rules, prescribe the procedure to be follow ed in the
case o f such appeals: Provided, however, That the court shall fix
a time for such hearings at the pending or next term o f said
TE X T OF CO M PEN SATION LAW S— DELAW ARE.
155
court after the date of such appeal, but the court may extend the
time for adequate cause shown.
The decision o f the court shall be in writing and shall show Decisions.
conform ity to the provisions o f this article, and shall be filed with
the prothonotary o f said court, and such prothonotary shall file a
certified copy thereof with the industral accident board. When
any such certified copy o f the decision o f said court shall be filed
as aforesaid, it shall be subject to the provisions o f 3193 p, sec
tion 109, and if the board shall, in accordance with the provisions
o f 3193 p, section 109, end, diminish, increase or renew the com '
pensation, then and in such case there shall be the same right -of
appeal as is .above provided in this section.
Costs may be awarded by said court in its discretion, and when Costs.
so awarded, the same costs shall be allowed, taxed and collected
as are allowed, taxed and collected for like services in the same
court. Upon the hearing o f any appeal, the court may, in its dis
cretion, appoint one or more impartial physicians or surgeons to
Medical a d
examine the injuries o f the claimant and to report thereon to the visers.
court. Said court shall have power to fix the compensation of
such physicians or surgeons, and to tax the same as a part of the
costs o f the proceedings. Such report shall not be conclusive o f
the facts therein stated, but shall be advisory only.
Alien bene
3193 s. Sec. 1 1 2 . Compensation under this article, to alien de ficiaries.
pendent widows and children not residents o f the United States
shall be the same in amount as is provided in each case for resi
dents, except that, at any time within one year after the death
o f the injured employee, the employer may, at his option, commute
all future installments o f compensation to be paid to alien de
pendents not residents o f the United States, by paying to such
alien dependents two-thirds o f the total amount o f such future
installments o f compensation. Alien widowers, parents, brothers,
and sisters not residents o f the United States shall not be en
titled to any compensation.
3193 t. Sec. 113. The compensation contemplated by this article Lump sums.
may be commuted by said industrial accident board at its present
value when discounted at five per cent interest, with annual
rests, disregarding (except in commuting payments due under
subsection (a ) 3193 j, section 103, o f this article) the probability
o f the beneficiary’s death, upon application o f either party, with
due notice to the other, if it appear that such commutation w ill
be for the best interest o f the employee or the dependents o f the
deceased employee, or that it w ill avoid undue expense or undue
hardship to either party, or that such employee or dependent has
removed or is about to remove from the United States, or that
the employer has sold or otherwise disposed o f the whole or
greater part o f his business or assets.
Upon paying such amount, the employer shall be discharged
from all further liability on account o f the injury or death.
Commutation shall not be allowed for the purpose o f enabling
the injured employee or the dependents o f a deceased employee to
satisfy a debt (other than a mortgage upon his or their home or
household furniture, created before the accident).
3193 u. Sec. 114. At any time after the entry of the award, or Deposits.
after the filing of the agreement for compensation, a sum equal
to all future installments of compensation may (where death or
the nature of the injury renders the amount of future payments
certain) by leave of the industrial accident board, be paid by the
employer to any trust company approved by said board and
chartered and doing business in this State and having an office
in the county in which the award was entered, and such sum,
together with all interest arising from the investment thereof,
shall thereafter be held in trust for the employee, or his de
pendents, who shall have no further recourse against the em
ployer.
Such payment of such sum by the employer shall operate as
satisfaction o f such award or agreement as to the employer.
a
w o r k m e n 's
156
/
c o m p e n s a t io n
l e g is l a t io n
.
Payments from said fund shall be made by the said trustee on
orders from the industrial accident board in the same amounts
and at the same periods as are herein required o f the employer.
If, after liability shall have ceased, any balance o f said fund
shall remain, the same shall be returned to the employer who de
posited the same on an order signed as aforesaid.
L i mi t a t i o n
3193 v. Sec. 115. In case o f personal injury, all claims for comof one year.
pensation shall be forever barred unless, within one year after
the accident, the parties shall have agreed, upon the compensa
tion as before provided, or unless, within one year after the ac
cident, one or more o f the interested parties shall have appealed
to the industrial accident board as in this article provided. In
cases o f death, all claims for compensation shall be forever barred
unless, within one year after the death, the parties shall have
agreed upon the compensation as before provided, or unless,
within one year after the death, one or more o f the interested
parties shall have appealed to the industrial accident board as in
this article provided. Where, however, payments o f compensa
tion have been made in any case, said limitation shall not take
effect until the expiration of one year from the time o f the making
of the last payment,
accident^ a r V
w * ^EC*
governor shall, within thirty days after
' the approval of this article by the governor, appoint three com
petent persons to be known as the “ Industrial accident board,”
which board shall have jurisdiction o f all cases arising under the
compensation schedule o f this article. Such appointments shall
originally be as fo llo w s : One member shall be appointed for the
term o f two years, another for the term o f fou r years, and another
for the term of six years. Thereafter, as the terms o f office o f
members expire, either by death, resignation, removal from the
State, or otherwise, appointments shall be made for terms o f six
years each.
Each person appointed under the provisions of this section shall
hold office until his successor is appointed and qualified. The
governor may remove any member of said board with or without
cause. Each member, before entering upon the duties o f his office,
shall take the constitutional oath required o f State officers. Said
board shall provide itself with a seal for authentication of its
orders, awards and proceedings, upon which shall be inscribed the
words— “ Industrial accident board— Delaware— Seal.”
Organi zarj^ie boar(] shall organize by choosing one o f its members as
tion.
president and may appoint a secretary to be selected by the board
at a salary not exceeding twenty-five hundred dollars per year,
and may remove said secretary with or without cause, and
appoint a successor. The board may also employ such clerical
and other assistants as it may deem necessary, and subject to
like approval, fix the compensation o f all persons so employed.
Expenses.
The members o f said board and its assistants shall be entitled
to receive from the State their actual and necessary expenses
while traveling on the business o f the board, but such expense
shall be sworn to by the person who incurred the same, and any
such person falsely making any such report shall be guilty o f
Payments.
perjury and punishable accordingly. The salary o f the members
o f the board and its assistants shall be paid monthly in the same
manner as the salaries o f State officers are paid, and the,expenses
o f said board, after approval by two members and the State
auditor, shall be paid by the State treasurer out o f the general
funds o f the State.
D u t i e s of
ghaii foe
duty o f said board to maintain and keep open,
} r *
during reasonable hours, an office adequate for the transaction o f
its business. It shall keep a record o f all its proceedings and such
other books and records as shall be required by the proper and
efficient administration o f this article.
It shall hear disputes as to compensation to be paid under the
provisions o f this article, make its own rules o f procedure for
carrying out the provisions o f this article, furnish blanks for in-
T E X T OF COM PENSATIO N LAW S— DELAW ARE.
157
formation, record all awards, and shall have power to compel the
attendance o f witnesses.
It shall have power to issue subpoenas and administer oaths in Powerg.
any proceeding and in all other cases where it may be necessary
in the exercise o f its powers and duties, and to examine persons
as witnesses, take evidence, require the production o f documents,
and do all other things conformable to law which may be neces
sary to enable it effectively to discharge the duties o f office. Such
oaths may be administered and such subpoenas issued by any
member o f said board. Any subpoena, process, or order o f said
board, of any notice or paper requiring service, may be served b y ’
any sheriff, deputy sheriff, constable, or any employee of the
board, and return thereof made to said board. Such officer shall
receive the same fees as are now provided by law for like service
in civil action s: Provided, hoiuever, That the employee o f the
board serving such notice shall not receive any fee, but shall be
paid his actual expenses. If any person shall, in proceedings
before said board, disobey or resist any law ful order or process,
or misbehave during a hearing or so near the place thereof as to
obstruct the same, neglect to produce after having been ordered to
do so, any pertinent document, or refuse to appear after having
been subpoenaed, or upon appearing, refuse to take the oath as a
witness, or after having taken the oath, refuse to be examined
according to law, said board shall certify the facts under the
hand o f its secretary or president to any judge of the Supreme
Court of the State o f Delaware, who shall thereupon hear the
evidence as to the acts complained of, and if the evidence so war
rant, punish such person in the same manner and to the same
extent as for a contempt committed before the Superior Court o f
the State o f Delaware, or commit such person upon the same
conditions as if the doing o f the forbidden act had occurred with
reference to the process of, or in the presence of said court.
The board may, with or without notice to either party, cause
testimony to be taken or inspection o f the premises where the
injury occurred to be had, or the time books or the pay roll o f the
employer to be examined.
A m ajority of the board shall constitute a quorum for the Quorum.
exercise o f any o f the powers or authority conferred by this
article, and a decision or an award by a m ajority shall be valid.
Each member o f the board shall receive an annual salary o f
Salary.
twenty-five hundred dollars. Said board may, in any case, upon
the application o f either party, or on its own motion, appoint a
disinterested and duly qualified physician to make any necessary Physicians.
medical examination o f the employee, and testify in respect
thereto. Said physician shall be allowed a reasonable fee to be
fixed by said board, not exceeding five dollars for each examina
tion, which shall be included by said board in its expense ac
cou n t: Provided, how ever, That said board shall in every case
receive the testimony o f any physician called by either the em
ployer, the employee, or the dependents o f such employee.
Witness fees and mileage shall be computed at the rate allowed Witness fees,
etc.
to witnesses in the Superior Court o f the State o f Delaware.
Costs legally incurred may be taxed against either party, or ap
portioned between the parties in the sound discretion of said board,
as the justice o f the case may require.
Said board shall inquire into the causes and results of indus Study of ac
cidents, etc.
trial accidents o f every character, study the most advanced meth
ods o f safeguarding against such accidents, inquire into the
subject o f fair compensation for those who are injured in such
accidents and for the fam ilies of those who shall be killed as a
result thereof, study the operation and effect of this article, and
make a full report in writing o f its findings, together with such Reports.
recommendations as it may deem proper, at each session o f the
General Assembly o f the State o f Delaware. The board shall
prepare and cause to be printed and upon request, furnish free
o f charge to any employer or employee, such blank form s and
158
WOBKMEN’ s COMPENSATION LEGISLATION.
literature as it shall deem requisite to facilitate and promote
the efficient administration o f this article.
Employers to
3193 x. Sec. 117. Every employer bound by the compensatory
r e p o r t acci provisions o f this article shall hereafter keep a record o f all in
dents.
juries, fatal or otherwise, received by his employees in the course
o f their employment, [and] within ten days after knowledge o f the
occurrence o f an accident resulting in personal injury, a report
thereof shall be made in w riting by the employer to the indus
trial accident board on blanks to be procured from said board for
that purpose. Upon the termination o f the disability o f the in
ju red employee, the employer shall make a supplemental report
to the board. The said reports shall contain the name and nature
o f the business o f the employer, the location o f his establishment
or place o f work, the name, age, sex, and occupation o f the injured
employee, and state the time, the nature and cause o f the injury,
and such other inform ation as may be required for properly car
rying out the provisions o f this article. Any employer who re
fuses or neglects to make a report required by this section shall,
upon conviction before any justice o f the peace o f this State, be
punished by a fine o f not less than ten dollars nor more than fifty
dollars for each offense, and in default o f the payment of such fine
may be imprisoned for any period not exceeding twenty days.
Reports not
Reports made in accordance with this section shall not be
evidence.
evidence against the employer in any proceeding under this article
or otherwise, but shall be exclusively for the inform ation o f said
board in securing data to be used in connection with the perform
ance o f their duties in making recommendations to the general
assembly hereinbefore provided.
Employers to
3193 y. Sec. 118. Every employer who accepts the compensa
insure.
tion provisions o f this article shall insure the payment o f com
pensation to his employees, or their dependents, in the manner
hereinafter provided, and while such insurance remains in force,
he shall be liable to any employee, or his dependents, for personal
injury or death by accident only to the extent and in the man
ner herein specified.
Same.
3193 z. Sec. 119. Every employer under this article shall either
insure or keep insured his liability hereunder in some corporation,
association or organization approved by the industrial accident
board and authorized to transact the business o f workmen’s com
Proof of fi pensation insurance in this State, or shall furnish to the industrial
nancial ability. accident board satisfactory proof of his financial ability to pay
direct the compensation in the amount and manner and when
due as provided for in this article. In the latter case, the board
may, in its discretion, require the deposit o f an acceptable se
curity, indemnity or bond to secure the payment o f compensation
liabilities as they are incurred.
Evidence of
3193 aa. S ec. 120. Every employer accepting the compensation
compliance.
provisions o f this article shall, within sixty days after this article
takes effect, file with said board in form prescribed by it, and
thereafter annually, or as often as may be required by said board,
evidence o f his compliance with the provisions o f 3193 z, section
119 o f this article and all other sections relating thereto.
Failure
to
I f an employer refuses or neglects to comply with these pro
comply.
visions, he shall be guilty o f a misdemeanor and upon conviction
thereof shall be punished by a fine o f ten cents per day for each
employee in his service at the time when the insurance became
due, but not less than one dollar nor more that fifty dollars for
each day o f such refusal or neglect and until the same ceases,
and shall be liable, during continuance o f such neglect or re
fusal, to his injured employees, either for compensation under this
article, or in an action at law for damages, in which last case,
upon proof that he has not complied with this section, it shall
not be a defense in such a ction :
(a ) That the employee was negligent; or
(b ) That the employee had assumed the risk o f the in ju ry ; or
(c ) That the injury w as caused by the negligence o f a fel
low employee.
TEXT OF CO M PENSATION LAW S---- DELAW ARE.
159
Furthermore, if after the first day o f January, 1918, any em
ployer shall be in default under 3193 z, section 119 for a period o f
thirty days, he may be enjoined by the court of chancery o f this
State from carrying on his business while such default continues.
3193 bb. Sec. 121. Whenever an employer had complied with Self-lnsurem
the provisions of 3193 z, section 119 of this article relating to selfinsurance, the industrial accident board shall issue to such em
ployer, a certificate which shall remain in force for a period fixed
by the board, but the board may, upon at least sixty days’ notice
and a hearing to the employer, revoke the certificate upon satis
factory evidence for such revocation having been! presented.
After the expiration of one year from such revocation, the l&ard
may grant a new certificate to the employer upon his petition.
3193 cc. Sec. 122. For the purpose of complying with the pro- Mutual i n visions of 3193 z, section 119 of this article, groups of em- surance.
ployers may form mutual insurance associations under the laws
of this State, subject to such reasonable conditions and restric
tions as may be fixed by the industrial accident board. Mem
bership in such mutual insurance associations, so approved, to
gether with evidence of the payment of premiums due, shall be
evidence of compliance with the provisions of 3193 z, section 119 of
this article.
3193 dd. Sec. 123. Subject to the approval of the industrial acci- b e n e f i t
dent board, any employer may enter into or continue any agree- schemes,
ment with his employees to provide a system of compensation,
benefit or Insurance, in lieu of the compensation and insurance
provided by this article.
No such substitute systenC shall be approved unless it confers
benefits upon injured employees at least equivalent to the benefits
provided by this article, nor if it requires contributions from the
employees, unless it confers benefits in addition to those provided
under this article at least commensurate with such contributions.
Such substitute system may be terminated by the industrial acci
dent board on reasonable notice and hearing to the interested
parties, if it shall be shown that the same is not fairly adminis
tered or if its operation shall disclose latent defects threatening
its solvency, or if for any substantial reason, ii fails to accom
plish the purposes o f this a rticle ; and in this case the board shall
determine upon the proper distribution of all remaining assets,
i f any, subject to the right o f any party in interest to take an ap
peal to the superior court o f this State.
3193 ee. Sec. 124. All policies insuring the payment of compen- I n s u r e r
sation under this article must contain a clause to the effect that bound*
as between the employee and the insurer, the notice to or knowl
edge of the occurrence of the injury or death on the part of the
insured shall be deemed notice or konwledge, as the case may be,
on the part of the insurer; that jurisdiction of the insured for
the purposes of this article shall be jurisdiction of the insurer;
and that the insurer shall in all things be bound by and subject
to the awards, judgments or decisions rendered against such
insured.
3193 ff. Sec. 125. No policy of insurance against liability aris- Provisions of
ing* under this article shall be issued, unless it contains the agree- policies,
ment of the insurer that it will promptly pay to the person
entitled to same, all benefits conferred by this article and all
installments o f the compensation that may be awarded or agreed
upon, and that the obligation shall not be affected by any default
of the insured after the injury, or by any default in the giving
of any notice required by such policy or otherwise. Such agree
ment shall be construed to be a direct promise by the insurer to
the person entitled to compensation enforcible in his name.
3193 gg. Sec. 126. Every policy for insurance o f the liability
Policies sub-
herein specified shall be deemed to be subject to the provisions ject to act.
o f this -article. No corporation, association, or organization shall
issue any such policies o f insurance unless the form o f policy and
the stability o f the company shall have been approved by the
industrial accident b o a rd : Provided, how ever, That the industrial
160
w o r k m e n ’s
c o m p e n s a t io n
l e g is l a t io n
.
accident board may permit the issuance o f policies insuring
against the loss from segregated risks o f employment if in the
judgment o f the board all the risks o f the same employment are
sufficiently covered by other policies o f insurance or otherwise
insured by the employer. Such policies for segregated risks shall
be deemed to be limited in their scope to the particular risks
mentioned therein. All questions as to the liability under such
policies for segregated risks and other policies or form s o f insur
ance shall be determined by the industrial accident board.
Payment of
8193 hh. Sec. 127. Except as herein otherwise provided, all combenefits.
pensation payable under the compensatory provisions o f this
article, shall be payable in periodical installments, as the wages
o f the employee were payable before the accident: Provided, how
ever, That the industrial accident board may, in its discretion,
having regard to the w elfare [o f the] employee and the con
venience o f the employer, authorize compensation to be paid
monthly or quarterly, instead o f weekly.
Contractors.
3 1 9 3 n. s EC. 128. No contractor or subcontractor shall receive
compensation under this article, but shall be deemed to be an
employer, and all rights o f compensation o f the employees o f
any such contractor or subcontractor shall be against their said
employer and not against any other employer.
Intoxication,
3193 jj. Sec. 129. I f any employee be injured as a result o f his
willful intent, intoxication, or because o f his deliberate and reckless indife c*
ference to danger, or because o f his w illful intention to bring
about the injury or death o f himself, or o f another, or'because o f
his w illful failure or refusal to use a reasonable safety appli
ance provided for him, or to perform a duty required by statute,
he shall not be entitled to recover damages in an action at law,
or compensation, or medical or hospital service under the com
pensatory provisions o f this article. The burden o f proof under
the provisions o f this section shall be on the defendant employer.
J o i n t em- 3 1 9 3 kk. Sec. 130. Whenever any employee for whose injury
ployment.
01. fieatli, compensation is payable under this article, at the time
o f the injury? be in the joint service o f two or more employers
subject to this article, such employers shall contribute to the
payment o f such compensation in the proportion to their wage
liability to such employee, regardless o f the question for whom
such employee was actually working at the time o f the injury.
A, Ct t h ,n-S 3193 11. Sec. 131. Whenever an injury for which compensation
parties.
is payable under this article shall have been sustained under
circumstances creating in some other person than the employer,
a legal liability to pay damages in respect thereto, the injured
employee may, at his option, either claim compensation under
this article, or obtain damages from, or proceed at law against
such other person to recover damages, but he shall not proceed
against b o th ; and if compensation is awarded under this article,
the employer having paid the compensation or having become
liable therefor, shall be subrogated to the rights o f the injured
employee, or o f his dependents to recover damages against such
third person, and may recover in his own name or that o f the
injured employee from the other person in whom legal liability
for damages exists, the indemnity paid or payable to the injured
employee. Any recovery against such third person in excess o f
the compensation theretofore paid and thereafter payable by the
employer (less the cost o f securing and collecting same) shall be
paid forthwith, when collected, to the employee or the depend
ents.
Preference, 3193 mm. Sec. 132. The right o f compensation granted by this
exemption, etc., article shall have the same preference or priority for the whole
of payments, amount thereof against the assets o f the employer as is now
or hereafter may be allowed by law for unpaid wages for labor.
Claims or payment for compensation due or to become due
under this article shall not be assignable, and all compensation
and claims therefor shall be exempt from all claims o f creditors.
I f default shall be made by the employer for thirty days after de
mand, in the payment o f any amount due under this article, the
TEXT OF COM PENSATION LAW S— DELAW ARE.
161
same may be recovered in the same manner as claims for wages
are now collectible.
Fees of attorneys and physicians for services under the pro Fees.
visions o f this article shall be subject to the approval of the in
dustrial accident board.
3193 nn. Sec. 133. I f an injured employee refuses employment P a yment a
s u s p e n ded,
suitable to his capacity, procured for him, he shall not be entitled when.
to any compensation at any time during the continuance o f such
refusal, unless in the opinion o f the industrial accident board,
such refusal was justifiable, and if an employee receives an injury
for which compensation is payable, after having received an in
jury in another employment, he shall be entitled to compensation
by the subsequent employer (not being the employer for whom he
worked at the time o f a former in ju ry) for the subsequent injury
in the same amount as if the previous injury had not occurred.
3193 oo. Sec. 134. W herever in this article the singular is used, Construction.
the plural shall be in clu ded; where the masculine gender is used,
the feminine and neuter shall be included.
3193 pp. Sec. 135. The follow ing shall constitute employers sub Employers.
ject to the provisions of this article:
Every person, firm, association and corporation (excepting the
employers mentioned in 3103 vv. section 141 and 3193 ww. section
142 hereof) having in his or its service any employee as defined
in 3193 qq. section 136 o f this article. I f the employer is insured,
it shall include his insurer as far as practicable.
Employees.
3193 qq. Sec. 136. The term “ employee ” as used in this article
shall be construed to m ean:
Every person in the service o f every natural^erson, firm, asso
ciation and corporation (excepting the employees mentioned in
3193 vv. section 141 and 3193 ww. section 142 hereof) under any
contract of hire for a valuable consideration, but not including
any person whose employment is casual and not in the regular
course o f the trade, business, profession, or occupation o f his em
ployer, and not including persons to whom articles or materials
are given out to be made up, cleaned, washed, altered, ornamented,
finished, or repaired, or adapted for sale in the w orker’s own
home, or on other premises not under the control or management
o f the employer.
3193 rr. Sec. 137. The terms “ injury ” and “ personal injury ” Injury.
as used in this article, shall be construed to mean only violence to
the physical structure of the body and such disease or infection as
naturally results directly therefrom when reasonably treated; and
whenever death is mentioned as a cause for compensation under
this article, it shall mean only death resulting from such violence
and its resultant effects when reasonably treated as aforesaid,
and occurring within two hundred and seventy weeks after the
accident.
3193 ss. Sec. 138. The term “ personal injury sustained by ac R e strictiv e
clause.
cident arising out o f and in the course o f the employment ” :
(a ) Shall not cover an employee except while he is engaged in,
on, or about the premises where his services are being performed,
which are occupied by, or under the control of the employer (his
presence being required by the nature of his employm ent), or
while he is engaged elsewhere in or about his employer’s business
where his services require his presence as a part o f such service
at the time of the injury.
(b ) It shall not include any injury caused by the w illful act o f
another directed against him by reasons personal to such em
ployee and not directed against him as an employee or because o f
his employment.
(c ) It shall not include a disease or infection, except as it shall
result from the injury when reasonably treated.
3193 tt. Sec. 139. The term “ dependent ” shall include all per Dependent.
sons other than the injured employee who are entitled to compen
sation under the provisions o f the elective schedule set forth in
this article, and wherever the context requires it shall be held to
include the personal representatives, and the wTidow or w idow er
45615°— Bull. 243— 18------ 11
162
Wages,
Exemptions.
In te rsta te
commerce.
Act a unit.
In e f fe e t,
when.
w o r k m e n ’s
COMPENSATION LEGISLATION.
of the deceased, and guardians of infants and trustees for incom
petent persons.
3193 uu. Sec. 140. Wherever in this article the term “ wages ”
is used, it shall be construed to mean the money rate at which
the service rendered is recompensed under the contract of hiring
in force at the time of the accident, and shall not include gratuities
received from the employer or others, nor shall it include board,
lodging or similar advantages received from the employer, unless
the money value of such advantages shall have been fixed by the
parties at the time of hiring. In occupations involving seasonal
employment or employments dependent upon the weather, the
employee’s weekly wages shall be taken to be one-fiftieth of the
total wages which he has earned from all occupations during the
year immediately preceding the accident, unless it be shown that
during such year, by reason of exceptional causes, such method
of computation does not fairly ascertain the earnings of the em
ployee, in which case the period for calculation shall be extended
so far as to give a basis for the fair ascertainment of his average
weekly earnings. In continuous employments, if immediately
prior to the accident the rate of wages was fixed by the day or
hour, or by the output of the employee, his weekly wages shall
be found by dividing the total amount earned, excluding earnings
from overtime, during so much of the preceding six months as
he worked for the same employer, by the number of weeks, or
fraction thereof, in such period. If the employee had been per
manently advanced or demoted in position or his rate of wages
permanently increased or decreased within such period, only the
earnings and nun^er of weeks of such position or at such rate
should be considered in computing his average weekly wage.
3193 vv. S e c . 141. This article shall not apply to farm laborers,
domestic servants, officers and servants of the State, or any
governmental agency created by it, nor to their respective em
ployers ; nor to the employers or employees in any employment in
which less than five persons are employed.
3193. ww. S e c . 142. This article shall not apply to employees
injured or killed while engaged in interstate or foreign commerce,
nor to their employers, in case, and whenever, the laws of the
United States provide for compensation or for liability for such
injury or death.
3193 xx. S e c . 143. If any portion of this article shall be held
unconstitutional, the whole article shall become ineffective and
void.
This act shall begin and take effect from the first day of Jan
uary A. D., 1918.
Approved April 2, 1917.
HAWAII.
ACTS OF 1917*
A ct N o.
227.— Compensation of workmen for injuries*
[This act amends several sections of the compensation law of
the Territory, act No. 221, acts of 1915. Section 1 is amended so
as to read as follows:]
S ection 1. This act shall apply to any and all industrial emscope of law.
ploy ment, as hereinafter defined. If a workman received [re
ceives] personal injury by accident arising out of and in the
course of such employment or by disease proximately caused by Disease,
such employment, or resulting from the nature of such employ
ment, his employer or the insurance carrier shall pay compensa
tion in the amounts and to the person or persons hereinafter
specified.
[Section 10 is amended by substituting the word “ act ” for the
word “ section” in the first line thereof.]
S ec . 3. Section 12 of act 221 of the session laws of Hawaii,
1915, is hereby amended so as to read as follows:
Sec. 12. During the disability the employer shall furnish rea
sonable surgical, medical and hospital services and supplies not Medical etc
exceeding the amount of one hundred and fifty dollars ($150). attendance. **
The pecuniary liability of the employer for the medical, surgical,
and hospital service herein required shall be limited to such
charges as prevail in the same community for similar treatment
of injured persons of a like standard of'lM ng when such treat
ment is paid for by the injured person.
•
In the event of the failure of the employer promptly to pro
vide such physician or surgeon or such medical, surgical, or hos
pital services, the injured employee may provide the same at the
expense of the employer.
If it shall appear to the board that the injured employee has
refused to accept the services of a competent physician or sur
geon, or has refused the reasonable surgical, medical or hospital
services provided by the employer, the board may in its discretion
reduce the amount provided for medical attendance to which said
employee might otherwise be entitled or consider such refusal on
the part of the employee to be a waiver by him of any right to
medical attendance hereunder.
[Section 13 is amended by changing 14 to 7 in the third line, to
correspond with the reduction of the waiting period, also by add
ing at the end of the first paragraph the words: “ But no ad
judication of permanent disability shall be made until after two
weeks from the date of injury.” ]
S ec . 5. Section 14 of act 221 of the session laws of Hawaii, 1915,
is hereby amended so as to read as follows:
S ec . 14. (a) Where the injury causes partial disability for
Partial diswork, the employer, during such disability and for a period of ability»
three hundred and twelve weeks beginning with the first day of
disability, shall pay the injured workman a weekly compensation
equal to fifty per cent of the difference between his average
weekly wages before the accident and the weekly wages he will
most probably be able to earn thereafter, but not more than
twelve dollars ($12) a week. In no case shall the weekly pay
ments continue after the disability ends, and in case the partial
disability begins after a period of total disability the period of
total disability shall be deducted from such total period of three
163
164
Schedule.
w o r k m e n ’ s c o m p e n s a t io n
l e g is l a t io n .
hundred and twelve weeks, nor shall the amount of compensation
paid in any case exceed in the aggregate the sum of five thousand
dollars ($5,000). But 110 adjudication of disability shall be made
until after two weeks from the date of injury.
(b)
In case of disability partial in character but permanent in
quality the compensation shall be fifty per cent of the average
weekly wages and shall be paid to the employee for the period
named in the schedule as follows:
For the loss of a thumb, sixty weeks;
For the loss of a first finger, commonly called index finger,
forty-six weeks;
For the loss of a second finger, thirty weeks;
For the loss of a third finger, twenty-five wTeeks;
For the loss of a fourth finger, commonly called the little finger,
fifteen weeks;
The loss of the first phalange of the thumb or finger shall be
considered to be equal to the loss of one-half of such thumb or
finger, and compensation shall be one-half of the amount above
specified. The loss of more than one phalange shall be considered
as the loss of the entire thumb or finger: Pro vided, hoivever, That
in no case shall th§ amount received for more than one finger
exceed the amount provided in this schedule for the loss of a
hand;
For the loss of a great toe, thirty-eight weeks;
For the loss of one of the toes other tran the great toe, sixteen
weeks;
The loss of the first phalange of any toe shall be considered to
be equal to the loss of one-half of said toe, and the compensation
shall be one-half of the amount specified. The loss of more than
one phalange shall be considered as the loss of the entire toe;
The loss of a hand, two hundred and forty-four weeks;
For the loss of an arm, three hundred and twelve weeks;
For the loss of a foot, two hundred and five weeks;
For the loss of a le%, two hundred and eighty-eight weeks;
For the loss of an eye, one hundred and twenty-eight weeks •
The permanent and complete loss of hearing in both ears, three
hundred and twelve weeks. The permanent and complete loss of
hearing in one ear, sixty weeks. The loss of both ears, one hun
dred and twenty-eight weeks. The loss of one ear, sixty weeks;
Permanent loss of the use of hand, arm, foot, leg, eye, thumb,
finger, toe, or phalange, shall be considered as the equivalent of
the loss of such hand, arm, foot, leg, eye, thumb, finger, toe or
phalange;
Amputation between the elbow and the wrist shall be considered
as the equivalent of the loss of hand. Amputation between the
knee and the ankle shall be considered as the equivalent of the
loss of a foot. Amputation at or above the elbow shall be con
sidered as the loss of an arm. Amputation at or above the knee
shall be considered as the loss of the leg.
The compensation for the foregoing specific injuries shall be in
lieu of all other compensation, except the benefits provided in
section 13 of this act.
In case of an injury resulting in serious facial or head dis
figurement the board may, in its discretion, make such award
or compensation as it may deem proper and equitable, in view of
the nature of the disfigurement, but not to exceed five thousand
dollars ($5,000).
In all other cases in this class of disability, the compensation
shall be fifty per cent of the difference between his average weekly
wages and his wage-earning capacity thereafter in the same em
ployment or otherwise, payable during the continuance of such
partial disability, but subject to reconsideration of the degree of
such impairment by the board on its own motion or upon appli
cation of any party in interest.
S ec . 6 . Section 30 of act 221 of the session laws of Hawaii,
1915, is hereby amended so as to read as follows:
TEXT OF COMPENSATION LAWS— HAW AII.
165
Sec. 30. If the employer and the injured employee reach an Agreements,
agreement in regard to compensation under tjiis act, a memo
randum of the agreement shall be filed with the board, and, if ap
proved by it, thereupon the memorandum shall for all purposes
be enforceable under the provisions of section 39, unless modified
as provided in section 37.
Such agreement shall be approved by the board only when the
terms conform to the provisions of act 221 of the session laws
of Hawaii, 1915, as amended.
No agreement between the parties for a lesser sum than that
which may be determined by the board to be due shall operate as
a bar to the determination of the controversy upon its merits, or
to the award of a larger sum, if it be determined by the board
that the amount agreed upon is less than the injured employee or
his dependents are properly entitled to receive.
Sec. 7. Section 31 of act 221 of the session laws of Hawaii, 1915,
is hereby amended so as to read as follows:
Sec. 31. If the compensation is not settled by agreement, the Awards b j
board shall upon the filing with the board of a copy of the claim board*
for compensation allow a full trial and shall make an award
which shall be filed with the record of proceedings, and shall state
its conclusions of fact and rulings of law and shall immediately
send to the parties a copy of the award.
Provided, however, That at any time prior to the filing with the f
board of a copy of the claim for compensation, either party may
1 r on*
make application to the board for the formation of a committee
of arbitration. Such committee shall consist of three members,
one of whom shall be a member of the industrial accident board,
or appointed by it, who shall act as chairman. The other two
members shall be named, respectively, by the parties. If a va
cancy occurs, it shall be filled in the same way as the original
appointment.
S ec . 8. Section 34 of act 221 of the session laws of Hawaii,
1915, is hereby amended so as to read as follows:
S ec . 34. Each industrial accident board may appoint a duly
Medical ex
qualified impartial physician to examine the injured employee and amination.
to report.*
S ec . 9. Section 39 of act 221 of the session laws of Hawaii,
1915, is hereby amended so as to read as follows:
S ec . 39. Any party in interest may file in the circuit court in
B n f ° r c ®the jurisdiction of which the injury occurred a certified copy o f ment of award*
a decision of the board awarding compensation, from which no
appeal has been taken, within th« time allowed therefor, or a
certified copy of a decision of the board awarding compensation
from which decision an appeal has been taken but as to which
decision neither the board nor the court has ordered that the
appeal therefrom shall operate as a supersedeas or stay, or a
certified copy of a decision of an arbitration committee awarding
compensation from which no claim for review has been filed with
in the time allowed therefor, or a certified copy of a memorandum
of agreement approved by the board, whereupon said court shall
render a decree or judgment in accordance therewith and notify
the parties thereof. Such decree or judgment shall have the
same effect, and all proceedings in relation thereto shall there
after be the same, as though said decree or judgment had been
rendered in a suit duly heard and determined by said court, ex
cept that there shall be no appeal therefrom.
Provided, hoivever, That in all cases where an appeal from the
decision of the board has been taken witl^in the time provided
therefor, but where neither the board nor the court has ordered
that such appeal shall operate as a supersedeas or stay, the decree
or judgment of said circuit court shall provide that said decree
or judgment shall become null and void in the event that the court
shall set aside the decision or award of the board.
S ec . 10. Section 45 of act 221 or the session laws of Hawaii,
1915, is hereby amended so as to read as follows:
1 66
w o r k m e n 's
COMPENSATION LEGISLATION.
Sec. 45. No claims for compensation under this act shall be
assignable, and all compensation and claims therefor shall be
exempt from all claims of creditors. Claims of attorneys and of
Fees.
physicians for services under this act shall not be a valid claim
against the person to or for whom said services were rendered
unless and until approved by the board.
S ec . 11. Section 47 of act 221 of the session laws of Hawaii,
1915, is hereby amended so as to read as follows:
Notice of in
Sec. 47. If the insurance so effected is not under subdivision
surance.
3 or 4 of section forty-six the employer shall forthwith file with
the board in form prescribed by the board a notice of his insur
ance, together with a copy of the contract or policy of insurance.
Sec. 12. Section 49 of act 221 of the session laws of Hawaii,
1915, is hereby amended so as to read as follows:
Provisions of
Sec. 49. Every policy of insurance and every guarantee contract
policies.
covering the liability of the employer for compensation, whether
issued by a stock company, or by a mutual association authorized
to transact workmen’s compensation or guarantee insurance in
this Territory shall cover the entire liability of the employer to
his employees covered by the policy or contract, and also shall
contain a provision setting forth the right of the employees to
enforce in their own names either by at any time filing a separate
claim or by at any time making the insurance carrier a party
to the original claim, the liability of the insurance carrier in
whole or in part for the payment of such compensation: Pro
vided, however, That payment in whole or in part of such com
pensation by either the employer or the insurance carrier shall,
to the extent thereof, be a bar to the recovery against the other
of the amount so paid.
From and after the thirtieth day of June, 1918, all insurance
policies shall be of a standard form, said form to be designated
by and approved by the commissioner of insurance of the Terri
tory of Hawaii. No policy of insurance different in form from
said designated and approved form shall be approved by the
board.
[Section 60 is amended by substituting six months for two years
in subsection (c), by striking out the second sentence in sub
section (d), and by changing the first sentence of subsection (e)
to read as follows:]
Employment
(e)
“ Industrial employment,” in the case of private employers,
for gain.
includes employment only in a trade, occupation or profession
which is carried on by the employer for the sake of pecuniary
gain.
Approved this 2d day of May, 1917.
E x e m p tio n
of awards.
IDAHO.
ACTS OF 1917.
C hapter 81 .— Compensation of workmen for injuries.
Pabt
I.
Section 1. (a ) This act shall apply to all public employment,
Scope of act.
as defined in section 2 and to all private employment in a trade
or occupation which is carried on by the employer for the sake
of pecuniary gain, not expressly excepted by the provisions of
section 3.
(b) The common-law system governing the remedy of workmen
against employers for injuries received in industrial and public
work is inconsistent with modern industrial conditions. The Common-law
administration of the common-law system in such cases has
a * 01'
duced the result that little of the cost to the employer has reached18
the injured workman, and that little at large expense to the
public. The remedy of the workman has been uncertain, slow
and inadequate. Injuries in such employments formerly oc
casional, have become frequent and inevitable. The welfare of
the State depends upon its industries, and even more upon the
welfare of its wageworkers. The State of Idaho, therefore, ex
ercising herein its police and sovereign power, declares that all
phases of the premises are withdrawn from private controversy,
and sure and certain relief for injured workmen and their fami
lies and dependents is hereby provided regardless of questions
of fault and to the exclusion of every other remedy, proceeding
or compensation, except as is otherwise provided in this act, and
to that end all civil actions, and civil causes of action for such
personal injuries, and all jurisdiction of the courts of the State
over such causes are hereby abolished, except as in this act
provided.
Sec. 2. This act shall apply to employees of the State and of
all counties, cities, cities under special charter or commission form public e n «
of government, villages, school districts, irrigation districts, ployment.
drainage districts, highway districts, road districts and other
public and municipal corporations within the State; but not to
public officials who are elected by popular vote or who receive
salaries exceeding twenty-four hundred dollars a year. Police
men and firemen and others entitled to pensions shall be deemed
employees within the meaning of this act* If, however, any police
man or fireman or other person entitled to a pension claims com
pensation under this act there shall be deducted from such com
pensation any sum which such policeman or fireman or other
person may be entitled to receive from any pension or other benefit
fund to which the State or municipal body may contribute.
Sec. 3. None of the provisions of this act shall apply t o :
Em ploy-
(a) Agricultural pursuits;
“} V\its
(b) Household domestic service;
eluded.
(c) Casual employment;
(d) Employment by charitable organizations; or
(e) Employment of outworkers, or of
(f) Members of the employer’s family dwelling in his house :
Unless the employer and employee expressly agree in writing
filed with the board that the provisions of the act shall apply.
Any such agreement may be terminated by either party upon sixty
days’ notice to the other and to the board in writing prior to
any accident.
16T
ex*
168
w orkmen
’ s COMPENSATION LEGISLATION.
P aet
II.
S ection 4. If a workman receives personal injury by accident
arising out of and in the course of any employment covered by this
act his employer or the surety shall pay compensation in the
amounts and to the person or persons hereinafter specified.
not
gEc. 5. No compensation shall be allowed for an injury caused
^
e m p i 0y e e ’ s willful intention to injure himself or to
injure another, or (2) by his intoxication. If the employer claims
an exemption or forfeiture under this section the burden of proof
shall be upon him.
R i g h t accrues, when.
Injuries
covered.
Remedy
ex-
clusive.
Sec. 6. The rights and remedies herein granted to an employee on account of a personal injury for which he is entitled
to compensation under this act shall exclude all other rights and
remedies of such employee, his personal representatives, depend
ents, or next of kin, at co<mmon law or otherwise, on account of
such injury.
Employers, who hire workmen within this State to work out
side of the State, may agree with such workmen that the remedies
under this act shall be exclusive as regards injuries received out
side this State by accident arising out of and in the course of
such employment; and all contracts of hiring in this State shall
be presumed to include such an agreement.
Injuries b y Sec. 7. When an injury for which compensation is payable
third-persons. un(]er this act. shall have been sustained under circumstances
creating in some other person than the employer a legal liability
to pay damages in respect thereto, the injured employee may, at
hi# option, either claim compensation under this act or obtain
damages from or proceed at law against such other person to re
cover -damages; and if compensation is claimed and awarded
under this act any employer having paid the compensation or
having become liable therefor shall be subrogated to the rights of
the injured employee to recover against that person: Provided, If
the employer shall recover from such other person damages in
excess of the compensation already paid or awarded to be paid
under this act, then any such excess shall be paid to the injured
employee less the employer’s expenses and costs of action.
Contracting
ou *
qms*
g EC> g n 0 contract, rule, regulation, or devise whatsoever
shall operate to relieve the employer in whole or in part from
any liability created by this act, other than as provided in sec
tions 9 and 17.
Sec. 9. With the approval of the board, an employer who i s
subject to the provisions of thirs act, may enter into an agree
ment with his employees to provide a system of compensation
or benefits in lieu of the compensation provided by this act, sub
ject, however, to the following restrictions:
(a) The benefits to injured employees shall be at least equiv
alent to those herein provided.
(b) If contributions are required from employees the addi
tional benefits shall be commensurate with such contributions.
(c) If acceptance of such substitute system is mad*e a con
dition of employment, equitable provision shall be made for the
withdrawal of employees from it and the distribution of its as
sets. An employer who is authorized to substitute a plan under
the provisions of this section shall give his employees notice
thereof in the form prescribed by the board and a statement of
the plan approved shall be filed with the board. Copies of set
tlements made under the provisions of this section shall be filed .
with the board.
P a e t III.
C t) e
S ection 10. If. death results from the injury within two years,
tion°for d e * a t h ." the employer or the surety shall pay to the person entitled to
* compensation or, if there are none, then to the personal repre' sentative of the deceased employee, burial expenses not to exceed
one hundred dollars; and shall also pay to or for the following
persons for the following periods, a weekly compensation equal
TEXT OF COMPENSATION LAWS— IDAHO.
to the following percentages of the deceased employee’s average
weekly wages as defined in section 24:
(a) To the dependent widow or widower, if there be no depend
ent children, forty-five per cent.
(b) To the dependent widow or widower; if there be a depend
ent child or children, fifty-five per cent for such widow or widower
and children. Such compensation to the widow or widower shall
be for the use and benefit of such widow or widower and of the
dependent children, and the board may from time to time appor
tion such compensation between them in such way as it deems
best. If a child has a guardian other than the surviving widow
or widower, the compensation payable on account of such child
shall be paid to such guardian.
(c) If there be no dependent widow or widower, but a depend
ent child or children, twenty-five per cent for one child and ten
per cent for each additional child, not to exceed a total of fiftyfive per cent to be divided equally among such children if more
than one.
(d) To the parents, if one be wholly dependent for support upon
the deceased employee at the time of his death and the other is
not dependent to any extent, twenty-five per cent; if both are
wholly dependent, twenty per cent to each; if one be 01* both are
partly dependent, a proportionate amount in the discretion of
the board.
The above percentages shall be paid if there be no depend
ent widow, widower, or child. If there be a widow, widower, or
child, there shall be paid so much of the above percentages as,
w hen added to the total percentages payable to the widow,
widower, and children, will not exceed a total of fifty-five per
cent.
(e) To the brothers, sisters, grandparents, and grandchildren,
if one be wholly dependent upon the deceased employee for sup
port at the time of his death, twenty per cent to such dependent;
if more than one be wholly dependent, thirty per cent, divided
among such dependents share and share alike; if there be no one
of them wholly dependent, but one or more partly dependent, ten
per cent divided among such dependents share and share alike.
The above percentages shall be paid if there be no dependent
widow, widower, child or parent. If there be a dependent widow,
widower, child, or parent, there shall be paid so much of the above
percentages as, when added to the total percentage payable to the
wTidow, widower, children, and dependent parents, will not exceed
a total of fifty-five per cent.
( f ) In case there are two or more classes of persons entitled to
compensation under this section and the apportionment of such
compensation, above provided, would result in injustice, the board
may, in its discretion, modify the apportionment to meet the re
quirements of the case.
(g) In case there are no dependents of the deceased employee,
the employer shall pay into the State treasury to be deposited in
the industrial administration fund the sum of one thousand dol
lars.
S ec . 11. The following persons, and they only, shall be deemed
dependents and entitled to compensation under the provisions of
this act:
A child if under 18 years of age, or incapable of self-support and
unmarried, whether actually dependent upon the deceased 01* not.
The widow only if living with the deceased, or actually de
pendent wholly or partially, upon him.
The widower only if incapable of self-support and actually de
pendent, wholly or partially, upon the deceased at the time of her
injury.
A parent or grandparent only if actually dependent, wholly or
partially, upon the deceased.
A grandchild, brother, or sister only if under 18 years of age, or
incapable of self-sui^port, and wholly dependent upon the deceased.
The relation of dependency must exist at the time of the injury.
169
Dependents.
170
w o r k m e n ' s c o m p e n s a t io n
l e g is l a t io n .
rnm
npn°^stinn during
Sec* 12<
compensation
compensation.
theThe
following
periods:herein provided for shall be payable
To a widow, until death or remarriage, but in no ease to exceed
400 weeks.
To a widower, during disability or until remarriage, but in no
case to exceed 400 weeks.
To or for a child, until 18 years of age, but in the case of a
child incapable of self-support and unmarried as long as so in
capable, but in no case to exceed 400 weeks beyond said age of 18
years.
To a parent or grandparent, during the continuation of a con
dition of actual dependency, but in no ease to exceed 400 weeks.
TJo or for a grandchild, brother, or sister, during dependency as
hereinbefore defined, but in no case to exceed 400 weeks.
Upon the cessation of compensation under this section to or on
account of any person, the compensation of the remaining persons
entitled to compensation for the unexpired part of the period,
during which their compensation is payable shall be that which
such persons would have received if they had been the only per
sons entitled to compensation at the time of the decedent’s death.
Aliens.
S e c . 13. Except as otherwise provided by treaty, whenever,
under the provisions of this act, compensation is payable to a
dependent who is an alien not residing in the United States, the
employer shall pay fifty per cent of the compensation herein
otherwise provided to such dependent and the remaining fifty per
cent into the State treasury to be deposited in the industrial ad
ministration fund. But if a nonresident alien dependent is a
citizen of a Government having a compensation law which excludes
citizens of the United States, either resident or nonresident, from
partaking of the benefit of such law in as favorable a degree as
herein extended to nonresident aliens, then all of the compensation
which would otherwise be payable to such dependent shall be paid
into the industrial administration fund.
Definitions.
gEC ^4
used in the foregoing sections the term child in
cludes stepchildren, adopted children, posthumous children, and
acknowledged illegitimate children, but does not include married
children unless dependent. The terms “ brother ” and “ sister ”
include stepbrothers and stepsisters, half brothers and half sisters,
and brothers and sisters by adoption, but do not include married
brothers nor married sisters unless dependent. The term “ grand
child ” includes children of adopted children and children of step
children; but does not include stepchildren of children, stepchilren of stepchildren, stepchildren of adopted children, nor married
grandchildren, unless dependent. The term Mparent ” includes
step-parents and parents by adoption. The term “ grandparent ”
, includes parents of parents by adoption, but does not include par
ents of step-parentsy step-parents of parents, nor step-parents of
step-parents. The words “ adopted ” and “ adoption ” as used in
this act shall include cases where persons are treated as adopted
as well as those of legal adoption.
S e c . 15. In computing death benefits the total weekly cornb e n e f i t e d mUm Pensation shall be subject to a maximum of twelve dollars per
week and a minimum of six dollars per week, but if at the time
of the injury the employee received wages of less than six dollars
per week, then the compensation shall not exceed the full amount
of such wages.
Payment of death benefits by an employer in good faith to a
dependent subsequent in right to another or other dependents
shall protect and discharge the employer unless and until such
dependent or dependents prior in right shall have given him
notice of his or their claim. In case the employer is in doubt
as to the respective rights of rival claimants he may apply to
the board to decide between them.
In case death occurs after a'period of disability, either total
or partial, the period of disability shall be deducted from the
total periods of compensation respectively stated in section 12.
TEXT OF COMPENSATION LAWS— IDAHO.
171
The compensation of a person who is insane shall be paid to
his or her guardian.
S ec. 16. The employer shall provided for an injured employee Medical, etc.,
such reasonable medical, surgical or other attendance or treat-attendance*
ment, nurse and hospital service, medicines, crutches and appa
ratus, as may be required or be requested by the employee im
mediately after an injury, and for a reasonable time thereafter.
If the employer fails to provide the same, the injured employee
may do so at the expense of the employer. All fees and other
charges for such treatment and services and compensation there
for shall be subject to regulation by the board. The pecuniary
liability of the employer for the treatment and other service
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. In determining what fees and charges are rea
sonable, the board shall consider the increased security of pay
ment afforded by this act.
S e c . IT . Nothing in this act shall be construed as preventing Hospital conemployers and workmen from waiving the provisions of section tracts16 of this act and entering into mutual contracts or agreements
providing for hospital benefits and accommodations to be fur
nished to the employee.
Such hospital contracts or agreements must provide for medi
cal, hospital and surgical attendance for such employee for sick
ness contracted during the employment (except venereal diseases
and sickness as a result of intoxication), as well as for injuries
received arising out of and in the course of the employment.
No assessment of employee for such hospital contracts or bene- Employee**
fits shall exceed one dollar per month for each employee, except Paynient«.
in cases where' it shall appear to the satisfaction of the board,
after a hearing had for that purpose, that the actual cost of such
service exceeds the said sum of one dollar per month, and any
such finding of the board may be modified at any time when justi
fied by a change of conditions, or otherwise, either upon the
board’s own motion, or the application of any party in interest.
No profit, directly or indirectly, shall be made by any employer
&s a result of such hospital contract or assessment. It is the
purpose and intent of this act to provide that each and every
hospital maintained wholly or in part by payments from work
men, which furnishes treatment and services to employees for
sickness and injury, as provided in this act shall be under the
supervision of the board as to services and treatment rendered
such employees, and shall, from time to time make reports of such
services, attendances, treatments, receipts and disbursements as
the board may require.
S e c . 18. Where the injury causes total disability for work the
Total d 1 s employer during such disability, but not including the first seven ability,
days thereof, shall pay the injured employee a weekly compensa
tion equal to fifty-five per cent of his average weekly wages, but
not more than twelve dollars nor less than six dollars a week for
a period not exceeding 400 weeks, and thereafter a weekly com
pensation of six dollars a week. In no case shall the weekly pay
ments continue after the disability ends.
In case of an employee whose average monthly wages are less
than six dollars a week the weekly compensation shall be the
full amount of such average weekly wages, but where the disabil
ity is permanent the weekly compensation in such cases shall be
six dollars.
In case the total disability begins after a p e r i o d of partial dis
ability, the period of partial disability shall be deducted from such
total period of 400 weeks.
S e c . 19. In the case of the following injuries in the absence of
Pr e i umpconclusive proof to the contrary the disability caused thereby tions.
shall be deemed total and permanent; to w it:
(a) The total and permanent loss of sight in both eyes.
(b) The loss of both feet at or above the ankle.
172
Partial d i
ability.
Schedule.
w o r k m e n 's
c o m p e n s a t io n
l e g is l a t io n .
1
(c) The loss of both hands at or above the wrist.
(d) The loss of one hand and one foot.
(e) An injury to the spine resulting in permanent and complete
paralysis of both legs or arms or of one leg and one arm.
(f) An injury to the skull resulting in incurable imbecility or
insanity.
The above enumeration is not to be taken as exclusive.
>■
S e c . 20. Where the injury causes partial disability for work,
the employer, during such disability and for a period not exceed
ing 150 weeks beginning on the eighth day of disability, shall pay
the injured workman a weekly compensation equal to fifty-five
per cent of the difference between his average weekly wages before
the accident and the weekly wages he is most probably able to
earn thereafter, taking into account the nature of the physical
injury or disfigurement, the occupation of the injured employee
and his age at the time of the injury, not exceeding, however, the
difference between the wages which*the injured employee is most
probably able to earn after the injury and the maximum compen
sation allowed in cases of total disability: P rovid ed , h o w e v er ,
That such a sum shall be paid as compensation in each case,
which, when added to the wages which the injured employee is
able to earn after the injury, will equal the minimum com
pensation allowed in cases of total disability. In no case shall the
weekly payments continue after the disability ends, and in case
the partial disability begins after a period of total disability the
period of total disability shall be deducted from such total period
of 150 weeks.
S e c . 21. In the case of the following injuries the compensation
shall be fifty-five per cent of the average weekly wages, but not
more than twelve dollars, to be paid weekly for the periods stated
against such injuries respectively, to wit:
For the following
For the loss of—■
number of weeks.
One arm at or near the shoulder__________________________ 200
One arm at the elbow____________________________________ 180
One arm between the wrist and elbow_____________________ 160
One hand_______________________________________________ 150
One thumb and the metacarpal bone thereof_______________ 60
One thumb at the proximal joint__________________________ 30
One thumb at the second distal joint______________________ 20
One first finger and the metacarpal bone thereof____________ 30
One first finger at the proximal joint______________________ 20
One first finger at the second joint_________________________ 15
One first finger at the distal joint_________________________ 10
One second finger and the metacarpal bone thereof__________ 30
One second finger at the proximal joint___________________ _ 15
One second finger at the second joint______________________ 10
One second finger at the distal joint_______________________
5
One third finger and the metacarpal bone thereof_________ 20
One third finger at the proximal joint___________________ 12
One third finger at the second joint______________________
8
One third finger at the distal joint_______________________
4
One fourth finger and the metacarpal bone thereof_________ 12
9
One fourth finger at the proximal joint____________________
One fourth finger at the second joint________ -____________
6
3
One fourth finger at the distal joint_______________________
One leg at or so-near the hip joint as to preclude use of an artifi
cial limb_______________________________________________ 180
One leg at or above the knee where stump remains suffi
cient to permit the use of an artificial limb___________ 150
One leg between the knee and ankle______________________ 140
One foot at the ankle___________________________________ 125
One great toe with the metatarsal bone thereof___________ 30
One great toe at the proximal joint_______________________ 15
One great toe at the second joint__________________________ 10
One toe other than great toe with the metatarsal bone_____ 12
One toe other than great toe at proximal joint_______________
6
173
TEXT OF COMPENSATION LAWS— IDAHO.
For the loss of—
For the following
number of weeks.
One toe other than great toe at second or distal joint-l
One eye by enucleation.,_______________________________
Total blindness of one eye____________________________
3
120
100
In all other cases in this class, compensation shall bear such re
lation to the amount stated in the above schedule as the disabili
ties bear to those produced by the injuries named in the schedule.
S e c . 22. In all cases of hernia resulting from injury alleged to
-Hernia,
have been sustained in the course of and resulting from em
ployee’s employment, it must be proven:
(1)
That it was an injury resulting in hernia; (2) that the
hernia appeared suddenly and immediately following the injury;
(3) that the hernia did not exist in any degree prior to the
injury for which compensation is claimed.
S e c . 23. If a partially disabled employee refuses to seek suit- Malingering,
able work or refuses or neglects to work after suitable work is
offered to, procured by, or secured for him, he shall not be entitled
to any compensation.
S e c . 24. Average weekly wages shall be computed in such a
Computation
manner as is best calculated to give the average weekly earnings of wa*e*of the workman during the twelve months preceding his injury:
P r o v id ed , That where by reason of the shortness of the time
during which the workman has been in the employment, or the
casual nature of the employment, it is impracticable to compute
the rate of remuneration, regard may be had to the average
weekly earnings which, during the twelve months previous to the
injury, were being earned by a person in the same grade em
ployed at the same work by the employer of the injured work
man, or if there is no person so employed, by a person in the
same grade employed in the same class of employment and in
the same district.
If a workman at the time of the injury is regularly employed
in a higher grade of work than formerly during the year and with
large [rj regular wages, only such larger wages shall be taken into
consideration in computing his average weekly wages.
S e c . 25. Any payments made by the employer or his insurer to
Voluntary
the injured workman during the period of disability, or to his payments,
dependents, which, by the terms of this act, were not due and
payable when made, may, subject to the approval of the board,
be deducted from the amount to be paid as compensation: P r o
vided, That in case of disability such deduction shall be made by
shortening the period during which compensation must be paid,
and not by reducing the amount of the weekly payments.
S e c . 26. The board, upon the application of either party, may
Ti me* of
in its discretion, having regard to the welfare of the employee payments,
and the convenience of the employer, authorize compensation to
be paid monthly or quarterly instead of weekly.
S e c . 27. Whenever the board determines that it is for the best
Lump sums,
interest of all parties, the liability of the employer for compensa
tion may, on application to the board by any party interested,
be discharged in whole or in part by the payment of one or more
lump sums to be 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 four per cent
true discount compounded annually. The probability of the bene
ficiary’s death before the expiration of the period [within] which,
he is entitled to compensation shall be determined according to
the American experience table of mortality; but in the case of
compensation to the widow or widower of the deceased employee,
such lump sum shall not exceed 100 weeks’ compensation. The
probability of the happening of any other contingency affecting the
amount or duration of the compensation shall be disregarded.
The board shall not commute any payments to a widow or
widower except at her or his request.
114
w o r k m e n 's
Trustees.
COMPENSATION LEGISLATION.
Sec. 28. Whenever for any reason the board deems it expedient
any lump sum which is to be paid as provided in section 27 shall
be paid by the employer to some suitable person or corporation
appointed by the probate court as trustee to administer or apply
the same for the benefit of the person or persons entitled thereto
in the manner provided by the board. The receipt of such trustee
for the amount so paid shall discharge the employer or anyone
else who is liable therefor.
P a r t TV.
29. After an injury and during the period of disability,
WOrkman, if so requested by his employer, or ordered by the
board, shall submit himself to examination, at reasonable times
and places, to a duly qualified physician or surgeon designated and
paid by the employer. The workman shall have the right to have
a physician or surgeon designated and paid by himself present at
such examination, which right, however, shall not be construed
to deny to the employer’s physician the right to visit the injured
workman at all reasonable times and under all reasonable con
ditions during total disability. I f a workman refuses to submit
himself to or in any way obstructs such examination, his right
to take or prosecute any proceeding under this act shall be sus
pended until such refusal or obstruction ceases, and no compen
sation shall be payable for the period during which such refusal
or obstruction continues. „ If an injured workman persists in
insanitary, injurious or unreasonable practices which tend to
imperil or retard his recovery, the board may, in its discretion,
order the compensation of such workman to be suspended or
reduced.
Notice a n d
S e c . 30. No proceedings under this act for compensation for
claim.
any injury shall be maintained unless a notice of the injury shall
have been given to the employer as soon as practicable after the
happening thereof, and unless a claim for compensation with re
spect to such injury shall have been made within one year after
the date of the injury; or, in the case of death, then within one
year after such death, whether or not a claim had been made by
the employee himself for compensation. Such notice and such
claim may be given or made by any person claiming to be en
titled to compensation or by some one on his behalf. If payments
of compensation have been made voluntarily the making of a
claim within said period shall not be required.
Form.
S e c . 31. Such notice and such claim shall be in writing, and
such notice shall contain the name and address of the employee,
and shall state in ordinary language the time, piace, nature, and
cause of the injury, and shall be signed by him or by a person
on his behalf, or, in the event of his death, by any one or more
of his dependents, or by a person on their behalf. The notice
may include the claim.
Giving of nos EC. 32. Any notice under this act shall be given to the employer,
tice.
or, if the employer be a partnership, then to any one of the
partners. If the employer be a corporation, then the notice may
be given to any agent of the corporation upon whom process may
be served, or to any officer of the corporation, or any agent in
charge of the business at the place where the injury occurred.
Such notice shall be given by delivering it or by sending it by
mail by registered letter addressed to the employer at his or its
last known residence or place of business. The foregoing pro
visions shall apply to the making of a claim.
Sufficiency.
S e c . 33. A notice given under the provisions of section thirty
of this act shall not be held invalid or insufficient by reason of
any inaccuracy in stating the time, place, nature, or cause of
the injury, or otherwise, unless it is shown that the employer
was in fact misled to his injury thereby. Want of notice or
delay in giving notice shall not be a bar to proceedings under this
act if it be shown that the employer, his agent or representative,
Medical
aminations.
ex-
S e c t io n
TEXT OF COMPENSATION LAW S— IDAHO.
175
had knowledge of the accident* or that the employer has not been
prejudiced by such delay or want of notice.
Sec. 34. No limitation of time provided in this act shall run
as against any person who is mentally incompetent or a m inw
dependent so long as he has no committee, guardian, or next
friend.
P abt Y .
I n c o m p ets*
S e c t io n 35. A board is hereby created to be known as the
Iv5dll st£iai
industrial accident board, consisting of three members, to b e ^ ^ J J ,
appointed by the governor, with the approval of the senate.
The term of office of each member of said board shall be six
years, excepting that of the members of said board first appointed,
one shall be appointed to hold office' until the second Monday
of January, 1919, one until the second Monday of January, 1921,
and one until the second Monday of January, 1923. Not more
than one of the appointees to such board shall be a person who,
on account of his previous vocations, employment or affiliations
can be classed as a representative of employers, and not more
than one of such appointees shall be a person who, on account
of his previous vocation, employment or affiliations can be classed
as a representative of workmen; not more than two of the mem
bers of the board shall belong to the same political party. Any
vacancy during a term may be filled by appointment by the gov
ernor with the approval of the senate. If any appointment isi
made during the recess of the legislature it shall be subject to
confirmation by the senate during its next ensuing session. After
due notice and public hr ....
the governor may remove any com
missioner for cause and the good of the public service.
No person shall be eligible to appointment as a member of the
board unless he shall be at least thirty (30) years of age, a quali
fied elector of the State of Idaho and a resident of Idaho not less
than three years consecutively next preceding his appointment,
of good moral character and of a previous experience and training
to qualify him to efficiently and justly discharge the duties of his
office.
No person accepting appointment as a member of the board
and qualifying as such shall be eligible to election or appoint
ment to any public office during any calendar year which shall
include any part of the term of membership on the board for
which he may have been appointed and qualified and in which
such election shall be held or appointment made. Resignation
from membership on the board shall not relieve such member
from any of the provisions of this act, and the acceptance of
appointment and qualification as a member of the board shall
constitute a valid waiver of any and all statutory or constitu
tional rights to or eligibility for holding any other public office
during such time.
S e c . 36. The salary of each member of the board shall be
Salaries,
three thousand dollars per year.
Sec. 37. A majority of the board shall constitute a quorum General profor the transaction of business. The members of the board shall visions,
select one of their number as chairman. A vacancy on the board
shall not impair the right of the remaining members to per
form all the duties and exercise all the powers and authority of
the board. The act of a majority of the board, when in session
as a board* shall be deemed to be the act of the board, but any
investigation, inquiry or hearing which the board has power to
undertake or to hold may be undertaken or held by or before
any member thereof or any examiner or referee appointed by the
board for that purpose. Every finding, order, decision or award
made by any commissioner, examiner, or referee pursuant to
such investigation, inquiry or hearing, when approved and con
firmed by the board and ordered filed in its office shall be deemed
%
to be the finding, order, decision or award of the board.
S ec. 38. The board shall have a seal bearing the following Sea**
inscription: * Industrial accident board, State of Idaho, seal.”
176
w o r k m e n 's
COMPENSATION LEGISLATION.
The seal shall be affixed to all writs and authentications of
copies of records and to such other instruments as the board
shall direct. All courts shall take judicial notice of said seal.
Sec. 39. The board shall keep its principal office in the
Office*
capital of the State and shall be provided with suitable rooms,
necessary office furniture, stationery ai*d other supplies. For
the purpose of holding sessions in other places the board shall
have power to rent temporary quarters.
Sec. 40. The board shall employ such assistance and other
Employees.
employees as it may deem necessary to carry out the provi
sions of this act.
Salaries, etc.
Sec. 41. All officers and employees of the board shall re
ceive such compensation for their services as may be fixed
by the board, shall hold office at the pleasure of the board,
and shall perform such duties as are imposed on them by law
or by the board.
Sec. 42. The salaries of every person holding office or employ
Payment o f
salaries.
ment under the board, as fixed by law or by the board, shall
be paid monthly after being approved by the board upon claims
therefor to be audited and approved by the State board of exam
iners.
Expenses.
Sec. 43. All expenses incurred by the board pursuant to the
provisions of this act, including the actual and necessary travel
ing and other expenses and disbursements of the members
thereof, its officers and employees incurred while on business of
the board, either within or without the State, shall, unless other
wise provided in this act, be paid from the industrial adminis
tration fund after being approved by the board upon claims there
for to be audited and approved by the State board of examiners.
Sec. 44. The board shall cause to be printed such blank forms
Forms.
as it shall deem requisite to facilitate or promote the efficient
administration of this act. It shall provide a book in which shall
be entered the minutes of all its proceedings, a book of record
in which shall be recorded all awards made by the board and such
other books or records as it shall deem requisite for the purpose
and efficient administration of this act. All such records are
to be kept in the office of the board.
Reports.
Sec. 45. The board shall have the power and authority to
publish and distribute at its discretion from time to time, in
addition to its annual report, such further reports and bulletins
covering its operations, proceedings and matters relative to its
work as it may deem advisable.
Fees.
Sec. 46. The board shall have power and authority to charge
and collect the following fees:
(1) For copies of papers and records not required to be
certified or otherwise authenticated by the board, fifteen cents
for each folio; for certified copies of official documents and
orders filed in its office or of the evidence taken at any hear
ing, twenty cents for each folio.
(2) To fix and collect reasonable charges for publications is
sued under its authority.
(3) The fees charged and collected under this section shall be
paid monthly into the treasury of tlie State to the credit of the
industrial administration fund and shall be accompanied by a
detailed statement thereof.
L e g a l ad
Sec. 47. The attorney general shall be the legal adviser of
viser.
the board and shall represent it in all proceedings whenever so
requested by the board or any member thereof.
P art Y I.
Procedure.
Section 48. Process and procedure under this act shall be as
summary and simple as reasonably may be and as far as pos
sible in accordance with the rules of equity. The board or
any member thereof shall have the power to subpoena wit
nesses, administer oaths, and to examine such of the books
and records of the parties to a proceeding as relate to the
TEXT OF COMPENSATION LAWS— IDAHO.
177
questions in dispute. The district court shall have power to
enforce by proper proceedings the attendance and testimony
of witnesses, and the production and examination of books,
papers and records. Upon request of any party, a steno
graphic report of the testimony at any hearing shall be taken
at the cost of such party.
Witnesses subpoenaed by the board or a member thereof
shall be allowed such fees and traveling expenses as are allowed
in civil actions, to be paid by the party in whose interest such
witnesses are subpoenaed.
S e c . 49. If the employer and the injured employee reach an
Agreements,
agreement in regard to compensation under this act, a memo
randum of the agreement shall be filed with the board and, if
approved by it, thereupon the memorandum shall for all purposes
be enforcible under the provisions of section 58 unless modified
as provided in section 56.
Such agreements shall be approved by the board only when the
terms conform to the provisions of this act.
S e c . 50. If the compensation is not settled by agreement, either
C o m m itte e s
party may make an application to the board for the formation ef arbitration,
of a committee of arbitration. Such committee shall consist of
three members, one of whom shall be a member of the industrial
accident board, or appointed by it, who shall act as- chairman.
The other two members shall be named, respectively, by the
parties. If a vacancy occurs it shall be filled in the same way as
the original appointment.
S e c . 51. Immediately after such application the board shall Appointment,
designate one of its members, or a substitute, to act as chair
man of the committee of arbitration, and shall request the parties
to appoint their respective representatives. If within seven days
after such request, or after a vacancy has occurred, either party
does not appoint his representative the board shall fill the vacancy
and notify the parties to that effect.
S e c . 52. The committee on arbitration shall make such inquiries
Hearings
and investigations as it shall deem necessary. The hearings o f and awards,
the committee, unless otherwise agreed, shall be held in the
city or town where the injury occurred if within this State, and
the award of the committee, together with a statement of its
findings of fact, ruling of law, and any other matters pertinent
to the questions arising before it, shall be filed with the industrial
accident board. A copy of the award shall be immediately sent
to the parties. Unless a claim for a review is filed by either
party within thirty days the award shall be enforcible under the
provisions of section 56.
S e c . 53. The industrial accident board, or any member thereof,
Medical exmay appoint a duly qualified impartial physician to examine the amination.
injured employee and to report. The fee for this service shall
be ten dollars and traveling expenses, but the board may allow
additional reasonable amounts in extraordinary cases.
S e c . 5 4 . The fees and expenses of arbitrators under section 52
Fees,
and of physicians under section 5 3 shall be paid by the State, as
the other expenses of the board are paid.
S e c . 55. If an application for review is made to the board, or
Review,
if the committee fails to make an award within thirty days after
its formation, the board shall allow a full trial and shall make
an award which shall be filed with the record of proceedings and
shall state its conclusions of fact and rulings of law, and shall
immediately send to the parties a copy of the award.
S e c . 56. On the application of any party on the ground of a
Modificachange in conditions, the board may at any time, but not oftener tions.
than once in six months, review any agreement or award, and on
such review may make an award ending, diminishing, or increas
ing the compensation previously agreed upon or awarded, subject
to the maximum and minimum provided in this act, and shall,
state its conclusions of fact and rulings of law, and immediately
45615°— Bull. 243— 18------ 12
178
W O R K M E N ’ s COMPENSATION LEGISLATION.
send to the parties a copy of the award, but this section shall not
apply to a commutation of payments under section 27.
Appeals.
S e c . 57. An award of the board in the absence of fraud, shall
be final and conclusive between the parties except as provided
in section 56, unless within thirty days after a copy has been
sent to the parties, either party appeals to the district court.
On such appeal the jurisdiction of said court shall be limited to
a review of questions of law.
E n fo r c e - Sec. 58. Any party in interest may file in the district court
foi the county in which the injury occurred, if such injury oc
curred within the State, otherwise in the district court for the
county where the employer and employee resides, a certified
copy of a decision of the board awarding compensation, from
which no appeal has been taken within the time allowed therefor,
or a certified copy of a memorandum of agreement approved by
the board, whereupon said court shall render a decree or judg
ment in accordance therewith and notify the parties thereof. Such
decree or judgment shall have the same effect and all pro
ceedings in relation thereto shall thereafter b e . the same, as
though said decree or judgment had been rendered in a suit duly
heard and determined by said court, except that there ihall be
no appeal therefrom, and the same shall not constitute a lien upon
the real property of the employer unless execution shall be levied
thereon.
Costs.
S e c . 59. If the committee of arbitration, the board or any
court before wrhom any proceedings are brought under this act,
determines that such proceedings have been brought, prosecuted,
or defended without reasonable ground, he or it may assess the
whole cost of the proceedings upon the party who has so brought,
prosecuted or defended them.
Powers of S e c . 60. All questions arising under this act^ if not settled by
board.
agreement of the parties interested therein, with the approval of
the board, shall, except as otherwise herein provided, be de
termined by the board. The decisions of the board shall be enforcible by the district court under the provisions of section 58.
There shall be a right of appeal from decisions of the* board to
the district court as provided in section 57, but in no case shall
such an appeal, either under this section or under section 57, op
erate as a supersedeas or stay unless the board or the district
court shall so order.
Revision o f
S e c . 6 1 . The district court, upon the filing with it of a certified
decrees.
copy of a decision of the board, ending, diminishing, or increasing
compensation previously awarded, shall revoke or modify its
prior decree or judgment so it will conform to said decision.
Injuries outSec . 62. If a workman who has been hired in this State re
side of State, ceives personal injury by accident arising out of and in the course
of such employment, he shall be entitled to compensation accord
ing to the law of this State even though such injury was received
outside of this State.
If a workman who has been hired outside of this State is in
jured while engaged in his employer’s business, and is entitled
to compensation for such injury under the law of the State where
lie was hired, he shall be entitled to enforce against his employer
his rights in this State if his rights are such that they can reason
ably be determined and dealt with by the board and the courts in
this State.
P art VII.
status
of
awards.
ctc] Xofn
ments.
S e c t io n 63. All rights of compensation granted by this act
shall have the same preference or priority for the whole thereof
against the assets of the employer as is allowed by law for any un
paid wages for labor.
Sec* 64,
claims for compensation under this act shall be
assignable, and all compensation and claims therefor shall be
asjempt from all claims of creditors. Claims of attorneys and
of physicians for services under this act shall he subject to the
approval of the board.
TEXT OF COMPENSATION LAWS— IDAHO.
P ast
179
VIII.
S ection 65. Employers, but not including the State or the muSecurity
nicipal bodies mentioned in section 2 , shall secure compensation to payments,
their employees in one of the following ways:
(a) By insuring and keeping insured the payment of such com
pensation in the State insurance fund, or
(b) By depositing and maintaining with the State insurance
mauager security satisfactory to the board securing the payment
by said employer of compensation according to the terms of this
act. Such security may consist of a surety bond br guaranty con
tract with any company authorized to do surety or guaranty busi
ness 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 guaran
tee 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. 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 com
panies, to the end that the workmen secured under this act by
any such company, shall be adequately protected. 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 act
are not fully protected.
The board is also authorized to make and change such rules
and regulations as they shall deem necessary to secure the prompt
payment of compensation awards under this act, and shall with
draw their approval of any company, whenever it appears that
such company unnecessarily delays the payment of such awards.
S ec . 66. If the security so effected is not with the State insurNotice,
ance fund, the employer shall forthwith file with the State insur
ance manager, in form prescribed by the board, a notice of his
security.
of
Sec. 67. Every employer who has complied with section 65 of Notice te be
this act shall post and maintain in a conspicuous place or places posted,
in and about his place or places of business typewritten or printed
notices in form prescribed by the board, stating the fact that he
has complied with the law as to securing the payment of com
pensation to his employees and their dependents in accordance
with the provisions of this act.
S ec . 68. If an employer subject to the provisions of this act
Failure to
fails to comply with the provisions of section 65 he shall be liable secure compento a penalty for every day during which such failure continues, of sation*
one dollar for every employee to be recovered in an action brought
by the State insurance manager in the name of the State or in his
own name, and the amount so collected shall be paid into tbe
State insurance fund.
The State insurance manager may, however, in his discretion,
for good cause shown, remit any such penalty in whole or in part,
provided, the employer in default secures compensation, as pro
vided in section 65.
Furthermore, if any employer shall be in default under section
65 for a period of thirty days, he may be enjoined by the district
court from carrying on his business while such default continued.
' S ec.
69. Every policy of insurance in the State insurance fund
Provisions
and every guarantee contract or surety bond covering the liability of contracts.
of the employer for compensation, shall cover the entire liability
of the employer to his employees covered by the policy, bond, or
contract, and also shall contain a provision setting forth the right
of the employees to enforce in their own names either by at any
time filing a separate claim or by at any time making the surety a
party to the original claim, the liability of the surety in whole or
in part for the payment of such compensation: Provided, however,
180
W O R K M E N 's COMPENSATION LEGISLATION.
That payment in whole or in part of such compensation by either
the employer or the surety shall, to the extent thereof, be a bar
to the recovery against the other of the amount so paid.
Effect of no-
Diovert 0
p y *
Sec. 70. Every such policy and contract shall contain a provision
as between the employee and the surety, the notice to or
knowledge of the occurrence of the injury on the part of the em
ployer shall be deemed notice or knowledge, as the case may be,
on the part of the surety; that the jurisdiction of the employer
shall, for the purpose of this act, be jurisdiction of the surety,
and that the surety shall in all things be bound by and subject to
the orders, findings, decisions, or awards rendered against the em
ployer for the payment of compensation under the provisions of
this act.
Sec. 71. Every such policy and contract shall contain a provision
to the effect that the insolvency or bankruptcy of the employer
and his discharge therein shall not relieve the surety from the
payment of compensation for injuries or death sustained by an
employee during the life of such policy or contract.
N o t ic e of
Sec. 72. No policy of insurance or guaranty contract or surety
cancellation,
bond issued against liability arising under this act shall be canceled
within the time limited in such contract for its expiration until
at least ten days after notice of intention to cancel such contract on
a date specified in such notice, shall have been filed in the office of
the State insurance manager, and also served on the employer.
Public cor- Sec. 73. Any sums necessary to be paid under the provisions of
porations.
this act by any public corporation for premiums or compensation
shall be considered to be ordinary and necessary expenses of such
corporation, and the governing body of such public corporation
shall make appropriation of and pay such sums whenever neces
sary, notwithstanding that such governing body may have failed to
anticipate such ordinary and necessary expense in any budget,
estimate of expenses, appropriation ordinance, or otherwise.
Deductions Sec. 74. No agreement by an employee to pay any portion of
from wages.
tlie premiums pai(j
his employer to the State insurance fund
or to contribute to a benefit fund or department maintained by
such employer, except as authorized by sections 9 and 17, or to
the cost of other security maintained for or carried for the pur
pose of securing compensation as herein required shall be valid;
and any employer who makes a deduction for such purpose from
the wages or salary of any employee entitled to the benefits of this
act shall be guilty" of a misdemeanor.
Insolvency.
P art
IX.
state insur- S ection 75. There is hereby created a fund, to be known as
ance fund.
“The State insurance fund,” for the purpose of insuring em
ployers against liability for compensation under this workmen’s
compensation act and of assuring to the persons entitled thereto
the compensation provided by said act. Such fund shall consist
of all premiums and penalties received ancl 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 shall be administered by the State insurance manager
without liability on the part of the State beyond the amount of
such fund. Such fund shall be applicable to the payment of losses
sustained on account of insurance and to the payment of com
pensation under the workmen’s compensation act and of ex
penses of administering this part, which part may be cited as thfc
“ State insurance act.”
Manager.
S ec . 76. The governor, with the approval of the senate, shall
appoint a manager of the State insurance fund, 's ho shall hold
office for the term of five, years unless sooner removed by the
governor for cause stated. Any vacancy in said office may be
filled at any time by appointment made by the governor with the
approval of the senate. If such an appointment is made during a
TEXT OF COMPENSATION LAW S— IDAHO.
181
recess of the legislature it shall be subject to confirmation by the
senate at its next ensuing session.
Sec. 77. It shall be the duty of such State insurance manager to P o w e r s and
conduct the business of the State insurance fund and he is hereby duties,
vested with full authority over the said fund, and may do any and
all things which are necessary or convenient in the administration
thereof, or in connection with the insurance business to be carried
on by him under the provisions of this act.
S ec . 78. The State insurance manager shall have full power to Rates,
determine the rates to be charged for insurance in said fund, and
to conduct all business in relation thereto, all of which business
shall be conducted in his official name of State insurance manager.
Sec. 79. The State insurance manager may in his official name
Power as to
sue and be sued in all the courts of the State, and before the in- suits,
dustrial accident board in all actions or proceedings arising out of
anything done or offered in connection with the State insurance
fund or business relating thereto.
S ec . 80. The State insurance manager may in his official name
Contracts,
make contracts of insurance as herein provided and such other
contracts relating to the State insurance fund as are authorized
or permitted under the provisions of this act.
S ec . 81. The State insurance manager may employ such asEmployees,
sistants, experts, statisticians, actuaries, accountants, inspectors,
clerks, and other employees as he may deem necessary to carry
out the provisions of this act or to perform the duties imposed upon
him by this act.
S ec . 82. The State insurance manager shall not, nor shall any
Personal liaperson employed by him, be personally liable in his private ca- bility.
pacity for or on account of any act performed or contract entered
into in an official capacity in good faith and without intent to'de
fraud, in connection with the administration of the State insur
ance fund or affairs relating thereto.
Sec. 83. The salary of the State insurance manager shall be Salary,
four thousand dollars per year. His salary, and the salaries or
compensation of his several employees, and all expenses incurred
by him shall be audited and paid in the first instance out of the
State treasury in the manner prescribed for similar expenditures
in other departments or branches of the State service.
S ec . 84. The State insurance manager may act through proper Delegation of
deputies and may delegate to such deputies such powers as he powers,
deems necessary or convenient.
Among the powers which may be so delegated shall be the power
to enter into contracts of insurance, insuring employers against
liability for compensation under the workmen’s compensation act,
and insuring to employees the compensation fixed by said act; also
the power to make agreements, subject to the approval of the in
dustrial accident board having jurisdiction, for the settlement of
claims against said fund for compensation for injuries in accord
ance with the provisions of said act; also the power to determine
to whom and through whom payments of such compensation shall
be made; and also the power to contract with physicians, sur
geons, and hospitals for medical and surgical treatment and care
and nursing of injured persons entitled to compensation from
said fund.
S ec . 85. Before entering on the duties of his office the State
Bond,
insurance manager shall give an official bond in the sum of fifty
thousand dollars and shall take and subscribe an official oath.
Said bond shall be approved and filed as in the case of other official
bonds required of State officials.
Sec. 86. The State treasurer shall be the custodian of the State Custody of
insurance fund; and all disbursements therefrom shall be paid by fund,
him upon warrants or vouchers authorized and signed by the State
insurance manager, and also signed by the State auditor. The
State treasurer shall give a separate and additional bond in an
amount to be fixed by the governor, and with sureties approved by
him, conditioned for the faithful performance of his duty as cus
todian of the State insurance fund. The State treasurer may de-
182
w o r k m e n 's
c o m p e n s a t io n
l e g is l a t io n .
posit any portion of the said fund not needed for immediate use,
in the manner and subject to all the provisions of law respecting
the deposit of other State funds by him. Interest earned by such
portion of the State insurance fund deposited by the State treas
urer shall be collected by him and placed to the credit of the fund.
Surplus and S e c . 8 7 . Ten per cent of the premiums collected from employers
reserve.
insured in the fund shall be set aside by the State insurance man
ager for the creation of a surplus, until such surplus shall amount
to the sum of one hundred thousand dollars, and thereafter five
per cent of such premiums, until such time as in the judgment of
the State insurance manager such surplus shall be sufficiently
large to cover the catastrophe hazard and all other unanticipated
losses. The State insurance manager shall also set up and main
tain a reserve adequate to meet anticipated losses and carry all
claims and policies to maturity. The amount of such surplus
and reserve shall be subject to the approval of the State insurance
commissioner.
Investments. S e c . 88. The State insurance manager may invest any of the
surplus or reserve funds belonging to the State insurance fund in
the same securities and investments authorized for investments
by savings banks. All such securities or evidences of indebted
ness shall be placed in the hands of the State treasurer, who shall
be the custodian thereof. He shall collect the principal and in
terest thereof, when due, and pay the same into the State in
surance fund. The State treasurer shall pay all warrants or
vouchers drawn on the State insurance fund for the making of
such investments when signed by the State insurance manager
and by the State auditor. The State insurance manager, with
the consent of the State auditor, may sell any of such securities,
the proceeds thereof to be paid over to the State treasurer for
^aid State insurance fund.
Expenses.
S e c . 89. The entire expense of administering the State insur
ance fund shall be paid in the first instance by the State, out of
moneys appropriated therefor. In the month of July, nineteen
hundred eighteen, and semiannually thereafter in such month,
the State insurance manager shall ascertain the just amount of
expense incurred by him during the preceding calendar year, in
the administration of the State insurance fund, including expense
incurred for the examination, determination, and payment of
losses and claims, and shall refund such amount to the State
treasury.
C l a s s i f i - S e c . 90. Employments insured in the State insurance fund shall
cations.
be divided by the State insurance manager, for the purposes of
the said fund, into classes. Separate accounts shall be kept of
the amounts collected and expended in respect to each such class
for convenience in determining equitable rates; but for the pur
pose of paying compensation the State insurance fund shall be.
deemed one and indivisible. The State insurance manager shall
have power to rearrange any of the classes by withdrawing any
employment embraced in it and transferring it wholly or in part
to any other class, and from such employments to set up new
classes in his direction [discretion]. The State insurance manager
shall determine the hazards of the different classes and fix the
rates of premiums therefor based upon the total pay roll and
number 3f employees in each of such classes of employment at the
lowest possible rate consistent with the maintenance of a solvent
State insurance fund and the creation of a reasonable surplus and
reserve; and for such purpose may adopt a system of schedule
. rating in such a manner as to take account of the peculiar hazard
of each individual risk.
Separate acS e c . 91. The State insurance manager shall keep an account of
counts.
the money paid in premiums by each of the several classes of
employments, and the expense of administering the State insur
ance fund and the disbursements on account of injuries and
deaths of employees in each of said classes, including the setting
up of reserves adequate to meet anticipated and unexpected losses
and to carry the claims to maturity; and also an account of the
TEXT OF COMPENSATION LAW S— IDAHO.
money received from each individual employer; and of the
amount disbursed from the State insurance fund for expenses,
and on account of injuries and death of the employees of such
employer, including the reserves so set up.
Sec. 92. At the end of every year, and at such other times
as the State insurance manager in his discretion may deter
mine, a readjustment of the rate shall be made for each of the
several classes of employments or industries. If at any time
there is an aggregate balance remaining to the credit of any
class of employment or industry which the State insurance
manager deems may be safely and properly divided,, he may
in his discretion credit to each individual member of such class
who shall have been a subscriber to the State insurance fund
for a period of six months or more, prior to the time of such
readjustment, such proportion of such balance as he is properly
entitled to, having regard to his prior paid premiums since
the last readjustment of rates.
Sec. 93. If the premiums fixed for any class and collected
from its members are subsequently found by the State insur
ance manager to have been too small for any period, he may
determine what additional premiums are required from said
class for said period, and may make assessments accordingly,
and each of the members of such class shall be liable to the
said manager to pay such assessment so made upon him within
thirty days after notice thereof.
Sec. 94. If the amount of premium collected from any em-
183
Dividends,
Assessments,
Readjustployer at the beginning of any period is ascertained by using ments.
the estimated expenditure of. wages for the period of time cov
ered by such premium payment as a basis, an adjustment of the
amount of such premium shall be made at the end of such period
and the actual amount of such premium shall be determined in
accordance with the amount of the actual expenditure of wages
for such period; and if such wage expenditure for such period
is less than the amount on which such estimated premium was
collected, such employer shall be entitled to receive a refund
from the State insurance fund of the difference between the
amount so paid by him and the amount so found to be actually
due, or to have the amount of such difference credited on suc
ceeding premium payments at his option; and if such actual
premium, when so ascertained, exceeds in amount a premium so
paid by such employer at the beginning of such period, such
employer shall immediately, upon being advised of the true
amount of such premium due, forthwith pay to the State in
surance manager an amount equal to the difference between the
amount actually found to be due and the amount paid by him
at the beginning of such period.
Sec. 95. (1) Every employer insuring in the State insurance Policies,
fund shall receive from the State insurance manager a contract
or policy of insurance in a form to be approved by the State in
surance commissioner.
(2)
Except as otherwise provided in this act, all premiums Payment #f
shall be paid by every employer who elects to insure with the Premmms*
State insurance fund to the State insurance manager on or
before January first, nineteen hundred and eighteen, and semi
annually thereafter or' at such other times as may be prescribed
by the State insurance manager. Receipts shall be given for such
payments and the money shall be paid over to the State treasurer
to the credit of the State insurance fund.
Sec. 96. If an employer shall default in any payment required Defaults,
to be made by him to the State insurance fund, the amount
due from him shall be collected by civil action against him in
the name of the State or of the State insurance manager, and it
shall be the duty of the State insurance manager forthwith to
bring or cause to be brought against each such employer a civil
action in the proper court for the collection of such amount so
due; and the same, when collected by the State insurance
manager,.shall be paid into the State insurance fund, and such
184
w o r k m en ’s
COMPENSATION LEGISLATION.
employer’s compliance with the provisions of this act requiring
payments to be made to the State insurance fund shall date
from the time of the payment of said money so collected to the
State insurance manager.
An employer who is in default for ten days in payment of
any premium shall also be liable to a penalty for every day
during which such failure continues of one dollar for every
employee, to be recovered in an action brought by the State
insurance manager in the name of the State, or in his own
name and the amounts so collected shall be paid into the State
insurance fund.
The State insurance manager may, however, in his discre
tion for good cause shown, remit any such penalty in whole or
in part, provided the employer in default subsequently pays
the premium.
W ithdrawal
Sec. 97. Any employer may, upon complying with subdivision
from fund.
(b) of section 65 of this act, withdraw from the fund by
turning in his insurance contract or policy for cancellation:
Provided, He is not in arrears for premiums due to the fund
and has given to the State insurance manager written notice
of his intention to withdraw thirty days before the expiration
of the period for which he has elected to insure in said fund;
And also provided, That in case any employer so withdraws, his
liability to assessments shall continue after the date of such
withdrawal as against all liabilities for such compensation ac
cruing prior to such withdrawal.
Any employer so withdrawing may, however, terminate his
entire liability by paying to the State insurance manager such
sum as said manager may deem sufficient to cover such lia
bilities.
Sec. 98. The State insurance manager may reinsure any risk,
Reinsurance.
or any part thereof, and may enter into agreements of reinsurance
in the same way and to the same extent as other insurance
carriers.
Sec. 99. Every employer who is insured in the State insurance
Pay rolls.
fund shall keep a true and accurate record of the number of his
employees and the wages paid by him, and shall furnish to the
State insurance manager, upon demand, a sworn statement of
the same. Such record shall be open to inspection at any time
and as often as the State insurance manager shall require to
verify the number of employees and the amount of pay roll.
Sec. 100. An employer who shall willfully misrepresent the
Misrepresen
amount of the pay roll upon which the premiums chargeable by
tations.
the State insurance fund are to be based shall be liable to the
State in ten times the amount of the difference between the pre
miums paid and the amount the employer should have paid had
his pay roll been correctly computed; and the liability to the
State under this section shall be enforced in a civil action by
the State insurance manager in the name of the State, or in
his own name, and any amount so collected shall become a part of
State insurance fund.
Sec. 101. Any person who willfully misrepresents any fact
game.
in order to obtain insurance in the State insurance fund at
less than the proper rate for such insurance, or in order to
obtain payment out of such fund, shall be guilty of a misdemeanor.
Sec. 102. The- State insurance manager shall have the right
Inspections.
to inspect the plants and establishments of employers insured in
the State insurance fund; and the inspectors designated by the
State insurance manager shall have free access to such premises
during regular working hours, and at other reasonable times.
Sec. 103. Information acquired by the State insurance manager
Information
confidential
or his officers or employees from employers or employees pursuant
to this act shall not be open to public inspection, and any officer
or employee of the State insurance manager who, without author
ity of the State insurance manager or pursuant to his rules, or
as otherwise required by law, shall disclose the same shall be
guilty of a misdemeanor.
TEXT OF COMPENSATION LAWS— IDAHO.
185
Premium
Sec. 104. All premium rates fixed by tlie State insurance
rates to be ap
manager for the State insurance fund shall be subject to the proved.
approval of the insurance commissioner in the same way and
to the same extent as may be provided by law in the case of
private insurance carriers.
A llo tm e n ts
Sec. 105. The State insurance manager shall submit each month
to the State board of examiners an estimate of the amount neces for payments.
sary to meet the current disbursements for insurance losses and
workmen’s compensation from the State insurance fund, during
each succeeding calendar month, and when such estimate shall be
approved by the State board of examiners, the State treasurer is
authorized to pay the same out of the State insurance fund. At the
end of each calendar month the State insurance manager shall
account to the State board of examiners for all moneys so received,
furnishing proper vouchers therefor.
Sec. 106. The State insurance manager shall file with the State Reports.
insurance commissioner such reports as may be required of other
insurance carriers; and shall also, whenever so requested by the
State insurance commissioner, furnish him with such further in
formation as he may need for the performance of the duties im
posed upon him by this act.
Public cor
S ec. 107. A public corporation may insure against its liability porations.
for compensation with the State insurance fund and not with any
other insurance carrier, unless such fund shall refuse to accept
the risk when the application for insurance is made.
P a rt
X.
Reports
shall hereafter keep a record of accidents.
received by his employees in the
course of their employment. Within forty-eight hours, not count
ing Sundays and legal holidays, after the occurrence of an injury
causing absence from work for one day or more, a report therefor
shall be made in writing to the board in the form prescribed by
the board.
Upon the termination of the disability of the injured em
ployee, the employer shall make a supplemental report to the
board, in form prescribed by the board. If the disability ex
tends beyond a period of sixty days, the employer shall report
to the board at the end of such period that the injured employee
is still disabled, and upon the termination of the disability shall
file a final supplemental report as provided above.
The said reports shall contain the name and nature of the
business of the employer, the situation of the establishment, the
name, age, sex, wages and occupation of the injured employee,
and shall state the date and hour of the accident causing the in
jury, the nature and cause of the injury, and such other in
formation as may be required by the board.
Section 108. Every employer
all injuries, fatal or otherwise,
of
Any employer who refuses or neglects to make the report
required by this section shall be punished by a fine of not more
than five hundred dollars for each offense.
Within sixty days after the termination of the disability of
the injured employee, the employer or other party liable to pay
the compensation provided for by this act shall file with the
board a statement showing the total payments made or to be
made for compensation and for medical services for such injured
employee.
Sec. 109. This act shall affect the liability of employers to I n t e r s t a te
employees engaged in interstate or foreign commerce, or other commerce.
wise, only so far as the same is permissible under the laws of
the United States.
Definitions.
Sec. 110. In this act, unless the context otherwise requires,
words and phrases shall have the following meanings:
Sec. 110-a. “ Employer ”
unless otherwise stated, includes Employer.
any body of persons, corporate or unincorporated, public or
private, and the legal representative of a deceased employer.
It includes the owner or lessee of premises, or other person
186
Workman.
Outworkers.
Injury.
w o r k m e n ' s c o m p e n s a t io n
l e g is l a t io n .
who is virtually the proprietor or operator of the business there
carried on, but who, by reason of there being an independent
contractor, or for any other reason, is not the direct employer
of the workmen there employed. If the employer is secured
it includes his surety so far as applicable.
Sec. 110-b. “ Workman ” is used as synonymous with “ em
ployee ” and means any person who has entered into the employ
ment of, or works under contract of service or apprenticeship
with, an employer. It does not include any person engaged in
any of the excepted employments enumerated in section 3, unless
an agreement as provided in said section is in force between
employer and employee making the provisions hereof applicable,
nor does it include a person whose remuneration exceeds twentyfour hundred dollars a year. Any reference to a workman who
has been injured shall, where the workman is dead, include a
reference to his dependents as herein defined, if the context so
requires, or, where the employee is a minor or incompetent, to his
committee or guardian or next friend.
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
expressly provided 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 jurisdic
tion of the courts the same as other property of minors.
Sec. 110-c. An “ outworker ” is a person to whom articles or
materials are given to be treated in any way on premises not
under the control or management of the person who gave them
out.
Sec. 110-d. “ Injury ” or “ personal injury ” includes death re
sulting from injury within two years.
Sec. 110-e. The words “ personal injury by accident arising out
of and in the course of such employment ” shall include an injury
caused by the willful act of a third person directed against an
employee because of his employment. They shall not include
a disease except as it shall result from the injury.
Employment.
Sec. 110-f. “ Employment,” in the case of private employers,
includes employment only in a trade or occupation which is car
ried on by the employer for the sake of pecuniary gain. It shall
also include any of the pursuits specified in section 3 when the
employer and the employee shall have elected to come under the
act as in said section provided.
Board.
Sec. 110-g. The word “ board,” whenever used in this act, un
less the context shows otherwise, shall be taken to mean the
industrial accident board.
1
Partial dis
Sec. 110-h. “ Partial disability.” Diminished ability to obtain
ability.
employment owing to disfigurement resulting from an injury may
be held to constitute partial disability.
Wages.
Sec. 110-i. “ WTages ” shall include the market value of board,
lodging, fuel, and other advantages which can be estimated in
money which the employee receives from the employer as a part
of his remuneration. “ Wages ” shall not include any sums
which the employer has paid to the employee to cover any special
expenses entailed on him by the nature of his employment.
Surety.
Sec. 110-j. “ Surety ” shall include the State insurance man
ager, representing the State insurance fund, and also any com
panies from any of which employers have obtained surety bonds
or guaranty contracts in accordance with the provisions of
this act.
Scope.
Number and
sex.
Provisions
severable.
S ec. 110-k. Any terms shall include the singular and both sexes
where the context so requires.
Sec. 111. If any part or section of this act be decided by the
courts to be unconstitutional or invalid, the same shall not affect
the validity of the act as a whole, or any part thereof which can
be given effect without the part so decided to be unconstitutional
or invalid.
TEXT OF COMPENSATION LAWS---- IDAHO.
187
Sec. 112. If for the purpose of obtaining any benefit or pay False state
ment under the provisions of this act, either for himself or for ments.
any other person, any one willfully makes a false statement or
representation, he shall be guilty of a misdemeanor and he sliall
forfeit all right to compensation under this act after conviction
for such offense.
Prior
in
S e c . 113. The provisions of this act shall not apply to injuries
sustained, or accidents which occur, prior to the taking effect juries.
hereof.
S e c . 114. This act shall be so interpreted and construed as to Construction.
effect its general purpose to make uniform the law of those States
which enact it.
S e c . 115. For the purpose of carrying out Part IX of this act
A p p rop ria
there is hereby appropriated out of the funds in the State treas tion.
ury not otherwise appropriated, the sum of twenty thousand dol
lars or so much thereof as may be necessary to be placed in the
State insurance fund and to be refunded as provided in section
89 of this act. There is also hereby appropriated out of the
funds in the State treasury not otherwise appropriated the sum of
fifteen thousand dollars, or so much thereof as may be necessary,
to be placed in the industrial administration fund.
S e c . 116. This act may be cited as the “ Workmen’s compen
Title.
sation act.”
S e c . 117. Part IX of this act shall take effect on the first day
Act in effect.
of July, 1917; the remainder thereof shall take effect on the first
day of January, 1918.
Approved, March 16, 1917.
ILLINOIS.
ACTS OF 1913.
Compensation of workmen for injuries.
(Page 335.),
[This act is so extensively amended by acts of 1917, pp. 490
and 505, that it is reproduced throughout, in its amended form.]
S e c t i o n 1 (as amended by act, p. 505, acts of 1917).
Any Election b y
' employer in this State, who does not come within the classes certain e m enumerated by section three (3) of this act, may elect to pro- Payers,
vide and pay compensation for accidental injuries sustained by
any employee arising out of and in the course of the employment
according to the provisions of this act, and thereby relieve him
self from any liability for the recovery of damages, except as
herein provided.
(a) Election by any employer to provide and pay compensa- How made,
tion according to the provisions of this act shall be made by the
employer filing notice of such election with the industrial board.
(b) Every employer within the provisions of this act who has Terms,
elected to provided [provide] and pay compensation according
to the provisions of this act, shall be bound thereby as to all his
employees covered by this act until January 1 of the next suc
ceeding year and for terms of each year thereafter: Provided, N o t i ce of
Any such employer who may have once elected, may elect not to withdrawal,
provide and pay the compensation herein provided for accidents
resulting in either injury or death and occurring after the ex
piration of any such calendar year by filing notice of such election
with the industrial board at least sixty days prior to the expira
tion of any such calendar year, and by posting such notice at a
conspicuous place in the plant, shop, office, room or place where
such employee is employed, or by personal service, in written or
printed form, upon such employee, at least sixty (60) days
prior to the expiration of any such calendar year.
(c) In the event any employer mentioned in this section, elects Presumption
to provide and pay the compensation provided in this act, then a s t o e m every employee of such employer, as a part of his contract 0f p yees*
hiring or who may be employed at the time of the taking effect
of this act and the acceptance of its provisions by such employer,
shall be deemed to have accepted all the provisions of this act
and shall be bound thereby unless within thirty (30) days after
such hiring or after the taking effect of this act, and its accept
ance by such employer, he shall file a notice to the contrary with
the industrial board, whose duty it shall be to immediately notify
the employer, and until such notice to the contrary is given to
the employer, the measure of liability of such employer shall be
determined according to the compensation provisions of this act:
Provided, however, That any employee may withdraw from the
l of
operation of this act upon filing a written notice of withdrawal
at least ten (10) days prior to January 1st of any year with the
industrial board, whose duty it shall be to immediately notify
such employer by registered mail, and, until such notice to the
contrary is given to such employer, the measure of liability of
such employer shall be determined according to the compensa
tion provisions of this act.
(d) Any such employer or employee may, without prejudice to
any existing right or claim, withdraw his election to reject this
189
1 90
w o r k m e n ’s
COMPENSATION LEGISLATION.
act by giving thirty (30) days’ written notice in such manner and
form as may be provided by the industrial board.
E m p lo y
ments a u t o
matically cov
ered.
Sec. 2. (Repealed.)
Sec. 3 (as amended
by act, p. 505, acts of 1917). The provi
sions of this act hereinafter following, shall apply automatically,
and without election to all employers and their employees engaged
in any of the following enterprises or businesses which are hereby
declared to be extra hazardous, namely:
1. The erection, maintaining, removing, remodeling, altering or
demolishing of any structure, except as provided in subsection 8
of this section.
2. Construction, excavating or electrical work, except as pro
vided in subsection 8 of this section.
3. Carriage by land or water and loading or unloading in con
nection therewith.
4. The operation of any warehouse or general or terminal
store houses.
5. Mining, surface mining or quarrying.
6 . Any enterprise in which' explosive materials are manufac
tured, handled or used in dangerous quantities.
7. In any enterprise wherein molten metal, or explosive or in
jurious gases or vapors, or inflammable vapors or fluids, or cor
rosive acids, are manufactured, used, generated, stored or con
veyed in dangerous quantities.
8 . In any enterprise in which statutory or municipal ordinance
regulations are now or shall hereafter be imposed for the regu
lating, guarding, use or the plaeing of machinery or appliances
or for the protection and safeguarding of the employees or the
public therein; each of which occupations, enterprises or busi
nesses are hereby declared to be extra hazardous: Provided,
Nothing contained herein shall be construed to apply to any
work, employment or operations done, had or conducted by
farmers and others engaged in farming, tillage of the soil, or
stock raising, or to those who rent, demise or lease land for any
such purposes, or to any one in their employ or to any work done
on a farm or country place no* matter what kind of work or
service is being done or rendered.
Pleading.
Sec. Sy2 <added by act, p. 490, acts of 1917). <a) If the plain
tiff in any action mentioned in section 3 shall in his declaration
or in his other pleading allege that the employer has filed notice
of his election not to provide and pay compensation according to
the provisions of the workmen’s compensation act and such alle
gation be not denied by a verified pleading, then such employer
shall for the purposes of that action be conclusively presumed to
have filed his notice of nonelection.
C e r t if ieate
(b)
A certificate of the fact of the filing by an employer of the
of nonelection.
notice of nonelection provided in section 2 and of the nonwith
drawal thereof shall be prima facie proof in any action mentioned
in section 3 of the fact of the filing of such notice of nonelection
and of the nonwithdrawal thereof. Such certificate may be under
the seal of the industrial board and signed by any member or the
secretary thereof, of which seal and signature as such officer the
court shall take judicial notice. Said certificate may be in sub
stantially the following form:
This is to certify that the attached is a correct eopy of notice
filed with the industrial board b y _____________________ on the
________________ day o f -------------------------- , 19_, electing not to
provide and pay compensation according to the provisions of the
workmen’s compensation act of Illinois, and that the original of
said notice is now on file in the office of the industrial board and
lias not been withdrawn since the date of the filing thereof.
In witness whereof, this certificate has been subscribed and the
seal of the industrial board affixed this___ day o f_______ , 19—
of Industrial Board.
TEXT OF COMPENSATION LAWS---- ILLINOIS.
191
S e c . 4 (as amended by act, p. 505, acts of 1917). The term “ eraW ho are em
ployer ” as used in this act shall be construed to be;
pioyers.
First The State, and each county, city, town, township* incor
porated village, school district, body politic, or municipal corpo
ration therein.
Second. Every person, firm, public or private corporation, in
cluding hospitals, public service, eleemosynary, religious or chari
table corporations or associations who has any person in service
or under any contract for hire, express or implied, oral or written,
and who is engaged in any of the enterprises or businesses
enumerated in section three (3) of this act, or who at or prior
to the time of the accident to the employee for which compensa
tion under this act may be claimed, shall in the manner provided
in this act, have elected to become subject to the provisions of
this act, and who shall not, prior to such accident, have effected
a withdrawal of such election In the manner provided in this act.
S e c . 5 (as amended by act, p. 490, acts of 1917)* The term
Employees.
“ em p loyeeas 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, express or implied, oral or written, except any
official of the State, or of any county, city, town, township, in
corporated village, school district, body politic or municipal cor
poration therein: Provided, That any such employee, his personal
representative, beneficiaries or heirs, who is, are or shall be en-*
titled 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 or
municipal corporation therein is a contributor, in whole or in
part, shall be entitled to receive only such part of pension or
benefit as is in excess of the amount of compensation recovered
and received by such employee, his personal representative, bene
ficiaries or heirs under this act: And, provided., further. That one
employed by a contractor *who has contracted with the State, or
a county, city, town, township, incorporated village, school dis
trict, body politic or municipal corporation, therein, through its
representatives, shall not be considered, as an employee of the
State, county, city, town, township, incorporated village, school
district, body politic or municipal corporation wiiich made the
contract.
Second. Every person in the service of another under any con
tract of hire, express or implied, oral or written, including aliens*
and minors, who are legally permitted to work under the laws of
the State, who, for the purpose of 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 Includ
ing any person who Is not engaged in the usual course of the
trade, business, profession or occupation of his employer: Provided, That employees shall not be included within the provisions
of this act when excluded by the laws of the United States relat
ing to liability of employers to their employees for personal in
juries where sucli laws are he Id to be exclusive.
Sec. 6 . No common law or statutory right to recover damages guits a b 0 i.
for injury or death sustained by any employee while engaged in ished.
the line of his duty as such employee other than the compensation
herein provided shall be available to a^iy employee who is covered
by the provisions of this act, to any one wholly or partially de
pendent upon him, the legal representatives of his estate, or any
one otherwise entitled to recover damages for such injury.
S e c . 7 (as amended by act, p. 490, acts of 1917). The amount
Compensaof compensation which shall be paid lor an injury to th e employee tion for death,
resulting In death shall b e :
(a)
If the employee leaves any widow, child or children whom
he was under legal obligation to support at the time of his injury,
a sum equal to four times the average annual earnings of the em-
192
w o r k m e n ’s
COMPENSATION LEGISLATION.
ployee, but not less in any event than one thousand six hundred
fifty dollars and not more in any event than three thousand
five hundred dollars. Any compensation payments other than
necessary medical, surgical or hospital fees or services shall be
deducted in ascertaining the amount payable on death.
(b) If no amount is payable under paragraph (a) of this sec
tion and the employee leaves any parent who at the time of in
jury was totally dependent upon the earnings of the employee,
then a sum equal to four times the average annual earnings of the
employee, but not less in any event than one thousand six hundred
fifty dollars, and not more in any event than three thousand five
hundred dollars.
(c) If no amount is payable under paragraph (a) or (b) of this
section and the employee leaves any parent, grandparent or grand
child who at the time of injury was dependent upon the earnings
of the employee, then such proportion of a sum equal to four
times the average annual earnings of the employee as such depend
ency bears to total dependency, but not less in any event than one
thousand six hundred fifty dollars and not more in any event
than three thousand five hundred dollars. Any compensation
payments other than necessary medical, surgical or hospital fees
or services shall be deducted in ascertaining the amounts payable
on death.
(d) If no amount is payable under paragraphs (a), (b) 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 paragraph (a) of this sec
tion as the average annual contributions which the deceased made
to the support of such collateral dependent heirs during the two
years preceding the injury bears to his average annual earnings
during such two years.
(e) If no amount is payable under paragraph (a) or (b) or (c)
or (d) of this section, a sum not to exceed one hundred and fifty
dollars for burial expenses.
(f) All compensation except for burial expenses, provided for
in this section to be paid in case injury results in death, shall be
paid in installments equal to one-half the average earnings, at
the same intervals at which the wages or earnings of the em
ployee were paid; or if this shall not be feasible, then the install
ments shall be paid weekly: Provided, Such compensation may be
paid in a lump sum upon petition as provided in section 9 of this
act.
(g) The compensation to be paid for injury which results in
death, as provided in this section, shall be paid at the option of
the employer either to the personal representative of the de
ceased employee or to his beneficiaries, and shall be distributed to
the heirs wTho formed the basis for determining the amount of
compensation to be paid by the employer, the distributees’ share
to be in the proportion "of their respective dependency at the
time of the injury on the earnings of the deceased: Provided,
That, in the judgment of the court appointing the personal repre
sentative, a child’s distributive share may be paid to the parent
for the support of the child. The payment of compensation by the
employer to the personal representative of the deceased employee
shall relieve him of all obligations as to the distribution of such
compensations so paid. The distribution by the personal represen
tative of the compensation paid to him by the employer shall be
made pursuant to the order of the court appointing him.
(h) 1. Whenever in paragraph (a) of this section a minimum of
one thousand six hundred fifty dollars is provided, such minimum
shall be increased in the following cases to the following amounts:
One thousand seven hundred fifty dollars in case of a widow
and one child under the age of 16 years at the' time of the death
of the employee.
One thousand eight hundred fifty dollars in case of a widow
and two or more children under the age of 16 years at the time
of the death of the employee.
TEXT OF COMPENSATION LAWS---- ILLINOIS.
193
2. Wherever in paragraph (a) of this section a maximum of
three thousand five hundred dollars is provided, such maximum
shall be increased in the following cases to the following amounts:
Three thousand seven hundred fifty dollars in case of a widow
and one child under the age of 16 years at the time of the death
of the employee.
Four thousand dollars in case of a widow and two or more chil
dren under the age of 16 years at the time of the death of the
employee.
S e c . 8 (as amended by act, p. 490, acts of 1917). The amount
Nonfatal inof compensation which shall be paid to the employee for an injury juries,
not resulting in death shall be:
(a) The employer shall provide necessary first aid, medical, Medical etc.
surgical and hospital services; also medical, surgical and hospital services,
services for a period not longer than eight weeks, not to exceed,
however, the amount of $200. The employee may elect to se
cure his own physician, surgeon or hospital services at his own
expense.
(b) If the period of temporary total incapacity for work lasts T e m p o r a r y
for more than six working days, compensation equal to fifty per disability,
cent of the earnings, but not less than $6 nor more than $12 per
week, beginning on the eighth day of such temporary total in
capacity, and continuing as long as the temporary total in
capacity lasts, but not after the amount of compensation 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 sur
viving as provided in said paragraph (a), section 7.
(c) For any serious and permanent disfigurement to the hand, D is fig u r e head or face, the employee shall be entitled to compensation for ment.
such disfigurement, the amount fixed by agreement or by arbitra
tion in accordance with the provisions of this act, which amount
shall not exceed one-quarter of the amount of the compensation
which would have been payable as a death benefit under para
graph (a), section 7, if the employee had died as a result of the
injury at the time thereof, leaving heirs surviving, as provided in
said paragraph (a), section 7: Provided, That no compensation
shall be payable under this paragraph where compensation is pay
able under paragraph (d), (e) or (f) of this section: And, pro
vided further, That when the disfigurement is to the hand, head
or face as a result of any injury, for which injury compensation
is not payable under paragraph (d), (e) or (f) of this section,
compensation for such disfigurement may be had under this para
graph.
(d) If, after the injury has been sustained, the employee as a Partial disresult thereof becomes partially incapacitated from pursuing his ability,
usual and customary line of employment, he shall, except in the
cases covered by the specific schedule set forth in paragraph (e)
of this section, receive compensation, subject to the limitations as
to time and maximum amounts fixed in paragraphs (b) and (h)
of this section, equal to fifty per cent of the difference between the
average amount which he earned before the accident, and the av
erage amount which he is earning or is able to earn in some suit
able employment or business after the accident. In the event the
employee returns to the employment of the employer in whose
services he was injured, the employee shall not be barred from
asserting a claim for compensation under this act: Provided,
Notice of such claim is filed with the industrial board within
eighteen months after he returns to such employment, and the
said board shall immediately send to the employer, by registered
mail, a copy of such notice.
(e) For injuries in the following schedule, the employee shall Schedule,
receive in addition to compensation during the period of tempo
rary total incapacity for work resulting from such injury, in ac
cordance with the provisions of paragraphs (a) and (b) of this
section, compensation, for a further period, subject to the limita
tions as to time and amounts fixed in paragraphs (b) and (li) of
45615°— Bull. 243— 18------ 13
194
w o r k m e n ’s
c o m p e n s a t io n
l e g is l a t io n .
this section, for the specific loss herein mentioned, as follows, but
shall not receive any compensation for such injuries under any
other provision of this act:
1. For the loss of a thumb, or the permanent and complete loss
of its use, fifty per cent of the average weekly wage during sixty
weeks;
2. For the loss of a first finger, commonly called the index
finger, or the permanent and complete loss of its use, fifty per cent
of the average weekly wage during thirty-five weeks;
3. For the loss of a second finger, or the permanent and com
plete loss of its use, fifty per cent of the average weekly wage
during thirty weeks;
4. For the loss of a third finger, or the permanent and complete
loss of its use, fifty per cent of the average weekly wage during
twenty weeks;
5. For the loss of a fourth finger, commonly called the little
finger, or the permanent and complete loss of its use, fifty per cent
of the average weekly wage during fifteen 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, hoicever, That in no
case shall the amount received for more than one finger exceed the
amount provided in this schedule for the l-oss of a hand;
8 . For the loss of a great toe, fifty per cent of the average
weekly wage during thirty weeks;
9. For the loss of one toe other than the great toe, fifty per cent
of the average weekly wage during ten weeks, and for the addi
tional loss of one or more toes other than the great toe, fifty per
cent of the average weekly wage during an additional ten weeks;
10. The loss of the first phalange of any toe shall be considered
to be equal to the loss of orie-half of such toe, and compensa
tion shall be one-half of the amount above specified;
Permanent
total disability.
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
of its use, fifty per cent of the average weekly wage during one
hundred and fifty weeks;
13. For the loss of an arm, or the permanent and complete loss
of its use, fifty per cent of the average weekly wage during two
hundred weeks;
14. For the loss of a foot, or the permanent and complete loss
of its use, fifty per cent of the average weekly wage during one
hundred and twenty-five weeks;
15. For the loss of a leg, or the permanent and complete Ipss of
its use, fifty per cent of the average weekly wage during one hun
dred and seventy-five weeks;
16. For the loss of the sight of an eye or for the permanent and
complete loss of its use, fifty per cent of the average weekly wage
during one hundred weeks;
17. For the permanent partial loss of use of a member or sight
of an eye, fifty 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
loss of use thereof bears to the total loss of use of such member
of Tor] sight of eye:
18. The loss of both hands, or both arms, or both feet, or both
legs, or both eyes, or of any two thereof, shall constitute total and
permanent disability, to be compensated according to the compen
sation 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.
(f)
In case of complete disability, which renders the employee
wholly and permanently incapable of work, compensation equal to
fifty per cent of his earnings, but not less than $6 nor more than
TEXT OF COMPENSATION LAW S---- ILLINOIS.
195
$12 per week, commencing on the day after the injury and con
tinuing until the amount paid equals the amount which would
have been payable as a death benefit under paragraph (a), section
7, if the employee had died as a result of the injury at the time
thereof, leaving heirs surviving as provided in said paragraph (a),
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.
(g)
In case death occurs as a result of the injury before the
total of the payments made equals the amount payable as a
death benefit, then in case the employee leaves any widow, child
or children, parents, grandparents or other lineal heirs, entitled
to compensation under section 7, the difference between the com
pensation for death and the sum of the payments made to the em
ployee shall be paid, at the option of the employer, either to the
personal representative or to the beneficiaries of the deceased em
ployee, and distributed, as provided in paragraph (f) of section
7, but in no case shall the amount payable under this paragraph
be less than $500.
Death durcompensaperiod,
<h) In no event shall the compensation to be paid exceed fifty ben^fltsx *m° m
per cent of the average weekly wage or exceed $12 per week in
amount; nor, except in cases of complete disability, as defined
above, shall any payments extend over a period of more than eight
years from the date of the accident. In case an injured em
ployee shall be incompetent at the time when any right or privi
lege accrues to him under the provisions of this act, a conservator
or guardian may be appointed, pursuant to law, and may, on be
half of such incompetent, claim and exercise any such right or
privilege with the same force and effect as if the employee him
self had been competent and had claimed or exercised said right
or privilege; and no limitations of time by this act provided shall
run so long as said incompetent employee is without a conserva
tor or guardian.
(i) All compensations provided for in paragraphs (b), (c), (d), Installments,
( e), and (f) of this section, other than cases of pension for life,
shall be paid in installments at the same intervals at which the
wages or earnings of the employee were paid at the time of the
injury, or if this shall not be feasible, then the installments shall
be paid weekly.
(j) 1, Wherever in this section there is a provision for fifty A m ou n ts
per cent, such per cent shall be increased five per cent for each added for chilchild of the employee under 16 years of age at the time 0 f dren‘
injury to the employee until such per cent shall reach a maximum
of sixty-five per cent.
2. Wherever in this section a weekly minimum of $6 is provided,
such minimum shall be increased in the following cases to the fol
lowing amounts:
$6.50 in case of an employee with one child under the age of 16
years at the time of injury to the employee.
$7 in case of an employee with two children under the age of
16 years at the time of injury to the employee.
$7.50 in case of an employee with three or more children under
the age of 16 years at the time of injury to the employee.
3. Wherever in this section a weekly maximum of $12 is pro
vided, such maximum shall be increased in the following cases to
the following amounts:
, $13 in case of an employee with one child under the age of
16 years at the time of injury to the employee.
$14 in case of an employee with two children under the age
of 16 years' at the time of injury to the employee.
$15 in case of an employee with three or more children under
the age of 16 years at the time of injury to the employee.
196
w o r k m e n ’s
COMPENSATION LEGISLATION.
4.
The increases in the above per cent and the minimum and
maximum amounts shall be paid only so long as the child upon
which the increase is based remains under the age of 16 years.
Lum psum s.
S e c . 9 ( as amended by act, p. 4 0 0 , acts of 1 9 1 5 ) . Any em
ployer or employee or beneficiary who shall desire to have such
compensation, or any unpaid part thereof, paid in a lump sum,
may petition the industrial board, asking that such compensa
tion be so paid, and if, upon proper notice to the interested parties
and a proper showing made before such board, it appears to the
best interest of the parties that such compensation be so paid, the
board may order the commutation of the compensation to an
equivalent lump sum, which commutation shall be an amount
which will equal the total sum of the probable future payments
capitalized at their present value upon the basis of interest cal
culated at three per cent per annum, with annual rests: Provided,
That in cases indicating complete disability no petition for a
commutation to a lump-sum basis shall be entertained by the
industrial board until after the expiration of six months from
the date of the injury, and where necessary, upon proper appli
cation being made, a guardian, conservator or administrator, as
the case may be, may be appointed for any person under disability
wTho may be entitled to any such compensation, and an employer
bound by the terms of this act, and liable to pay such compensa
tion, may petition for the appointment of the public administrator,
01* a conservator, or guardian, where no legal representative has
been appointed or is acting for such party or parties so under
disability. Either party may reject an award of a lump-sum
payment of compensation, except an award for compensation
under section 7 or paragraph (e) of section 8 or for the injuries
defined in the last paragraph of paragraph (e) of section 8 as
constituting total and permanent disability, by filing his written
rejection thereof with the said board within ten days after
notice to him of the award, in which event compensation shall be
payable in installments as herein provided.
Co mp u t i n g
Sec. 10. The basis for computing the compensation provided
compensation. fov in sections 7 and 8 of the act shall be as follows:
(a) The compensation shall be computed on the basis of the
annual earnings which the injured person received as salary,
wages or earnings if in the employment of the same employer
continuously during the year next preceding the injury.
(b) Employment by the same employer shall be taken to mean
employment by the same employer in the grade in which the
employee was employed at the time of the accident, uninterrupted
by absence from work due to illness or any other unavoidable
cause.
(c) If the injured person has not been engaged in the employ
ment of the same employer for the full year immediately preceding
the accident, the compensation shall be computed according to the
annual earnings which persons of the same class in the same
employment and same location, (or if that be impracticable, of
neighboring employments of the same kind) have earned during
such period.
(d) As to employees in employments in which it is the custom
to operate throughout the working days of the year, the annual
earnings, if not otherwise determinable, shall be regarded as 300
times the average daily earnings in such computation.
(e) As to employees in employments in which it is the custom
to operate for a part of the .whole number of working days in
each year, such number, if the annual earnings are not otherwise
determinable, shall be rsed instead of 300 as a basis for com
puting the annual earnings: Provided, The minimum number of
days which shall be so used for the basis of the year’s work'shall
be not less than 200.
(f) In the case of injured employees who earn either no wage
or less than the earnings of adult day laborers in the same line of
employment in that locality, the yearly wage shall be reckoned
according to the average annual earning of adults of the same
TEXT OF COMPENSATION LAWS---- ILLINOIS.
197
class in the same (or if that is impracticable then of neighboring)
employments.
(g) Earnings, for the purpose of this section, shall.be based on
the earnings for the number of hours commonly regarded as a
day’s work for that employment, and shall excludc overtime earn
ings. The earnings shall not include any sum which the employer
has been accustomed to pay the employee to cover any special
expense entailed on him by the nature of his employment.
(h) In computing the compensation to be paid to any employee,
who, before the accident for which he claims compensation, was
disabled and drawing compensation under the terms of this act,
the compensation for each subsequent injury shall be apportioned
according to the proportion of incapacity and disability caused
by the respective injuries which he may have suffered.
(i) To determine the amount of compensation for each install
ment period, the amount per annum shall be ascertained pursuant
hereto, and such amount divided by the number of - installment
periods per annum.
S ec . 11 (as amended by act, p. 505, acts of 1917). The compenLimit of liasation herein provided, together with the provisions of this actbility*
shall be the measure of the responsibility of any employer engaged
in any of the enterprises or businesses enumerated in section three
(3) of this act, or of any employer who is not engaged in any such
enterprises or businesses, but who has elected to provide and pay
compensation for accidental injuries sustained by any employee
arising out of and in the course of the employment according to
the provisions of this act, and whose election to continue under
this act, has not been nullified by any action of his employees as
provided for in this act.
S ec . 12 (as amended by act, p. 400, acts of 1915). An employee Medical ex
entitled to receive disability payments shall be required, if re-aminationg*
quested by the employer, to submit himself, at the expense of the
employer, for examination to a duly qualified medical practitioner
or surgeon selected by the employer, at a time and plaice reason
ably convenient for the employee, as soon as practicable after the
injury, and also one week after the first examination and there
after at intervals not oftener than once every four weeks, which
examination shall be for the purpose of determining the nature,
extent and probable duration of the injury received by the em
ployee, and for the purpose of ascertaining the amount of com
pensation which may be due the employee from time to time for
disability according to the provisions of this act: Provided, how
ever, That such examination shall be made in the presence of a
duly qualified medical practitioner or surgeon provided and paid
for by the employee, if such employee so desires. In all cases
where the examination is made by a surgeon engaged by the em
ployer and the injured employee has no surgeon present at such
examination, it shall be the duty of the surgeon making, the exami
nation at the instance of the employer to deliver to the injured
employee, upon his request or that of his representative, a state
ment in writing of the condition and extent of the injury to the
same extent that said surgeon reports to the employer. If the
employee refuses so to submit himself to examination or unneces
sarily obstructs the same, his right to compensation payments
shall be temporarily suspended until such examination shall have
taken place, and no compensation shall be payable under this act
for such period. It shall be the duty of surgeons treating an in
jured employee who is likely to die and treating him at the in
stance of the employer to have called in another surgeon, to be
designated and paid for by either the injured employee or by the
persor* or persons who wTould become his beneficiary or benefici
aries, to make an examination before the death of such injured
employee.
S ec . 13 (as amended by act, p. 505, acts of 1917). (a) There is
Industrial
hereby created a board wThich shall be known as the industrialboard*
board to consist of five members to be appointed by the governor,
by and with the consent of the senate, two of whom shall be rep
198
W O R K M E N 'S COMPENSATION LEGISLATION.
resentative citizens of the employing class operating under this
act, and two of whom shall be representative citizens of the class
of employees operating under this act, and one of whom shall be
a representative citizen not identified with either the employing
or employee classes and who shall be designated by the governor
as chairman. Appointment of members to places on the first board
or to fill vacancies on said board may be made during recesses of
the senate, but shall be subject to confirmation by the senate at
the next ensuing session of the legislature.
Change
of
(b)
When there shall become effective the act known as “ The
designation.
Civil Administrative Code of Illinois,” being an act entitled “An
act in relation to the civil administration of the State govern
ment,” there shall thereupon be vested in tlie industrial commis
sion and the industrial officers thereof by said act created, all of
the powers and duties vested in the industrial board by the
workmen’s compensation act, and thereupon wTherever in the
workmen’s compensation act reference shall be made to the in
dustrial board, the board or to any member thereof, -it shall be
construed as referring and shall apply to the said industrial com
mission, the said commission, and any industrial officer thereof,
respectively.
Salaries, etc.
Sec. 14 (as amended by act, p. 490, acts of 1917). The salary of
each of the members of the board so appointed by the governor
shall be five thousand dollars ($5,000) per year. The board
shall appoint a secretary and shall employ such assistants and
clerical help as may be necessary. The salary of the arbitrators
designated by the board shall be at the rate of twenty-four hun
dred dollars ($2,400) per year. The members of the board and
the arbitrators shall have reimbursed to them their actual travel
ing expenses and disbursements made or incurred by them in
the discharge of their official duties while away from their places
of residence in the performance of their duties. The board shall
provide itself with a seal for the authentication of its orders,
awards, and proceedings, upon«which shall be inscribed the name
of the board and the words “ Illinois—Seal.”
Jurisdiction.
Sec. 15. The industrial board shall have jurisdiction over the
operation and administration of this act, and said board shall
perform all the duties imposed upon it by this act, and such
further duties as may hereafter be imposed by law and the rules
of the board not inconsistent therewith.
Powers.
Sec. 16 (as amended by act, p. 490, acts of 1917). The board
may make rules and orders for carrying out the duties imposed
upon it by law, which rules and orders shall be deemed prima
facie reasonable and valid; and the process and procedure before
the board shall be as simple and summary as reasonably may be.
The board upon application of either party may issue dedimus
potestatem directed to a commissioner, notary public, justice of
the peace or any other officer authorized by law to administer
oaths, to take the depositions of such witness or witnesses as
may be necessary in the judgment of such applicant. Such
dedimus potestatem may issue to any of the officers aforesaid
in any State or Territory of the United States or in any foreign
country. The board shall have the power to adopt necessary
rujes to govern the issue of such dedimus potestatem. The board,
or any member thereof, or any arbitrator designated by said
board shall have the power to administer oaths, subpoena and ex
amine witnesses, to issue subpoenas duces tecum, requiring the
production of stich books, papers, records and documents as may
be evidence of any matter under inquiry, and to examine and
inspect the same and such places or premises as may relate to
the question in dispute. Said board, or any member thereof, or
any arbitrator designated by said board, shall, on written request
of either party to the dispute, issue subpoenas for the attendance
of such witnesses and production of such books, papers, records,
and documents as shall be designated in said applications: Pro
vided, however, That the parties applying for such subpoena shall
advance the officer and witness fees provided for in suits pending
TEXT OF COMPENSATION LAWS---- ILLINOIS.
199
in the circuit court. Service of such subpoenas shall be made by
any sheriff or constable or other person. In case any person re
fuses to comply with an order of the board or subpoena issued
by it or any member thereof, or any arbitrator designated by
said board, or to permit an inspection of places or premises, or to
produce any books, papers, records, or documents, or any witness
refuses to testify to any matters regarding which he may be law
fully interrogated, the county court of the county in which said
hearing or matter is pending, on application of any member of the
board or any arbitrator designated by the board, shall compel
obedience by attachment proceedings, as for contempt, as in a case
of disobedience of the requirements of a subpoena from such court
on a refusal to testify therein.
The board at its expense shall provide a stenographer to take Record*,
the testimony and record of proceedings at the hearings before
an arbitrator, committee of arbitration, or the board, and said
stenographer shall furnish a transcript of such testimony or
proceedings to any person requesting it upon payment to him
therefor of five cents per one hundred words for the original and
three cents per one hundred words for each copy of such tran
script.
The board shall have the power to determine the reasonable- Fees,
ness and fix the amount of any fee or compensation charged by
any person for any service performed in connecton with this act,
or for which payment is to be made under this act or rendered
in securing any right under this act.
Sec. 17. The board shall cause to be printed and furnish free Blanks and
of charge upon request by any employer or employee such blank records,
forms as it shall deem requisite to facilitate or promote the
efficient administration of this act, and the performance of the
duties of the board; it shall provide a proper record in which
shall be entered and indexed the name of any employer wrho shall
file a notice of declination or withdrawal under this act, and the
date of the filing thereof; and a proper record in which shall be
entered and indexed the name of any employee who shall file
such a notice of declination or withdrawal, and the date of the
filing thereof; and such other notices as may be required by the
terms and intendment of this a ct; and records in which shall be
recorded all proceedings, orders and awards had or made by the
board, or by the arbitration committees, and such other books or
records as it shall deem necessary, all such records to be kex)t in
the office of the board.
Sec. 18. All questions arising under this act, if not settled by Disputes,
agreement of the parties interested therein, shall, except as other
wise provided, be determined by the industrial board.
Sec. 19. (as amended by act, p. 490, acts of 1917). Any dis
puted questions of law or fact upon which the employer and em
ployee or personal representative can not agree, shall be de
termined as herein provided.
(a)
It shall be the duty of the industrial board, upon notification that the parties have failed to reach an agreement, to desig
nate an arbitrator: Provided, That if the compensation claimed
is for a partial permanent or total permanent incapacity or for
death, then the dispute may, at the election of either party, be
determined by a committee of arbitration, which election for a
determination by a committee shall be made by petitioner filing
with the board his election in writing with his petition or by the
other party filing with the board his election in writing within
five days of notice to him of the filing of the petition, and there
upon it shall be the duty of the industrial board, upon either of
the parties having filed their election for a committee of arbitra
tion as above provided, to notify both parties to appoint their
respective representatives on the committee of arbitration. The
board shall designate an arbitrator to act as chairman, and if
either party fails to appoint its member on the committee within
seven days after notification as above provided, the board shall
appoint a person to fill the vacancy and notify the parties to that
Arbitration,
200
Physician.
Insanitary
practices, etc.
Review.
w o r k m e n 's
c o m p e n s a t io n
l e g is l a t io n .
effect. The party filing his election for a committee of arbitra
tion shall with his election deposit with the board the sum of
twenty dollars, to be paid by the board to the arbitrators selected
by the parties as compensation for their services as arbitrators,
and upon a failure to deposit as aforesaid, the election shall be
void and the determination shall be by an arbitrator designated
by the board. The members of the committee of arbitration ap
pointed by either of the parties or one appointed by the board
to fill a vacancy by reason of the failure of one of the parties to
appoint, shall not be a member of the board or an employee
thereof.
(b) The arbitrator or committee of arbitration shfell make
such inquiries and investigations as he or they shall deem neces
sary, and may examine and inspect all books, papers, records,
places, or premises relating to the questions in dispute, and hear
such proper evidence as the parties may submit. The hearings
before the arbitrator or committee of arbitration shall be held
in the vicinity where the injury occurred, after ten days’ notice
of the time and place of such hearing shall have been given to
each of the parties or their attorneys of record. The decision of
the arbitrator or committee of arbitration shall be filed with the
industrial board, which board shall immediately send to each
party or his attorney a copy of such decision, together with a
notification of the time when it was filed, and unless a petition for
a review is filed by either party within fifteen days after the
receipt by said party of the copy of said decision and notification
of time when filed, and unless such party petitioning for a review
shall within twenty days after the receipt by him of the copy
of said decision, file with the board either an agreed statement
of the facts appearing upon the hearing before the arbitrator or
committee of arbitration, or if such party shall so elect, a cor
rect stenographic report of the proceedings at such hearings,
then the decision shall become the decision of the industrial
board: Provided, That such industrial board may for sufficient
cause shown grant further time, not exceeding., thirty days, in
which to petition for such review or to file such agreed statement
or stenographic report. Such agreed statement of facts or cor
rect stenographic report, as the case may be, shall be au
thenticated by the signatures of the parties or their attorneys and
in the event they do not agree as to the correctness of the steno
graphic report it shall be authenticated by the signature of the
arbitrator designated by the board.
(c) The industrial board may appoint, at its expense, a duly
qualified, impartial physician to examine the injured employee and
report to the board. The fee for this service shall not exceed five
dollars and traveling expenses, but the board may allow addi
tional reasonable amounts in extraordinary cases. The fees and
the payment thereof of all attorneys and physicians for services
authorized by the board under this act, shall, upon request of
either the employer or the employee or the beneficiary affected, be
subject to the review and decision of the industrial board.
(d) If any employee shall persist in insanitary or injurious
practices which tend to either imperil or retard his recovery or
shall refuse to submit to such medical or surgical treatment as
is reasonably essential to promote his recovery, the board may, in
its discretion, reduce or suspend the compensation of any such
injured employee.
(e) If a petition for review and agreed statement of facts or
stenographic report is filed, as provided herein, the industrial
board shall promptly review the decision of the arbitrator or com
mittee of arbitration and all questions of law or fact which appear
from the said statement of facts or stenographic report, and such
additional evidence as the parties may submit. After such hear
ing upon review, the board shall file in its office its decision there
on, and shall immediately send to each party or his attorney a
copy of such decision and a notification of the time when it was
filed.
TEXT OF COMPENSATION LAW S— ILLINOIS.
201
Such review and hearing may be held in its office or elsewhere
af- the board may deem advisable: Provided, That the taking of
testimony on such hearing may be had before any member of the
board and in the event either of the parties may desire an argu
ment before others of the board such argument may be had upon
written demand therefor filed with the board within five days
after the commencement of such taking of testimony, in which
event such argument shall be had before not less than a majority
of the board: Provided, That the board shall give 10 days’ notice
to the parties or their attorneys of the time and place of such
taking of testimony and of such argument.
In any case the board in its decision may in its discretion find
specially upon any question or questions of law or fact which shall
be submitted in writing by either party, whether ultimate or other
wise. Any party may, within twenty days after the receipt of
notice of the board’s decision, or within such further time, not
exceeding thirty days, as the board may grant, file with the board
either an agreed statement of the facts appearing upon the hear
ing, or, if such party shall so elect, a correct stenographic report
of the additional proceedings presented before the board, in which
report the party may embody a correct statement of such other
proceedings in the case as such party may desire to have re
viewed, such statement of facts or stenographic report to be
authenticated by the signatures of the parties or their attorneys,
and in the event that they do not agree, then the authentication of
such stenographic report shall be by the signature of the chair
man of the board. The applications for adjustment of claim and
other documents in the nature of pleadings filed by either party,
together with the decisions of the arbitrator and of the industrial
board, and the statement of facts or stenographic reports herein
before provided for in paragraphs (b) and (c) shall be the record
of the proceedings of said board, and shall be subject to review
as hereinafter provided.
D ec i s l o n s
(f)
The decision of the industrial board, acting within its
conclusive.
powers, according to the provisions of paragraph (e) of this sec
tion, and of the arbitrator or committee of arbitration, where no
review is had and his or their decision becomes the decision of the
industrial board in accordance with the provisions of this section,
shall, in the absence of fraud, be conclusive unless reviewed as in
this- paragraph hereinafter provided.
(1)
The circuit court of the county where any of the parties Review b y
defendant may be found shall by writ of certiorari to the indus court.
trial board have power to review all questions of law presented by
such record. Such writ shall be issued by the clerk of such court
upon praecipe. Service upon any member of the industrial board
or the secretary thereof shall be service on the board, and service
upon other parties interested shall be by scire facias, or service
may be made upon said board and other parties in interest by
mailing notice of the commencement of the proceedings and the
return day of the writ to the office of said board and the last
known place of residence of the other parties in interest at least
ten days before the return day of said writ; or ( 2 ) any party in
interest may commence a suit in chancery in the circuit court of
the county where any of the parties defendant may be found to
review the decision of the board only for errors of law appearing
on the said record of the said board. Such suit by writ of cer
tiorari or in chancery shall be commenced within twenty days of
the receipt of notice of the decision of the board.
(3)
No such writ of certiorari shall issue and no such suit in
chancery shall be commenced by one against whom the industrial
board shall have rendered an award for the payment of money
unless such one shall upon the filing of his pnecipe for such writ
or upon the commencement of such suit file with the clerk of said
court a bond conditioned that if he shall not successfully prose
cute said writ or said suit he will pay the said award, and the
costs of the proceedings in said court. The amount of the bond
shall be fixed by any member of the industrial board and the
202
w o r k m e n 's
COMPENSATION LEGISLATION.
surety or sureties on said bond shall be approved by the clerk of
said court.
The court may confirm or set aside the decision of the arbitrator
or committee of arbitration or industrial board. If the decision is
set aside and the facts found in the proceedings before the board
are sufficient, the court may enter such decision as is justified by
law, or may remand the cause to the industrial board for further
proceedings, and may state the questions requiring further hear
ing, and give such other instructions as may be proper.
Judgments, orders and decrees of the circuit court under this
act shall be reviewed only by the supreme court upon a writ of
error. Upon motion, the trial court shall enter of record a cer
tificate that the cause is, or is not, in his opinion, one proper to
be reviewed by the supreme court. Upon filing with the clerk of
the supreme court a certified copy of such a certificate that the
cause is not one proper to be reviewed, writ of error shall issue.
If the trial court certifies that the cause is not one proper to be
reviewed, the supreme court, in its discretion, or one of the judges
©f said court in vacation, may, nevertheless, order that a writ of
error issue. A writ of error, when issued, shall operate as a su
persedeas.
The decision of a majority of the members of a committee of
arbitration or of the industrial board shall be considered the de
cision of such committee or board, respectively.
(g)
Either party may present a certified copy of the decision of
Judgment.
the industrial board, when no proceedings for review thereof have
been taken, or of the decision of such arbitrator or committee of
arbitration when no claim for review is made, or of the decision
of the industrial board after hearing upon review, providing for
the payment of compensation according to this act, to the circuit
court of the county in which such accident occurred or either of
the parties are residents, whereupon such court shall render a
judgment in accordance therewith; and in cases where the em
ployer does not institute proceedings for review of the decision of
the industrial board and refuses to pay compensation according
to the award upon which such judgment is entered, the court shall,
in entering judgment thereon, tax as costs against him the rea
sonable costs and attorney fees in the arbitration proceedings and
in the court entering the judgment, for the person in whose favor
the judgment is entered, which judgment and costs, taxed as
herein provided shall, until and unless set aside, have the same
effect as though duly rendered in an action duly tried and de
termined by said court, and shall, with like effect, be entered and
docketed. The circuit court shall have power, at any time, upon
application, to make any such judgment conform to any modifica
tion required by any subsequent decision of the supreme court
upon appeal, or as the result of any subsequent proceedings for
review, as provided in this act.
Judgment .shall not be entered until fifteen days’ notice of the
time and place of the application for the entry of judgment shall
be served upon the employer by filing such notice with the indus
trial board; which board shall, in case it has on file the address
of the employer or the name and address of its agent, upon whom
notices may be served, immediately send a copy of the notice to
the employer or such designated agent; and no judgment shall be
entered in the event the employer shall file with the said board
its bond, with good and sufficient surety in double the amount of
the award, conditioned upon the payment of said award in the
event the said employer shall fail to prosecute with effect pro
ceedings for review of the decision, or the said decision, upon
review, shall be affirmed.
<li> An agreement or award under this act, providing for com
Review
oI
awards.
pensation in installments, may at any time within eighteen
months after such agreement or award be reviewed by the in
dustrial board at the request of either the employer or the em
ployee, on the ground that the disability of the employee has
subsequently recurred, increased, diminished or ended: and on
TEXT OF COMPENSATION LAWS---- ILLINOIS.
203
such review, compensation payments may be reestablished, in
creased, diminished or ended: Provided, That the board shall
give fifteen days’ notice to the parties of the hearing for review:
And provided, further, Any employee, upon any petition for such
a review being filed by the employer, shall be entitled to one day’s
notice for each one hundred miles necessary to be traveled by
him in attending the hearings of the board upon said petition
and three days in addition thereto, and such employed shall, at
the discretion of the board, also be entitled to five cents per mile
necessarily traveled by him in attending such hearing not to
exceed a distance of 300 miles, to be taxed by the board as costs
and deposited with the petition of the employer.
(i)
Each party, upon taking any proceedings or steps whatso- Addresses to
ever before any arbitrator, committee of arbitration, industrial
urnis e •
board or court, shall file with the industrial board his address,
or the name and address of an agent upon whom all notices to
be given to such party shall be served, either personally or by
registered mail addressed to such party or agent at the last
address so filed with the industrial board: Provided, That in
the event such party has not filed his address, or the name and
address of an agent, as above provided, service of any notice
may be had by filing such notice with the industrial board.
(j) Whenever in any proceeding testimony has been taken or a Proceedings
final decision has been rendered, and after the taking of such Employee/ 11 °
testimony, or after such decision has become final, the injured
employee dies, then in any subsequent proceeding brought by the
personal representative or beneficiaries of the deceased employee,
such testimony in the former proceeding may be introduced with
the same force and effect as though the witnesses having so
testified were present in person in such subsequent proceeding
and such final decision, if any, shall be taken as a final adjudica
tion of any of the issues which are the same in'both proceedings.
Sec. 20. The industrial board shall report in writing to the board* 8
governor on the 30tli day of June, annually, the details and re
sults of its administration of this act, in accordance with the
terms of this act, and may prepare and issue such special bulletins
and reports from time to time as, in the opinion of the board,
seems advisable.
Sec. 21 (as amended by act, p. 400, acts of 1915). No payment, Exemption,
claim, award or decision under this act shall be assignable or sub- Sneiits
Pay"
ject to any lien, attachment or garnishment, or be held liable in
any way for any lien, debt, penalty or damages. In case of in
solvency of the employer, every decision of the industrial board
for compensation under this act shall, upon the filing of a certi
fied copy of the decision with the recorder of deeds of the county,
constitute a lien upon all property of the employer within said
county, paramount to all other claims or liens, except for wages
and taxes, and mortgages or trust deeds, and such liens shall be
enforced by order,of the court. Any right to receive compensa
tion hereunder shall be extinguished by the death of the person
or persons entitled thereto, subject to the provisions of this act
relative to compensation for death received in the course of em
ployment: Provided, That upon the death of a beneficiary, who D ea th o f
is receiving compensation provided for in section 7, leaving surciary..
viving a parent, sister or brother of the deceased employee, at
the time of his death dependent upon him for support, who were
receiving from such beneficiary a contribution to support, then
that proportion of the compensation of the beneficiary which
would have been paid but for the death of the beneficiary, but
in no event exceeding said unpaid compensation, which the con
tribution of the beneficiary to the dependent’s support within one
year prior to the death of the beneficiary bears to the compensa
tion of the beneficiary within that year, shall be continued for
the benefit of such dependents, notwithstanding the death of the
beneficiary.
Sec. 22. Any contract or agreement made by any employer or within s^ve^
his agent or attorney with any employee or any other beneficiary days.
204
w o r k m e n ’s
COMPENSATION LEGISLATION.
of any claim under the provisions of this act within seven days
after the injury shall be presumed to be fraudulent.
S ec . 23. No employee, personal representative, or beneficiary
shall have power to waive any of the provisions of this act in
regard to the amount of compensation which may be payable
to such employee, personal representative or beneficiary here
under except after approval by the industrial board.
Sec. 24. No proceedings for compensation under this. act shall
Notice.
be maintained unless notice of the accident has been given the
employer as soon as practicable, but not later than 30 days
after the accident. In cases of mental incapacity of the em
ployee, notice must be given within six months after such acci
dent. No defect or inaccuracy of such notice shall be a bar to the
maintenance of proceedings by arbitration or otherwise by the
employee, unless the employer proves that he is unduly prejudiced
in such proceedings by such defect or inaccuracy. Notice of
the accident shall in substance apprise the employer of the claim
of compensation made and shall state the name and address of
the employee injured, the approximate date and place of the
accident, if known, and in simple language the cause thereof;
which notice may be served personally or by registered mail,
addressed to the employer at his last known residence or place
of business: Provided, That the failure on the part of any per
son entitled to such compensation to give such notice shall not
relieve the employer from his liability for such compensation,
when the facts and circumstances of such accident are known to
such employer, his agent or vice principal in the enterprise. No
proceedings for compensation under this act shall be maintained
unless claim for compensation has been made within six months
aftei* the accident, or in the event that payments have been made
under the provisions of this act, unless written claim for com
pensation has been made within six months after such payments
have ceased.
Sec. 25. Any employer against whom liability may exist for
Emp l o y e r s ’
options.
compensation under this act, may, with the approval of the
industrial board, be relieved therefrom b y :
(a) Depositing the commuted value of the total unpaid com
pensation for which such liability exists, computed at three per
cent per annum in the same manner as provided in section 9 ,
with the State treasurer, or county treasurer in the county where
the accident happened, or with any state or national bank or
trust company doing business in this State, or in some other suit
able depository approved by the industrial board: Provided, That
any such depository to which such compensation may be paid
shall pay the same out in installments as in this act provided,
unless such sum is ordered paid in, and is commuted to, a lump
sum payment in accordance with the provisions of this act.
(b) By the purchase of an annuity, in an amount of compensa
tion due or computed, under this act within the limitation pro
vided by law, in any insurance company granting annuities and
licensed or permitted to do business in this State, which may be
designated by the employer, or the industrial board.
S ec . 26 (as amended by act, p. 505, acts of 1917).
(a)
Any employer who shall come within the provisions of
Guaranty of
payments.
section three (3) of this act and any other employer who shall
elect to provide and pay the compensation provided for in this
act, shall, within ten ( 10 ) days of receipt by the employer of a
written demand by the industrial board ( 1 ) file with the board a
sworn statement showing his financial ability to pay the compen
sation provided for in this act, normally required to be paid, or
( 2 ) furnish security, indemnity or a bond guaranteeing the pay
ment by the employer of the compensation provided for in this
act normally required to be paid, or (3) insure to a reasonable
amount his normal liability to pay such compensation' In some
corporation, association or organization authorized, licensed or
permitted to do such insurance business in this State, or (4) make
some other provisions for the securing of the payment of compenWaivers.
TEXT OP COMPENSATION LAWS---- ILLINOIS.
205
sation provided for in this act, normally required to be paid, and
shall, within twenty ( 20 ) days of the receipt of such written
demand, furnish to the board evidence of his compliance with one
of the above alternatives: Provided, That the sworn statement of
financial ability, or security, indemnity or bond, or amount of
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 board, upon the approval of which the board shall send to
the employer written notice of its approval thereof: And, provided, further, That demand shall not be made upon the em
ployer by the board oftener than once in any calendar year.
(b)
If no sworn statement or no security, indemnity or bond, Liability in
or no insurance is filed, furnished or carried, or other provisions a b s e n ce of
made by the employer within ten ( 10 ) days of receipt by the em- guaia y*
ployer of the written demand provided for in paragraph (a), or
if the statement, security, indemnity, bond or amount of insurance
filed, furnished or carried, or other provision made by the em
ployer, as provided in paragraph (a) shall not be approved by the
board, and written notice of such nonapproval shall be given to
the employer and the employer shall not comply with one of the
alternatives of paragraph (a) of this section within ten ( 10 )
days after the receipt by the employer of such written notice of
nonapproval, then the employer shall be liable for compensation
to any injured employee, or his personal representative, accord
ing to the terms of this act, or for damages in the same manner
as if this act had not been passed, at the option of such em
ployee or his personal representative: Provided, That it shall be Defenses abno defense in favor of such employer in such case that ( 1 ) the rcsated.
employee assumed the risks of the employment, ( 2 ) the injury or
death was caused in wiiole or in part by the negligence of a fellowT servant, (3) the injury or death was proximately caused by
the contributory negligence of the employee: Provided, Such op
tion is exercised, and written notice thereof is given to the em
ployer within thirty (30) days after the accident to such em
ployee ; otherwise the employer shall be liable only for the com
pensation payable according to the provisions of this act: And,
provided, further, That if at any time thereafter the employer
shall comply with any of the alternatives of paragraph (a), then
as to all accidents occurring after the said compliance, the em
ployer shall only be liable for compensation..according to the
terms of this act: And, provided, further, That upon the failure of
any employer to comply with the provisions of this, section, the
industrial board may, for the purpose of furnishing notice to the
employees of such employer, publish the fact of such failure by
such employer in any newspaper having a general circulation in
the county where such employer does business.
Sec. 27. (a) This act shall not affect or disturb the continu- Insurance,
ance of any existing insurance, mutual aid, benefit, or relief asso- etc.
ciation or department, whether maintained in whole or in part
by the employer or whether maintained by the employees, the pay
ment of benefits of such association or department being guaran
teed by the employer or by some person, firm or corporation for
him: Provided, The employer contributes to such association or
department an amount not less than the full compensation herein
provided, exclusive of the cost of the maintenance of such asso
ciation or department and without any expense to the employee.
This act shall not prevent the organization and maintaining under
the insurance laws of this State of any benefit or insurance com
pany for the purpose of insuring against the compensation pro
vided for in this act, the expense of which is maintained by the
employer. This act shall not prevent the organization or main
taining under the insurance laws of this State of any voluntary
mutual aid, benefit or relief association among employees for the
payment of additional accident or sick benefits.
(b)
No existing insurance, mutual aid, benefit or relief asso
ciation or department shall, by reason of anything herein con
tained, be authorized to discontinue its operation without first dis-
206
w o r k m e n 's
c o m p e n s a t io n
l e g is l a t io n .
charging its obligations to any and all persons carrying insurance
in the same or entitled to relief or benefits therein.
(c)
Any contract, oral, written or implied, of employment pro
viding for relief benefit, or insurance or any other device whereby
the employee is required to pay any premium or premiums for
insurance against the compensation provided for in this act shall
be null and void, and any employer withholding from the wages
of any employee any amount for the purpose of paying any such
premium shall be guilty of a misdemeanor and punishable by a
fine of not less than ten dollars nor more than one thousand
dollars, or imprisonment in the county jail for not more than six
months, or both, in the discretion of the court.
S e c . 28. Any person, who shall become entitled to compensation
Employers*
insolvency.
under the provisions of this act, shall, in the event of his inability
to recover such compensation from the employer on account of his
insolvency, be subrogated to all the rights of such employer
against any insurance company, association, or insurer which may
have insured such employer against loss growing out of the
compensation required by the provisions of this act to be paid
by such employer, and, in such event only, the said insurance
company, association, or insurer shall become primarily liable
to pay to the employee or his personal representative the compen
sation required by the provisions of this act to be paid by such
employer.
Liability o f
S ec . 29 (as amended by act, p. 505, acts of 1917). Where an
third persons.
injury or death for which compensation is payable by the em
ployer under this act, was not proximately caused by the negli
gence of the employer or his employees, and was caused under
circumstances creating a legal liability for damages in some per
son other than the employer to pay damages, such other person
having also elected to be bound by this act, or being bound thereby
under section three (3) of this act, then the right of the em
ployee or personal representative to recover against such other
persons shall be subrogated to his employer and such employer
may bring legal proceedings against such other person to recover
the damages sustained in an amount not exceeding the aggre
gate amount of compensation payable under this act, by rea
son of the injury or death of such employee. Where the injury
or death for which compensation is payable under this act was
not proximately caused by the negligence of the employer or his
employees and was caused under circumstances creating a legal
liability for damages on the part of some person other than the
employer to pay damages, such other person having elected not
to be fcound by his act, then legal proceedings may be taken
against such other person to recover damages notwithstanding
such employer’s payment of or liability to pay compensation under
this act, but in such case if the action against such other person is
brought by the injured employee or his personal representative
and judgment is obtained and paid, or settlement is made with
sucft oth*er person, either with or without suit, then from the
amount received by such employee or personal representative
there shall be paid to the employer the amount of compensation
paid or to be paid by hinl to such employee or his personal repre
sentative : Provided, That if the injured employee or his personal
representative shall agree to receive compensation from the em
ployer or to institute proceedings to recover the same or accept
from the employer any payment on account of such compensa
tion, such employer shall be subrogated to all the rights of such
employee or personal representative and may maintain, or in case
an action has already been instituted, may continue an action
either in the name of the employee or personal representative or
in his own name against such other person for the recovery of
damages to which but for this section the said employee or per
sonal representative would be entitled, but such employer shall
nevertheless pay over to the injured employee or personal repre
sentative, all sums collected from such other person by judgment
or otherwise in excess of the amount of such compensation paid
No costs OH
employees.
TEXT OF COMPENSATION LAWS---- ILLINOIS.
207
or to be paid under this act, and all costs, attorneys’ fees and
reasonable expenses incurred by such employer in making such
collection and enforcing such liability.
Accidentg to
S e c . 30. It shall be the duty of every employer within the pro
visions of this act to send to the industrial board in writing an be reported.
immediate report of all accidental injuries arising out of or in
the course of the employment and resulting in death; it shall
also be the duty of every such employer to report between the’
15th and the 25th of each month to the industrial board all acci
dental injuries for which compensation has been paid under this
act, which injuries entail a loss to the employee of more than one
week's time, and in case the injury results in permanent disa
bility, a further report shall be made as soon as it is determined
that such permanent disability has resulted or will result from
such injury. All reports shall state the date of the injury, in
cluding the time of day or night, the nature of the. employer’s
business, the name, address, the age, sex, conjugal condition of
the injured person, the specific occupation of the injured person,
the direct cause of the injury and the nature of the accident, the
character of the injury, the length of disability, and, in case of
death, the length of disability before death, the wages of the in
jured person, whether compensation has been paid to the in
jured person, or to his legal representatives or his heirs or next
of kin, the amount of compensation paid, the amount paid for
physicians’, surgeons’, and hospital bills, and by whom paid,
and the amount paid for funeral or burial expenses, if known.
The making of reports as provided herein shall release the em
ployer covered by the provisions of this act from making such
reports to any other officer of the State.
S e c . 31 (as amended by act, p. 490, acts of 1917).
Any one Contractors.
engaging in any business or enterprise referred to in subsections 1
and 2 or paragraph (b) of section 3 of this act who undertakes to
do any work enumerated therein, shall be liable to pay compensa
tion to his own immediate employees in accordance with the pro
visions of this act, and in addition thereto if he directly or in
directly engages any contractor, whether principal or subcontrac
tor to do any such work, he shall be liable to pay compensation to
the employees of any such contractor or subcontractor unless such
contractor or subcontractor shall have insured, in any company
or association authorized under the laws of this State to injure
the liability to pay compensation under this act, or guaranteed his
liability to pay such compensation.
In the event any such person shall pay compensation under
this section he may recover the amount thereof from the con
tractor or subcontractor, if any, and in the event the contractor
shall pay compensation under this section he may recover the
amount thereof from the subcontractor, if any.
This section shall not apply in any case where the accident oc
curs elsewhere than on, in or about the immediate premises on
which the principal has contracted that the work shall be done.
Sec. 32 (as amended by act, p. 505, acts of 1917). If any of Rights of acion
safe*
the provisions of this act providing for compensation for injuries tguarded.
to or death of employees shall be repealed or adjudged invalid
or unconstitutional, the period intervening between the occurrence
of any injury or death and such repeal or final adjudication of
invalidity, shall not be computed as a part of the time limited by
law for the commencement of any action relating to such injury or
death, but the amount of any compensation which may have been
paid for any such injury shall be deducted from any judgment for
damages recovered on account of such injury. Any claim, dis
agreement or controversy existing or arising under “ An act to
promote the general welfare of the people of this State, by pro
viding compensation for accidental injuries or death suffered in
the course of employment,” approved June 10, 1911, in force May
1, 1912, shall be adjusted in accordance with the provisions of said
act, notwithstanding the repeal thereof, or may by agreement
of the parties be adjusted in accordance with the method of pro-
208
W O B KM E n ' s COMPENSATION LEGISLATION.
>
Violations.
Title.
P r o v is io n s
severable.
cedure provided in this act for the adjustment of differences,
jurisdiction to adjust such differences so submitted by the parties
being hereby conferred upon the industrial board or committee of
arbitration provided for in this act.
Sec. 33. Any willful neglect, refusal, or failure to do the things
required to be done by any section, clause, or provision of this
act, on the part of the persons herein required to do them, or
any violation of any of the provisions or requirements hereof, or
any attempt to obstruct or interfere with any court officer, or
any other person charged with the duty of administering or en
forcing the provisions of this act, shall be deemed a misdemeanor,
punishable by a fine of not less than $10 nor more than $500 at the
discretion of the court.
Sec. 33^ (added by act, p. 400, acts of 1915). This act may be
cited as the workmen’s compensation act.
Sec. 34. The invalidity of any portion of this act shall in no
way affect the validity of any other portion thereof which can be
given effect without such invalid part.
ACTS OF 1917.
Department of labor— Industrial commission.
(Page 2.)
Officers a n d
boards.
S e c t io n 5. In addition to the directors of departments, the fol
lowing executive and administrative officers, boards and commis
sions, which said officers, boards and commissions in the re
spective departments shall hold offices nereby created and desig
nated as follows:
in
Industrial
commission.
t h e d e p a r t m e n t of l a b o r .
*
* * The industrial commission, which shall consist of five
officers designated industrial officers.
Sec. 7.
Membership.
^-fte five industrial officers, two shall be representative citi
zens of the employing class operating under the workmen’s com
pensation act, two shall be representative citizens chosen from
among the employees operating under such act, and the other
shall be a representative citizen not identified with either the
employing or employee classes.
Salaries.
9. The executive and administrative officers whose offices
are created by this act shall receive annual salaries, payable in
equal monthly installments, as follows:
*
*
*
*
dollars.
Powers
duties.
*
Hc
*
*
Sec.
and
*
*
*
*
* Each industrial officer shall receive five thousand
Sec. 44. The department of labor shall exercise and discharge
the rights, powers and duties vested by law in the industrial
board under an act * * * [workmen’s compensation law] ap
proved June 28, 1913, in force July 1, 1913 [p. 335, acts of 1913],
or any future amendments thereto or modifications thereof.
Said act and all amendments thereto and modifications thereof,
if any, shall be administered by the industrial commission created
by this act, and in its name, without any direction, supervision,
or control by the director of labor.
Approved March 7, 1917.
INDIANA.
Compensation of workmen for injuries.
[The compensation law of the State (chapter 106, acts of 1915),
is amended by various acts of 1917. Section 1 is amended by
chapter 165 by adding thereto the following:]
This act shall not apply to railroad employees engaged in train Certain rail
road employees
service.
[Section 28 is amended by chapter 81 by reducing the waiting exempt.
time from 14 days to 7 days, and making liability payments begin
the eighth day after the injury. Corresponding changes are also
made in sections 29, 30, and 57.
Sections 59, 60, and 61 are amended by chapter 63 so as to read
as follows:]
S e c t io n 59. The board, by any or all of its members, shall hear
Award.
the parties at issue, their representatives and witnesses, and shall
determine the dispute in a summary manner. The award shall be
filed with the record of proceedings, and a copy thereof shall
immediately be sent to each of the parties in dispute.
S e c . 60. If an application for review is made to the board within
Review.
seven days from the date of an award, made by less than all the
members, the full board, if the first hearing was not held before
the full board, shall review the evidence, or, if deemed advisable,
hear the parties at issue, their representatives and witnesses as
soon as practicable and shall make an award and file same, with a
finding of the facts on which it is based, and the rulings of law
by the full board, if any, and send a copy thereof to each of the
parties in dispute, in like manner as specified in the foregoing
section.
Appeals t o
S e c . 61. An award of the board by less than all of the members,
as provided in section 59, if not reviewed as provided in section court.
60, shall be final and conclusive.
An award by the full board shall be conclusive and binding as
to all questions of fact, but either party to the dispute may, within
thirty days from the date of such award, appeal to the appellate
court for errors of law under the same terms and conditions as
govern appeals in ordinary civil actions.
The board, of its own motion, may certify questions of law to
said appellate court for its decision and determination.
An assignment of error that the award of the full board is
contrary to law shall be sufficient to present both the sufficiency
of the facts found to sustain the award and the sufficiency of the
evidence to sustain the finding of facts.
All such appeals and certified questions of law shall be sub
mitted upon the date filed in the appellate court, shall be advanced
upon the docket of said court, and shall be determined at the
earliest practicable date, without any extensions of time for filing
briefs.
An award of the full board, affirmed on appeal, shall be in
creased thereby five per cent.
45615°—Bull. 243—18------14
209
IOWA.
Compensation of workmen for Injuries.
[The compensation law of the State (chapter 147, acts of 1913,
codified as sections 2477-m to 2477-m-51) is amended in several
sections by acts of 1917. Section 1 (sec. 2477-m) is amended by
chapter 418 by adding to subdivision (a) the following:]
The provisions of this act shall not apply as between a munic- P e a s i o n
ipal corporation, city or town and any person or persons receiv-funds#
ing any benefits under, or who may be entitled to, benefits from
any “ firemen’s pension fund ” or “ policemen’s pension fund” of
any municipal corporation, city or town.
[Section 10 (sec. 2477-m-9) is amended by chapter 270, by so
changing the provisions of subdivision (b) as to allow medical,
eta, aid for four weeks instead of two. Subdivision (g) of the
same section is amended so as to read as follows:]
(g)
No compensation shall be paid for an injury which does W a 11 l n g
not incapacitate the employee for a period of at least two weeks time,
from earning full wages: Provided, however, That this provision
shall not apply to those injuries resulting in disability partial in
character and permanent in quality and compensated according
to the schedule found in section twenty-four hundred seventyseven-m-9 (j) (2477-m-9-j), Supplement to the Code, 1913.
Should such incapacity extend beyond a period of two weeks, com
pensation shall begin on the fifteenth day after the injury: Pro
vided, however, That if the period of incapacity extends beyond
Proviso,
the thirty-fifth day following the date of injury, then the compen
sation for the fifth week of incapacity shall be increased by adding
thereto an amount equal to two-thirds (§) of the weekly compen
sation ; if the period of incapacity extends beyond the forty-second
(42) day following the date of injury, then the compensation for
the sixth week of incapacity shall be increased by adding thereto
an amount equal to two-thirds (§) of the weekly compensation;
if the period of incapacity extends beyond the forty-ninth (49)
day following the date of injury, then the compensation for the
seventh week of incapacity shall be increased by adding thereto
a n amount equal to two-thirds (§) of the weekly compensation; if
the period of incapacity extends beyond the forty-ninth (49) day
following the date of injury, then the compensation thereafter
shall be only the weekly compensation provided for in this law.
[Subdivisions (h) and (i) are amended by making the maxi
mum weekly payments $15 instead of $10, and ‘the minimum $6
instead of $5.
Subdivision (j) is amended by striking out the words “ based
upon the extent of such disability,” in the first paragraph, and
substituting therefor the words “ as follows.”
A new paragraph (17) is inserted in subdivision ( j), as fol
lows :]
(37) For the loss of hearing in one ear, fifty (50) per cent of Loss of heardaily wages during fifty (50) weeks, and for the loss of hearing in ing.
both ears, fifty (50) per cent of the daily wages during one hun
dred fifty (150) weeks.
[Old paragraphs (17), (18), and (19) are renumbered (18),
(19), and (20), respectively, and the paragraph now numbered
(18) is amended so as to read as follows:]
(18) The loss of both arms, or both hands, or both feet, or both P e r m a n e n t
legs, or both eyes, or of any two thereof, caused by a single acci- total disability,
dent, shall constitute total and permanent disability, to be com-
211
212
w o r k m e n ’ s c o m p e n s a t io n
l e g is l a t io n .
pensated according to the provisions of section twenty:four hun
dred seventy-seven-m-9 (i) (2477-m-9-i), Supplement to the Code,
1913.
[Section 14 (sec. 2477-m-13) is amended by inserting between
the first and second words the words “ an injured minor em
ployee or.”
This section is also amended by chapter 336, which adds new
paragraphs, as follows:]
In case a deceased employee for whose injury or death com
R e p r esentation of aliens. pensation is payable leaves surviving him an alien dependent or
dependents residing outside the United States, the consul general,
consul, vice consul or consular agent of the nation of which the
said dependent or dependents are citizens shall be regarded as
the exclusive representative of such dependent or dependents.
Such consular officer, or his duly appointed representative re
siding in the State of Iowa, shall have the exclusive right in
behalf of such nonresident dependent or dependents to present,
prosecute, litigate, adjust, and settle all claims for compensation
provided by this act, and to receive for distribution to such
dependent or dependents all compensation arising hereunder.
Such consular officer or his duly appointed representative shall
file with the industrial commissioner a copy of his exequatur or
evidence of his authority and the industrial commissioner shall
notify such consular officer or his said representative of the
death of all employees leaving alien dependent or dependents re
siding in the country of said consular officer so far as same shall
come to his knowledge: Provided, however, That nothing herein
shall abridge the right of any relative of such decedent who may
reside in the State of Iowa to take out administration upon the
estate of such decedent, and as such receive the funds due said
estate: And provided further, That before said consular agent
or his representative shall have the right to receive funds due the
estate of said decedent he shall regularly take out administra
tion in the county where said decedent last resided, and give bond
as administrator for the protection of such funds as provided by
law.
[Section 15 (sec. 2477-m-14) is amended by chapter 270 by
adding to the first sentence the following:]
Provided, however, That no judge of the district court shall
C o m m i sBioner to ap consider any such application until there is endorsed thereon
prove commu
by the Iowa industrial commissioner his approval of such com
tations.
mutation, and no order shall be issued by such judge contrary
to the endorsement of said industrial commissioner.
[Section 17 (stc. 2477-m-16) is amended by substituting “ or ”
Casual em
ployees.
for “ and” after the word “ casual” in subdivision (b) ; also by
adding to the first sentence in subdivision (c) ( 1 ), the follow
ing:]
If n o de and should the deceased employee leave no dependent children,
pendent
chil
and should the surviving spouse remarry, then all compensation
dren.
payable to her shall terminate on the date of such remarriage.
[Subdivision (h) is repealed, and subdivision (i) becomes (h).
Section 20 (sec. 2477-m-19) is repealed.
Section 23 (sec. 2477-m-22) is amended by adding thereto the
following:]
Deputy.
The Iowa industrial commissioner shall appoint a deputy, for
whose acts he shall be held responsible, who shall: hold office
during the pleasure of said industrial commissioner. Such ap
pointment shall be made in writing, and must be approved by
the executive council of the State of Iowa. The deputy, in the ab
sence or disability of the Iowa industrial commissioner, shall
have all of the powers and perform all of the duties of the indus
trial commissioner pertaining to his office, and shall receive an
annual salary of two thousand ( 2 ,000) dollars, payable in equal
monthly installments, out of the State treasury, and in the same
manner as are the salaries of other State officials.
[Section 25 (sec. 2477-m-24) is amended by chapters 188, 270,
and 409, so as to read as follows:J
TEXT OF COMPENSATION LAWS---- IOWA.
213
S ec . 25. The commissioner may make rules and regulations not
Rules,
inconsistent with this act for carrying out the provisions of the
act. The employer shall furnish upon request of an injured em- Employer t o
ployee or dependent or any legal representative acting for such ments. S *
person, a statement of the earnings, wages, or salary and other
matters relating to such earnings, wages, or salary during the year
or part of the year that such employee was in the employment of
such employer for the year preceding the injury: Provided, however, That not more than one report shall be required for each
on account of any one injury. Process and procedure under this Procedure,
act shall be as summary as reasonably may be. While sitting as
an arbitration committee, or when conducting a hearing upon re
view, or in the making of any investigation or inquiry, neither the
commissioner nor the arbitration committee shall be bound by
common law or statutory rules of evidence, or by technical or
formal rules of procedure, but may hold such arbitrations or con
duct such hearings and make such investigations and inquiries
in the manner best suited to ascertain the substantial rights of
the parties. The commissioner shall have the power to subpoena
witnesses, administer oaths, and to examine such books and
records of the parties to a proceeding or investigation as relate
to questions in dispute or under investigation. The fees for at
tending as a witness before the industrial commissioner shall be
$1.50 per diem; for attending before an arbitration committee $1
per diem; in both cases five cents per mile for traveling to and
from the place of hearing. The district court is hereby empowered
to enforce by proper proceedings the provisions of this section
relating to the attendance and testimony of witnesses and the
examination of books and records. The deposition of any wit
ness may be taken and used in evidence in any hearing pending
before a board of arbitration in workmen’s compensation pro
ceeding in connection therewith.
Such deposition shall be taken in the same manner as pro
vided for the taking of depositions in the district court, and when
so taken shall be admissible in evidence in such hearings in the
same manner subject to the same rules governing the admission
of evidence in the district court.
Application for permission to take depositions in such case shall
be filed in the district court of the county wherein the case for
arbitration shall be heard.
The commissioner shall make biennial reports to the governor Reports,
who shall transmit the same to the general assembly, in which,
among other things, the commissioner shall recommend such
changes in the law covered by this act as he may deem necessary.
[Section 26 (sec. 2477-m-25) is amended by chapter 270 by
inserting before the last sentence-thereof the following:]
In case the injured employee is a minor, either he or the trustee Minors,
piovided for in section twenty-four hundred seventy-seven-m-13
(2477-m-13), supplement to the code, 1913, may execute the
memorandum of agreement provided for herein, and may give a
valid and binding release for the compensation paid on his ac
count under the terms of this act.
[Section 34 (sec. 2477-m-33) is amended by chapter 270 so as
to read as follows:]
S ec . 34. Any party in interest may present a certified copy
E n fo r c e of an order or decision of the commissioner, or an award of an ment of award*
arbitration committee from which no claim for review has been
filed within the time allowed therefor, or a memorandum of agree
ment approved by the commissioner, and all papers in connection
therewith, to the district court of the county in which the injury
'occurred, whereupon said court shall render a decree in ac
cordance therewith and notify the parties. Such decree, in the
absence of an appeal from the decision of the industrial commis
sioner, shall have the same effect and in all proceedings in rela
tion thereto shall thereafter be the same as though rendered in
a suit duly heard and determined by said court. Upon the
presentation to the court of a certified copy of a decision of the
214
Review.
Appeals
court.
Fees.
w o r k m e n ’s
COMPENSATION LEGISLATION.
industrial commissioner, ending, diminishing or increasing a
weekly payment under the provisions of this act, the court shall
revoke or modify the decree to conform to such decision.
No order or award of an arbitration committee is appealable
direct to the courts, but if any party in interest is aggrieved
thereby, he may within five (5) days from the date thereof apply
to the industrial commissioner for a review of the same by such
industrial commissioner in the manner as hereinbefore provided.
If any such party is aggrieved by reason of an order or decree of
the Iowa industrial commissioner, such party may appeal there
from to the district court of Iowa, only in the manner and upon
the grounds following:
to Within thirty (30) days from the date of such order or decree
of the industrial commissioner, the party aggrieved may file an
application in writing with the Iowa industrial commissioner ask
ing for an appeal from such order or decree, stating generally the
grounds upon which such appeal is sought. In the event such
application is filed as hereinbefore provided, the industrial com
missioner shall, within thirty days from the filing of same, cause
certified copies of all documents and papers then on file in his
office in the matter, and a transcript of all testimony taken
therein, to be transmitted with his findings and order or decree
to the clerk of the district court of Iowa in and for that county
wherein the injury occurred. The application for such appeal
may thereupon be brought on for hearing before said district
court upon such record by either party on ten ( 10 ) days’ written
notice to the other; subject, however, to the provisions of law for
a change of the place of trial or the calling of another judge.
The findings of fact made by the industrial commissioner within
his powers shall, in the absence of fraud, be conclusive, but upqn
such hearing the court may confirm or set aside such order or
decree of the industrial commissioner, if he finds:
(1) That the industrial commissioner acted without or in ex
cess of his powers; or
(2) That the order or decree was procured by fraud; or
(3) That the facts found by the industrial commissioner do not
support the order or decree.
(4) That there is not sufficient competent evidence in the
record to warrant the industrial commissioner in making the
order or decree complained of.
No order or decree of the industrial commissioner shall be set
aside by the court upon other than the grounds just stated.
Upon the setting aside of any such order or decree, the court
may recommit the controversy to the industrial commissioner for
further hearing or proceedings, or it may enter the proper judg
ment upon the findings, as the nature of the case may demand.
Such decree shall have the same effect and in all proceedings in
relation thereto shall thereafter be the same as though rendered
in a suit duly heard and determined by said court.
An abstract of the judgment entered by the trial court upon the
appeal from any order or decree shall be made by the clerk
thereof upon the docket entry of any judgment which may here
inbefore have been rendered upon it. Such order or decree and
transcript of such abstract may thereupon be obtained for like
.entry upon the dockets of the courts of other counties within the
State.
Any party in interest who is aggrieved by a judgment entered
by the district court upon the appeal of an order or decree, may
appeal therefrom within the time and in the manner provided for
in appeal from the orders, judgments and decrees of the dis
trict court of Iow a; but all such appeals shall be placed on the
calendar of the supreme court and brought to a hearing in the
same manner as criminal causes on such calendar.
No fee shall be charged by the clerk of any district court for
the performance of any official service required by this act, except
for the docketing of judgments and for certified copies or tran
scripts thereof. In proceedings on appeal from an order or de*
TEXT OF COMPENSATION LAWS— IOWA.
215
cree, costs as between the parties shall be allowed or not, in the
discretion of the court.
[Section 35 (sec. 2477-m-34) is amended by changing sub
division (a) so as to read as follows:]
(a)
Any payment required to be made under this act, which R e v ie w
has not been commuted, may be reviewed by the industrial com- payments,
missioner at the request of the employer or of the employee, and
if on such review the commissioner finds the condition of the em
ployee warrants such action, he may end, diminish or increase the
compensation, subject to the maximum or minimum amounts pro
vided for in this act. All hearings upon review by the Iowa in
dustrial commissioner under the provisions of this section, or
under section twenty-four hundred seventy-seven-m-32(2477-m32), Supplement to the Code, 1913, shall be held at Des Moines,
Iowa, unless the interested parties and the Iowa industrial com
missioner mutually agree by written stipulation that the same may
be keld at some other place.
Upon the presentation to the court of a certified copy of a deci
sion of the industrial commissioner ending, diminishing or in
creasing a weekly payment under the provisions of this act, the
court shall revoke or modify any judgment or decree then on
record in his court to conform to such decision.
[Section 37 (sec. 2477-m-36) is amended by changing its first
paragraph so as to read as follows: ]
Every employer shall hereafter keep a record of all injuries, Accidents to
fatal or otherwise, sustained by his employees in the course of be rePorted*
their employment and resulting in incapacity for a longer period
than one day. Within forty-eight hours, not counting Sundays
and legal holidays, after the employer has knowledge of the oc
currence of an accident resulting in personal injury causing in
capacity for a longer period than one day, a report shall be made
in writing by the employer to the industrial commissioner on
blanks to be procured from the commissioner for that purpose.
[Section 42 (sec. 2477-m-41) is amended so as to read as
follows:]
S ec . 42. Every employer, subject to the provisions of this act.
Insurance
shall insure his liability thereunder in some corporation, associa- re(5Uired'
tion or organization approved by the State department of insur
ance. Every such employer shall within thirty (30) days after
this act goes into effect exhibit on demand of the State insurance
department evidence of his compliance with this section. And if
such employer refuses, or neglects to comply with this section, he
shall be liable in case of injury to any workman in his employ
under the common law as modified by statute, and in the same
manner and to the same extent as though such employer had
legally exercised his right to reject the compensation provisions of
chapter eight ( 8 )-A, Title XII, Supplement to the Code, 1913.
Any employer who fails to insure his liability as required herein
shall post and keep posted a sign of sufficient size and so placed as
to be easily seen by his employees in the immediate vicinity where
working, which sign shall read as follows:
NOTICE TO EMPLOYEES.
You are hereby notified that the undersigned employer has
failed to insure his liability to pay compensation as required by
law, and that because of such failure he is liable to his employees
in damages for personal injuries sustained by his employees in the
same manner and to the same extent as though he had legally
exercised his right to reject the compensation provisions of
chapter eight-a ( 8-A ), Title XII, Supplement to Code, 1913.
(Signed)------------------------------------Any employer coming under the provisions of this act who fails
to comply with this section or to post and keep posted the above
notice in the manner and form herein required shall be guilty of
a misdemeanor.
«
of
216
w o r k m e n ’s
COMPENSATION LEGISLATION.
ACTS OF 1917.
C h a p te r
67.— Compensation payments to State employees.
1. All valid claims now due or which may hereafter
Payment o f
claims.
become due employees of the State of Iowa under the provisions
of [the Iowa workmen’s compensation statute], chapter 8-A, Title
XII, Supplement to the Code, 1913, shall be paid out of any funds
in the State treasury not otherwise appropriated.
Mode.
Sec. 2. The auditor of State is hereby authorized and directed
to draw warrants on the State treasury for any and all amounts
due such employees under the Iowa workmen’s compensation act,
upon there being filed in his office, either a memorandum of settle
ment approved by the commissioner, or of an award made by an
arbitration committee, for which no review, is pending, or an order
of the industrial commissioner from which no appeal has been
taken, or a judgment of any court of the State, accompanied by a
certificate of the Iowa industrial commissioner setting forth the
amount of compensation due and the statutory provisions under
which the same should be paid.
Sec. 3. The provisions found in section one hundred seventy-s
Approval not
required.
(170-s), Supplemental Supplement to the Code, 1915 [requiring
approval of warrants by the State board of audit], shall not apply
to the compensation claims referred to herein.
Approved, March 23, 1917.
S e c tio n
KANSAS.
Compensation of icorkmen for injuries.
[The compensation law of this State (chapter 218, acts of
1911, as codified in the General Statutes of 1915), was so exten
sively amended by chapter 226, acts of 1917, that it is reproduced
in full, in its amended form.]
S e c t i o n 5896 (as amended by chapter 226, acts of 1917). If in
Compensa*
any employment to which this act applies, personal injury by acei- S^en payal,le,
dent arising out of and in the course of employment is caused to
a workman, his employer shall, subject as hereinafter mentioned,
be liable to pay compensation to the workman in accordance with
this act. Save as herein provided no such employer shall be liable
for any injury for which compensation is recoverable under this
act: Proinded, That (a) the employer shall not be liable under
this act in respect of any injury which does not disable the work
man for a period of at least one week from earning full wages
at the work at which he is employed; (b) if it is proved that the
injury to the workman results from his deliberate 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 protec
tion voluntarily furnished him by said employer, or solely from
his deliberate breach of statutory regulations affecting safety of
life or limb, or from his intoxication, any compensation in respect
to that injury shall be disallowed.
S e c . 5897. Nothing in this act shall affect the liability of the
Fines, etc.
employer or employee to a fine or penalty under any other
statute.
S e c . 5898. (a) Where any person (in this section referred to a s
Contractors,
principal) undertakes to execute any work which is a part of his
trade or business or which he has contracted to perform and con
tracts with any other person (in this section referred to as the
contractor) for the execution by or under the contractor of the
whole or any part of the work undertaken by the principal, the
principal shall be liable to pay to any workman employed in the
execution of the work any compensation under this act which lie
would have been liable to pay if that workman had been imme
diately 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 sub
stituted for references to the employer, except the amofint of com
pensation shall be calculated with reference to the earnings of
the workman under the employer by whom he is immediately em
ployed. (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 compensation to the
workman independently of this section, and shall have a cause
of action therefor, (c) Nothing in this section shall be con
strued as jDreventing 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 oc
curred elsewhere than on or in, or about the premises on which the
principal bas 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 con-
217
218
w o r k m e n 's
COMPENSATION LEGISLATION.
tractor who pays compensation voluntarily to a workman of a
subcontractor shall have the right to recover over against the
subcontractor.
urleS*i b y ^EC* 5S99- Where the injury for which compensation is payable
third parties. un(|er ^his act was caused under circumstances creating a legal
liability against some person other than the employer to pay dam
ages in respect thereof: (a) The workman may take proceedings
against that person to recover damages and against any person
liable to pay compensation under this -act for such compensation,
but shall not be entitled to recover both damages and compen
sation; and (b) if the workman has recovered compensation
under this act, the person by whom the compensation was paid,
or any person who has been called on to indemnify him under
the section of this act relating to subcontracting, shall be entitled
to indemnity from the person so liable to pay damages as afore
said, and shall be subrogated to the rights of the workman to
recover damages therefor.
S cop e o f Sec. 5900 (as amended by chapter 226, acts of 1917). This act
aw’
shall apply only to employment in the course of the employer’s
trade or business on, in or about a railway, factory, mine or
#
quarry, electric, building or engineering workv laundry, natural
gas plant, county and municipal work, and all employments
wherein a process requiring the use of any dangerous explosive
or inflammable materials is carried on, which is conducted for the
purpose of business, trade or gain; each of which employments
is 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 workman
engaged therein are inherent, necessary, or substantially un
avoidable, and as to each of which employments it is deemed
necessary to establish a new system of compensation for in
juries 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, shall be saved the remedies now
existing therefor and the court shall have the same power as to
them as if this act had not been enacted. Agricultural pursuits
and employments incident thereto are hereby declared to be nonpl<Smen*ts. em hazardous and exempt from the provisions of this a ct: 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 business,
may elect to come within the provisions of this act by filing with
the secretary of state a written statement of election to accept
thereunder, and such election 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 secretary of state,
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 * * * [5989], and if the em
ployee 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 secretary of state.
Sec. 5901. This act shall not be construed to apply to business
or employments which, according to law, are so engaged in inter
state commerce as to be not subject to the legislative power of the
State, nor to persons injured while they are so engaged.
e m * Sec. 5902. It is hereby determined that the necessity for this
Interstate
commerce.
Small
ploy era.
the reason for ^s enactment, exist 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) continuously for more than one
month at the time of the accident: Provided, however, That em
ployers having less than five workmen may elect to come within
la w an(j
TEXT OF COMPENSATION LAWS— KANSAS.
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 without regard to the number of
workmen employed.
S e c . 5903 (as amended by chapter 226, acts of 1917). In this
act, unless the context otherwise requires: (a) “ Railway” in
cludes 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 pro
vided iii section 5901 of General Statutes of 1915. (b) “ Factory ”
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 or of the business carried on therein, including expressly
any brickyard, meat-packing house, foundry, smelter, oil refinery,
lime-burning plant, steam heating plant, electric lighting plant,
electric power plant, and water power plant, grain elevator, powder
plant, blast furnace, paper mill, printing plant, flour mill, glass
factory, beet sugar factory, cement plant, artificial gas plant,
machine or repair shop, salt plant, and chemical manufacturing
plant, (c) “ Mine” 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; and includes all the appurtenant
structures at or about the openings of the mine, and any adjoin
ing adjacent work place where the material from a mine is pre
pared for use or shipment, (d) “ Quarry” means any place,
not a mine, where stone, slate, clay, sand, gravel, or other solid
material is dug or otherwise extracted from the earth for the pur
pose of trade or bargain or of employer’s trade or business, (e)
“ Electrical work ” means any kind of work in or directly con
nected with the construction, installation, operation, alteration,
removal, or repair of wires, cables, switchboards or apparatus
used for the transmission of electrical current, or operation of
telegraph or telephone lines, (f) “ Building work” means any
work in the erection, construction, extension, decoration, altera
tion, repair or demolition of any building or structural appurte
nances. (g) “ Engineering work” means any work in the con
struction, alteration, extension, repair or demolition of a railway
(as hereinbefore defined), bridge, jetty, dike, dam, reservoir,
underground conduit, pole lines constructed or used for carrying
conductors, sewer, oil or gas well, 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, repair
ing or removing underground pipes and connections; the erection,
installing, repairing, or removing of boilers, furnaces, engines
and power machinery (including belting and other connections),
and any work in grading or excavating where shoring is neces
sary 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, cor
porate or unincorporate, and the legal representatives of a de
ceased employer or the receiver or trustee of a person, corporation,
association or partnership; and when any mine, quarry, factory, or
other place, covered by the provisions of this act in which worfe
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 employers
jointly. (i) “ Workman” means any person who has entered
into the employment of or works under contract of service or
219
Definitions.
220
w o r k m e n ' s c o m p e n s a t io n
l e g is l a t io n .
apprenticeship with an employer, but does not include a person who
is employed otherwise than for the purpose of the employer’s
trade or business. 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 repre
sentatives, or where he is a minor or incompetent, to hjs
guardian, (j) “ Dependents” means such members of the work
man’s family as wTere wholly or in part dependent upon the
workman at the time of the accident. “ Members of a family,”
for the purpose of this act means only 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 grand
parents, then grandchildren; or if no grandchildren, then brothers
and sisters. In the meaning of this section parents include step
parents, children include stepchildren, and grandchildren include
step-grandchildren, and brothers and sisters include stepbrothers
and stepsisters, 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 nor as a
member of his 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 be capable of wage
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 em
ployment ” as used in this act shall not be construed to include
injuries to the employee occurring while he is on his way to as
sume the duties of his employment or after leaving such duties,
the approximate cause of which injury is not the employer’s
negligence.
Incompetent Sec. 5904. In case an injured workman is mentally incompepersons.
£e n t o r R m inor> o r w h e r e death results from the injury, in case
any of his dependents as herein defined is mentally incompetent or
a minor, at the time when any right, privilege or election accrues
to him under this act, his guardian may, in 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 incompe
tent or minor has no guardian.
Medical, etc.,
S ec . 5905 (as amended by chapter 226, acts of 1917). The
treatment.
amount of compensation under this act shall be: 1. On demand, the
employer shall pay the cost, not exceeding $150, of a physician and
all such medical, surgical and hospital treatment, including nurs
ing, medicines, medical and surgical supplies, crutches and appa
ratus as may be reasonably necessary for a period of not longer
than 50 days, to cure and relieve from the effects of the injury,
and in case of the refusal or neglect of the employer to reasonably
do so, the employer shall be liable for the reasonable expenses in
curred by or on behalf of the employee in providing the same
within the limits as to time and amount hereinbefore expressed:
Provided, That no employer shall be liable for any medical, surgi
cal and hospital treatment, including nursing, medicines, medical
and surgical supplies, crutches and apparatus, nor for any phy
sician’s or surgeon’s fees in excess of the amount hereinbefore
Co m pens a - set f orth. 2. (a) If a workman leaves any dependents wholly detion for dea . pen(jent Up0n hiS earnings, a sum equal to three times his av
erage yearly earnings, computed as provided in section *_ * *
[5906], but not' exceeding thirty-eight hundred dollars ($3S00)
and not less than fourteen hundred dollars ($1400) : Provided,
That any payment under this act on account of any injury from
which death shall thereafter result, except such payments as may
fee 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 citizens of and residing at the time of the
accident and injury in the United States or the Dominion of
Canada, the amount of compensation shall not exceed in any case
TEXT OF COMPENSATION LAWS— KANSAS.
221
the sum of seven hundred fifty dollars ($750). (b) If a workman
does not leave any such dependents, but leaves dependents in part
dependent on his earnings, such proportion of the amount payable
under the provisions of paragraph 2 (a) of this section as may
be agreed upon or determined to be proportionate to the degree of
dependency of the said dependents, (c) If a workman does not
leave any dependents, the reasonable expense of his burial, not
exceeding one hundred and fifty dollars ($150). (d) 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 incapable of
wage earning, shall become eighteen (18) years of age, such com
pensation shall cease. 3. (a) Where total permanent disability permanent
results from the injury, no compensation shall be paid during the total disabilifirst week of disability, except that provided in paragraph 1 of ty.
this section, but after the expiration of said first week, payment
shall be made as provided in section 5907 of the General Statutes
of 1915 during such permanent total' disability of a sum equal to
sixty per cent (60%) of the average weekly earnings of the
injured workman, computed as provided in section * * *
[5906], but in no case less than $6 per week nor more than $15
per week. The payment of compensation for total permanent dis
ability shall not extend over a period exceeding eight years from
the date of injury. Loss of both eyes, both hands, both arms, both
feet or both legs shall, in the absence of proof to the contrary,
constitute total permanent disability. Substantially total paraly
sis, or incurable imbecility or insanity, resulting from an injury
independent of ali 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 Te mporary
total disability results from the injury no compensation shall be total disabilipaid during the first week of disability, except that provided in ty*
paragraph 1 of this section, but after the expiration of said first
week payment shall be made in accordance with the provisions of
section 5907 of the General Statutes of 1915, during such tempo
rary total disability, of a sum equal to sixty per cent of the av
erage weekly earnings of the injured workman, computed as pro
vided in section * * * [5906], but in no case less than $6 per
week nor more than $15 per week: Pro vided, That if such tempo
rary total disability is followed by a permanent partial disability
resulting from the injury, payment for such permanent partial dis
ability shall be made as provided in clause (c) of this paragraph p e r ma n e n t
of this section, (c) Where disability, partial in character but p a r t i a l diapermanent in quality, results from the injury, the injured work- ability,
man 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 in a lump sum shall be paid as provided
in the following schedule, the average weekly wages to be com
puted as provided in section * * * [5906], and the compensa
tion to be in no case less than $6 per week nor more than $12 per
week.
(1) For the loss of a thumb, 50 per cent of the average weekly schedule,
wages during 60 weeks.
(2) For the loss of a first finger, commonly called the index
finger, 50 per cent of the average weekly wages during 37 weeks.
(3) For the loss of a second finger, 50 per cent of the average
weekly wages during 30 weeks.
(4) For the loss of a third finger, 50 per cent of the average
weekly wages during 20 weeks.
(5) For the loss of a fourth finger, commonly called the little
finger, 50 per cent of the average weekly wages during 15 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 the compensation shall be one-half of the
amounts specified above. The loss of the first phalange and any
part of the second phalange of any finger, which includes the
222
■w o r k m e n ' s COMPENSATION LEGISLATION.
loss of any part of the bone of sneh second phalange, shall be
considered to be equal to the loss of two-thirds of such finger,
and the compensation ’shall be two-thirds of the amounts speci
fied 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
the third or proximal phalange, shall be considered as the loss
of the entire finger.
(7) For the loss of a great toe, 50 per cent of the average
weekly wages during 30 weeks.
( 8 ) For the loss of any other toe than the great toe, 50 per
cent of the average weekly wages during 10 weeks.
(9> The loss of the first phalange of any toe shall be con
sidered to be equal to the loss of one-half of such toe, and the
compensation shall be one-half of the amounts above specified.
(10) The loss of more than one phalange of a toe shall be con
sidered to be equal to the loss of the entire toe.
(11) For the loss of a hand, 50 per cent of the average weekly
wages during 150 weeks.
(12) For the loss of an arm, 50 per cent of the average weekly
wages during 210 weeks.
(13) For the loss of a foot, 50 per cent of the average weekly
wages during 125 weeks.
(14) For the loss of a leg, 50 per cent of the average weekly
wages during 200 wfeeks.
(15) For the loss of an eye, or the complete loss of the sight
thereof, 50 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, 50 per cent
of the average weekly wages during 100 weeks.
(18) For the complete loss of hearing of one ear, 50 per cent
of the average weekly wages during 25 weeks.
Injuries not (19) Should the employer and employee be unable to agree
covered.
upon the amount of compensation to be paid in any case of injury
not covered by the schedule, the amount of compensation shall
be settled according to the provisions of this act as in other
cases of disagreement: Provided, however, In case of partial
disability not covered by schedule the workman shall receive dur
ing such period of partial disability not exceeding eight ( 8 )
years, 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.
Death
dur- (20) If a workman has received an injury for which compencompensation. sation is being paid him, and his death is caused by other and
independent causes, any payments 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
compensation not yet due and payable at the time of the death
of such workman shall cease and be abrogated by his death.
jui?es°nd i n " ( 21 ) ^ a workman has suffered a previous disability and re
ceives a later injury, the effects of 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 of
this section for his prior injury and the total sum which would
be due said employee for such total disability computed as pro-
T E X T OF COM PENSATIO N LAW S— KANSAS.
223
vided in section * * * [5906], but in no case less than $6
per week nor more than $15 per week.
(22) Permanent loss of the use of a hand, arm, foot, leg or Loss of use.
eye, as a direct result of an injury, shall be considered as the
equivalent of the loss of such hand, arm, foot, leg or eye.
(23) The compensation for the foregoing specific injuries shall S c he d u l e
be in lieu of all other compensation, except the benefits provided benefits excluin paragraph 1 of this section. Where t«e said minor or his de- slve*
pendents are entitled to compensation under the provisions of this Minora,
act, such compensation shall be exclusive of all other remedies
or causes of action for such injury or death, and no claim or
cause of action shall inure or accrue to, or exist in favor of 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 of service of such minor employee resulting
from or growing out of the injury to or death of such minor em
ployee. In any case of injury to or death of a female employee, Female*,
where the said female employee or her dependents are entitled
to compensation under the provisions of this act, such compensa
tion shall be exclusive of all other remedies or causes of actio£
for such injury or death, and no claim of action shall inure or
accrue to or exist in favor of the surviving husband or any rela
tive or next of kin of such female employee 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.
S ec . 5906 (as amended by chapter 226, acts of 1917). 1. The
Ea r ni ng s
average annual earnings of a workman shall, for the purpose of computed, how.
the provisions of this act, be computed as follows: (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 serv
ices during the year immediately preceding the injury, undimin
ished by loss due to absence from work on account of illness or
other unavoidable cause, (b) Where the workman has been em
ployed less than one year by the employer in whose employ he re
ceived the injury, 52 times the average weekly amount which,
during the twelve 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 52 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 simi
lar work or employment, (c) Where the workman had entered
into concurrent contracts of 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 earn
ings 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 employ
ment, the sums so paid shall not be reckoned as part of the earn
ings of the workman; nor shall tips or gratuities received from
the employer or other persons be considered or included as part of
the workman’s earnings, but reasonable value of board, rent,
housing, lodging, fuel or other similar advantages received from
the employer as a part of remuneration of the employee and the
value of which can be estimated in money, shall be considered
and included as a part of the workman’s earnings, (e) If arbi
tration or litigation is necessary to establish the amount of com
pensation, credit shall be given to the employer by the arbitrator,
arbitration committee or court for any amounts paid under this
22 4
w o r k m e n ’s
c o m p e n s a t io n
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.
act prior to the date o f the award or prior to the trial and
judgment.
2. The average weekly wages o f a workman shall be one fiftysecond part o f his average annual earnings computed as provided
by paragraph 1 o f this section.
3. In computing average earnings o f a workman under the pre
ceding paragraphs o f this section regard shall be had to the
earnings for what is commonly regarded as a day’s w ork or a
week’s work fo r 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 th . com
pensation for such later injury shall be such amount as will rea
sonably represent his earning capacity at the time o f the later
injury in the employment at which he w as w orking at such time.
Payments.
S e c . 5907. The payments shall be made at the same time, place
and in the same manner as the wages o f the workman were pay
able at the time o f the accident, but a judge o f any district court
having jurisdiction upon the application o f either party may
m odify such regulation in a particular case as to him may seem
just.
Payments to
S e c . 5908. W here death results from the injury and the de
dependents.
pendents o f the deceased workman, as herein defined, have agreed
to accept compensation, and the amount o f such compensation and
the apportionment thereof between them has been agreed to or
otherwise determined, the employer may pay such compensation
to them accordingly (or to an administrator if one be appointed)
and thereupon be discharged from all further liability for the in
jury. W here only the apportionment o f the agreed compensation
between the dependents is not agreed to, the employer may pay
the amount into any district court having jurisdiction, or to the
administrator o f the deceased workman, with the same effect.
W here the compensation has been so paid into court or to an
administrator, the proper court, upon the petition o f such admin
istrator or any o f 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, medi
cal and funeral expenses may be paid and distributed in like
manner.
Payments
S e c . 5 9 0 9 (as amended by chapter 2 2 6 , acts o f 1 9 1 7 ) . No claim
exempt f r o m f or compensation, or compensation agreed upon, awarded, adexecution, etc. j uc]g ed> or p a id 5 shall be assignable or subject to levy, execution,
attachment, garnishment, or any other remedy or procedure for
the recovery or collection o f a debt, and this exemption can not
be waived.
S e c . 5910. [Repealed by chapter 226, acts o f 1917.]
Medical exS e c . 5911 (as amended by chapter 226, acts o f 1917). (a ) A faminations.
^er an injury to an employee, he shall, upon request o f the em
ployer, submit himself for examination at some reasonable time
and place, to a reputable physician or surgeon selected by the em
ployer, and shall so submit himself for examination thereafter at
intervals during the pendency o f his claim for compensation and
during the receipt by him o f payments under this act, upon re
quest o f the employer, but he shall not be required to submit
him self for examination oftener than once in fou r weeks unless
in accordance with such orders as may be made by the judge
o f the district court wherein proceedings may be had for the
determination or collection o f his compensation. Either party
may upon demand require a report o f any examination made by
the physician or surgeon selected by the other party, upon pay
ment o f a fee o f $ 1 therefor, but the employee shall not be liable
fo r any fees or charge o f any physician or surgeon selected by
the employer for making any examination o f the employee, (b )
I f the employee requests he shall be entitled to have a physician or
surg.on o f his own selection present at the time to participate in
such examination, (c ) Unless there be a reasonable opportunity
thereafter for such physician selected by the employee to par-
TEXT OF COMPENSATION LAW S— KANSAS.
225
ticipate in the examination in the presence o f the physician se
lected by the employer, the physician selected by the employer
shall not be permitted afterw ards to give evidence o f the condi
tion o f the employee in a dispute as to the injury, (d ) Except
as provided herein, there shall be no other disqualification or
privilege preventing the testimony o f a physician who actually
makes an examination.
S e c . 5912. In case o f a dispute as to the injury, the committee,
Special exor arbitrator as hereinafter provided, or the judge o f the district aminatioi».
court shall have the power to employ a neutral physician o f good
standing and ability, whose duty it shall be, at the expense o f
the parties to make an examination o f the injured person, as the
court may direct, on the petition o f either or both the employer
and employee or dependents.
Sec. 5913 (as amended by chapter 226, acts o f 1917). I f the Evidence not
employer or the employee has a physician or surgeon make such
1 **ed *
examination and no reasonable opportunity is given to the other
party to have his physician or surgeon make examination, then, in
case o f a dispute as to the injury, the physician of the party mak
ing such examination shall not give evidence before the court
in any action for compensation.
S ec. 5914 (as amended by chapter 226, acts of 1917). I f the R e f u s i n g
employee refuses to submit himself for examination upon request ^ t o n / exami"
o f the employer as provided fo r in section * * * [5911],
or if the employee or his physician or surgeon unneces
sarily obstructs or prevents such examination by the physician or
surgeon o f the employer, the employee’s right to payment o f com
pensation shall be and remain suspended until he shall submit to
examination and until such examination shall have taken place,
and no compensation shall be payable under this act during the
period o f suspension.
Sec. 5915 (as amended by chapter 226, acts o f 1917). No re- Certificates
port o f any examination o f any employee by a physician or “ Jen evidencc*
surgeon, as hereinbefore in this act provided for, nor any certifi
cate issued Qr given by the physician or surgeon making such
examination, shall be competent evidence in any court proceeding
for the determining or collection o f compensation unless supported
by the testimony o f such physician pr surgeon, if his testimony is
admissible, nor competent evidence in any case where the testi
mony o f such physician or surgeon is not admissible.
Sec. 5916. Proceedings for the recovery o f compensation under Notice a n d
this act shall not be maintainable unless written notice o f the acci- claim,
dent, stating the time, place and particulars thereof, and the
name and address o f the person injured, has been given within
ten days after the accident, and unless a claim for compensation
has been made within three months after the accident or in case
o f death, within six months from the date thereof. Such notice
shall be delivered by registered mail, or by delivery to the em
ployer. The want of, or any defect in such notice, or in its
service, shall not be a bar unless the employer proves that he has,
in fact, been thereby prejudiced, or i f such want or defect was
occasioned by mistake, physical or mental incapacity or other
reasonable cause, and the failure to make a claim within the
period above specified shall be a b a r: Provided, how ever, That
in case o f incapacity o f an injured employee the lim itation herein
shall not run during such incapacity.
S e c . 5917 (as amended by chapter 226, acts o f 1917). CompensaAgreements,
tion due under this act may be settled by agreement.
Sec. 5918 (as amended by chapter 226, acts o f 1917). I f com- Arbitration,
pensation be not so settled by agreement: (a ) I f any committee
representative o f the employer and the workman exists, organized
for the purpose o f settling disputes under this act, said committee
shall have the power to adopt rules governing its procedure and
action, and the matter shall, unless either party objects by no
tice in w riting delivered or sent by registered mail to the other
party before the committee meets to consider the matter, be set
tled in accordance with said rules by such committee or by an ar45615°— Bull. 243— 18-------15
226
w o r k m e n 's
COMPENSATION LEGISLATION.
bitrator selected by it. (b ) I f either party objects or there is no
such committee, or the committee or the arbitrator to whom it
refers the matter fails to settle it within sixty days from the date
o f the claim, the matter shall be settled by a single arbitrator
agreed on by the parties, or appointed by any judge o f a court
where an action might be maintained upon the written application
o f either party to said court. The consent to arbitration shall
be in w riting and signed by the parties, and may limit the fees o f
the arbitrator and the time within which the award must be
made, and unless such consent or order o f appointment expressly
'refers other questions, only the question o f the amount o f com
pensation shall be deemed to be in issue, but either party shall
have the right to require that the arbitrator shall also find the
character and quality o f the disability and the period for which
payments o f compensation shall continue in accordance w ith the
provisions o f this act.
Procedure.
S e c . 5 9 1 9 (as amended by chapter 2 2 6 , acts o f 1 9 1 7 ) . The com
mittee or arbitrator shall not be bound by technical rules o f pro
cedure or evidence but shall give the parties reasonable oppor
tunity to be heard and to present evidence, and shall act reason
ably and without partiality, and shall make and file an award,
with the consent to arbitration or the order o f the court ap
pointing the arbitrator attached, in the office o f the clerk o f the
proper district court within sixty days after the committee meets
to consider the claim or after the selection o f the arbitrator, and
shall give notice o f such filing to the parties by mail. The parties
may agree in w riting to extend the time for filing the award, and
i f so, the award shall be filed within such extended time as is so
agreed upon. I f any committee or arbitrator to whom a claim for
compensation shall have been submitted shall fail or neglect to
file its or his award within the time fixed by this section, the court
shall, upon the application o f either party, order such committee or
arbitrator to file such award within such time as the court shall
by such order fix, which time shall in no case be greater than ten
days from the date o f such order.
S e c . 5 9 2 0 . The arbitrator’s fees shall be fixed by the consent
Fees.
to arbitration or be agreed to by the parties before the arbitra
tion, and if not so fixed or agreed to, they shall not exceed ten
dollars per day,, for not to exceed ten days, and disbursements for
expense. The arbitrator shall tax or apportion the costs o f such
fees in his discretion and shall add the amount taxed or appor
tioned against the employer to the first payment made under the
award, and he shall note the amount o f his fees on the award and
shall have a lien therefor on the first payments due under the
award.
S e c . 5921 (as amended by chapter 226, acts o f 1917). Every
Awards to be
In writing.
award o f compensation made by any committee representing the
employer and workman, or by any arbitrator selected by such com
mittee, or by any arbitrator selected by the employer and the
employee, or appointed by order o f court, shall be in writing,
signed and acknowledged by the arbitrator or by the secretary
o f the committee hereinbefore referred to, and shall specify the
amount due and unpaid by the employer to the workman up to
the date o f the award, and, if any, the amount o f the payments
thereafter to be paid by the employer to the workman and the
length o f time such payment shall continue. No award shall be
or provide for payment o f compensation in a lump sum, except
as to such portion o f the compensation as shall be found to be due
and unpaid at the time o f the award, and credit shall be given to
the employer in such award for any amount or amounts paid by
him to the employee as compensation prior to the date o f the
award.
S e c . 5 9 2 2 (as amended by chapter 2 2 6 , acts o f 1 9 1 7 ) . Any award
Modification.
o f compensation may be modified by subsequent written agree
ment o f the parties, but no such agreement m odifying an award
shall be valid as against the workman unless such agreement or a
verified copy thereof be filed by the employer In the office o f the
TEXT 0F> COMPENSATION LAWS— KANSAS.
22 7
clerk o f the district court in tlie county in which the accident
occurred* within sixty days after the execution o f such agreement.
At the time o f making any final payment o f compensation, the .F * n a 1 re
employer shall be entitled to a final receipt for compensation, ceiPts*
executed and acknowledged or verified by the workman, which
final receipt may be in form a release o f liability under this act,
and every such final receipt for compensation or release of lia
bility or a duly verified copy thereof shall be filed by the employer
in the office o f the clerk o f the district court wherein the accident
occurred, within sixty days after tlie date o f execution o f such final
receipt or release o f liability, and if the employer shall fail or neg
lect to so file such final receipt or release o f liability, same shall be
void as against the workman. The said clerk o f the district court
shall accept, receipt for, and file every award, agreement m odifying
an award, final receipt fo r compensation or release o f liability or
verified copy thereof, without fee, and record and index same in
a book kept for that purpose. All records and books necessary
fo r the clerk o f the district court in order to carry out all of the
provisions o f this law, shall be furnished to said clerk upon r e - '
quest, by the board o f county commissioners.
S e c . 5923 (as amended by chapter 226, acts o f 1917). At any
Review, etc.
time before the final payment has been made under or pursuant
to any award or modification thereof agreed upon by the parties,
it may be reviewed by, the judge o f the district court having juris
diction, upon the application o f either party, and in connection
with such review the court may appoint a physician or surgeon or
two physicians or surgeons to examine the workman and report to
the court, and the court shall hear all competent evidence offered*
and if the court shall find that the award has been obtained by
fraud or undue influence or that the committee or arbitrator mak
ing the award acted without authority or was guilty o f serious
misconduct or that the award is grossly excessive or grossly inade
quate, or that the incapacity or disability o f the workman has
increased or diminished, the court may m odify such award, upon
such terms as may be just, by increasing or diminishing the com
pensation, subject to the limitations hereinbefore provided in this
a ct; and, if the court shall find that the workman has returned
to work for the same employer in whose employ he was injured
or for another employer and is earning the same or higher wages
than he did at the time o f the accident or injury, or is gaining an
income from any trade or employment wThich is equal to or greater
than the wTages he was earning at the time o f the accident of
injury, or shall find that the workman has absented himself and
continues to absent himself so that a reasonable examination can
net be made of him by a physician or surgeon selected by the
employer, or has departed beyond the boundaries o f the United
States or Dominion o f Canada, the court may cancel the aw^ard
and end the com pensation: Provided, That the provisions o f this
section shall not apply to awards o f compensation provided for in
the schedule o f specific injuries in section * * * [5905].
S e c . 5924. [Repealed by chapter 226, acts o f 1917.]
S e c . 5925 (as amended by chapter 226* acts o f 1917).
At any Judgm ents
time before final payment o f compensation has been made under for lump sum.
or pursuant to any award, or agreement o f the parties m odifying
same, the wTorkman may, upon notice to the employer, apply to
the said district court for judgment against the employer for a
lump sum equal to 80 per cent o f the amount o f payments due
and unpaid and prospectively due under said aw a rd; and un
less the proceeding be stayed as hereinafter provided in [this]
section * * * or unless said award be canceled as provided
in section * * * [5923], or the liability thereunder redeemed
as provided in section * * * [5927], the court shall hear all
competent evidence offered, and if satisfied that the workm an’s
application for judgment is made because o f doubt as to the se
curity o f his compensation* shall compute the sum and enter
Judgment accordingly* as if in an action : Provided, That If the
employer shall give a good and sufficient bond* approved by the
228
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.
court, no execution shall issue on such judgment so long as the
employer continues to make payments in accordance w ith the
original award undiminished by the discount.
stay*
In any proceeding upon the application o f a workman for a
judgment against his employer upon an award, as provided in sec
tion * * * [5925], and before judgment has been granted,
the employer may stay the proceedings upon such application by
filing in the office o f the clerk o f the district court wherein the
proceedings are pending: (a ) A certificate o f a licensed or author
ized insurance company, or reciprocal or interinsurer’s exchange
or association that the amount o f the compensation to the w ork
man is insured by it ; or (b ) a proper bond undertaking to secure
the payment o f the compensation. Such certificate or bond shall
first be approved by the judge o f the said district court.
Sec. 5926. [Repealed by chapter 226, acts o f 1917.]
L u m p -s u m
Sec. 5927 (as amended by chapter 226, acts o f 1917). W here
payments after payments under an award have been made fo r not less than six
six months.
months, the liability under such award may be redeemed by the
employer at his option by the payment to the workman o f a lump
sum equal to 80 per cent o f the amount o f payments due and un
paid and prospectively due under the award, such amount to be
determined by agreement, or, in default thereof, upon application
o f either party, upon notice to the other party by the judge o f the
district court having jurisdiction. Upon paying such amount, the
employer shall be discharged o f and from all further liability
under said award.
Insurer’s
Sec. 5928. W here the payment o f compensation to the workman
duttast S and *s insure(^» 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 o f the employer, so far as appropriate.
Sec. 5929. All references hereinbefore to a district court o f
Courts.
the State o f Kansas having jurisdiction o f a civil action between
the parties shall be construed as relating to the then existing
code o f civil procedure. Such court shall make all rules necessary
and appropriate to carry out the provisions o f this act.
L e g a l enSec. 5930 (as amended by chapter 226, acts o f 1917). A w orkforcement.
man’s right to compensation under this act may, in default o f
agreement or if the employer shall have refused to consent to an
arbitration o f "the workm an’s claim for compensation, be deter
mined and enforced by action in any court o f competent jurisdic
tion, but no such action shall be maintained until and unless the
workman shall have consented to an arbitration or applied to the
court as hereinbefore provided for an arbitrator. In every suck
action the right to trial by ju ry shall be deemed waived and the
case tried by the court without a jury, unless either party shall
within ten days after issues are joined demand a ju ry trial. The
judgment in the action, if in favor o f the plaintiff, shall be for a
lump sum equal to the amount o f the payments then due under
this act, with interest on the payments overdue, or, in the dis
cretion o f the trial judge, for periodical payments, as in an
aw a rd: Provided, In no case shall a lump-sum judgment be ren
dered for any injury not ascertainable by objective examination,
but in such cases the court may order periodical payments during
incapacity o f such sums as may be due under the provisions o f
section * * * [5906] and such judgment may be reviewed at
any time after the expiration o f six months upon the application
o f either party and the amount allowed by the court reduced or
raised in accordance with the evidence introduced at the time o f
such review* W here death results from injury, the action shall be
brought by the dependent or the dependents entitled to the compen
sation or by the legal representative o f the deceased for the benefit
o f the dependents as herein defined; and in such action the judg
ment may provide for the proportion o f the compensation to be dis
tributed to or between the several dependents; otherwise such
proportion shall be determined by the proper probate court. An
action to set aside a release or other discharge o f liability on the
ground o f fraud or mental incompetency may be joined w ith an
TEXT OE COMPENSATION LAW S— KANSAS.
229
action for compensation under this act. No action or proceeding
provided for in this act shall be brought or maintained outside o f
the State o f Kansas, and notice thereof may be given by publica
tion against nonresidents o f the State in the manner now provided
by article 6 o f chapter 93, General Statutes o f Kansas o f 1915, so
fa r as the same may be applicable, and by service o f a true copy
o f the first publication within twenty-one days after the date o f
the said first publication unless excused by the court upon proper
showing that such service can not be made.
S e c . 5 9 3 1 (as amended by chapter 2 2 6 , acts o f 1 9 1 7 ) . The
* ccause o f action shall be deemed in every case, including a case crue* w!lelt*
where death results from the injury, to have accrued to the in
jured workman or his dependents or legal representatives' at the
time o f the acciden t; and the time limit in which to commence an
action for compensation therefor shall run as against him, his
legal representatives and dependents from the date o f the acci
dent.
S e c . 5932 ( a s am e n d e d b y c h a p te r 226, a c ts o f 1917). itfo c la im
A t to r n e y #
o f a n y a tto r n e y a t la w f o r se rv ic e s re n d e re d in or ab o u t s e c u r in g fees,
a n y c o m p e n sa tio n or a g re e m e n t, a w a r d or ju d g m e n t f o r com p e n
s a tio n sh a ll be a n e n fo r c e a b le lie n th e re o n u n le ss th e se rv ic e s w e r e
re n d e r e d p u r su a n t to a n d u n d e r th e te r m s o f a w r itt e n c o n tr a c t
b e tw e e n su c h a tto r n e y a t la w a n d th e w o r k m a n o r th e g u a r d ia n o f
th e w o rk m a n , i f th e la tte r b e a m in o r or in c o m p e te n t, n o r u n le s s
su c h w r itte n c o n tr a c t b e a p p ro v e d in w r itin g b y th e ju d g e o f th e
c o u rt w h e re th e a c tio n b ro u g h t b y th e w o r k m a n be trie d , or, i f
n o t r ia l is h a d , th e n b y th e ju d g e o f th e d is t r ic t c o u rt in th e c o u n ty w h e re th e w o r k m a n re sid e d a t th e tim e o f th e in ju r y , to
w h ic h ju d g e th e m a tte r m a y b e r e g u la r ly su b m itte d on d u e n o tic e
to th e p a r ty or p a r tie s in in te r e st o f su ch su b m issio n .
S e c . 5 9 3 3 . I f the superintendent o f insurance by and with the
Certified
advice and written approval o f the attorney general certifies that schemes,
any scheme o f compensation, benefit or insurance for the workman
o f an employer in any employment to which this act applies,
whether or not such scheme includes other employers and their
workmen, provides scales o f compensation not less favorable to
the workmen and their dependents than the corresponding scales
contained in this act, and that, where the scheme provides fo r
contributions by the workman, the scheme confers benefits at least
equivalent to those contributions, in addition to the benefits to
which the workmen would have been entitled under this act or
their equivalents, the employer may, while the certificate is in
force, contract with any o f his workmen that the provisions o f the
scheme shall be substituted for the provisions o f this a c t; and
thereupon the employer shall be liable only in accordance with
that schem e; but, save as aforesaid, this act shall not apply not
withstanding any contract to the contrary made after this act be
comes a law.
S e c . 5 9 3 4 . N o sc h e m e sh a ll b e so c e rtified w h ic h d oe s n o t c o n ta in
Provisions to
su ita b le p r o v isio n s f o r th e e q u ita b le d istr ib u tio n o f a n y m o n e y s or
equitable,
se c u r itie s h e ld f o r th e p u r p o se o f th e sch e m e , a f t e r d u e p ro v isio n
h a s b een m a d e to d isc h a rg e th e lia b ilitie s a lr e a d y accru e d , i f an d
w h e n su c h c e rtific a te is re v o k e d o r th e sc h e m e o th e rw is e te r
m in a te d .
S e c . 5 9 3 5 . I f a t a n y tim e th e sc h e m e no lo n g e r fu lfills th e r e C e rtific a te
q u ir e m e n ts o f th is a r tic le , o r is n o t f a ir ly a d m in is te r e d , or o th e r m J ^
re“
v a lid an d su b s ta n tia l re a so n s th e r e fo r e x is t, th e su p e rin te n d e n t o f voked*
in su ra n c e b y an d w ith th e a tto r n e y g e n e r a l sh a ll re v o k e th e ce r
tifica te an d th e sc h e m e sh a ll th e re b y be te rm in a te d .
Sec. 5936. W here a certified scheme is in effect the employer
Reports,
shall answer all such inquiries and furnish all such accounts in
regard thereto as may be required by the superintendent.
Sec. 5937. The superintendent o f insurance may make all rules
Rules,
and regulations necessary to carry out the purposes o f the fou r
preceding sections.
Sec. 5938 (as amended by chapter 226, acts o f 1917). Every emElection by
ployer entitled to come within the provisions o f this act, as d e -employers •
230
w o r k m e n ’s
c o m p e n s a t io n
l e g is l a t io n .
fined and provided by this act, shall be presumed to have done so,
except such employer privileged to elect to come within the pro
visions o f this act, as provided in section * * * [5900] and
section 5902 o f the General Statutes of 1915, unless such employer
shall file with the secretary o f state at Topeka, Kansas, a written
statement that he elects not to accept thereunder, and thereafter
any such employer desiring to change his election shall only do so
by filing a written declaration thereof with the secretary o f state.
Notice o f such election shall be forthw ith posted by such em
ployer in conspicuous places in and about his place of business.
S e c . 5 9 3 9 ( a s amended by chapter 2 2 6 , acts o f 1 9 1 7 ) . Every em
B y employees.
ployee entitled to come within the provisions o f this act shall be
presumed to have done so unless such employee shall file with
the secretary o f state, before injury, a written declaration that
he elects not to accept thereunder and at the #same time file a
duplicate o f said election with his employer, and thereafter any
such employee desiring to change his election shall only do so by
filing a written declaration thereof with the secretary o f state,
and a duplicate o f same with his employer. Any contract wherein
an employer requires o f an employee as a condition o f employ
ment that he shall elect not to come within the provisions o f this
act shall be void.
Sec. 5940 (as amended by chapter 226, acts o f 1917). In any
A b ro g a tio n
of defenses.
action to recover damages for a personal injury sustained within
this State by an employee (entitled to come within the provisions
o f this .act) while engaged in the line o f his duty as such or for
death resulting from personal injury so sustained, in which re
covery is sought upon the ground o f want o f due care o f the em
ployer, or o f any officer, agent or servant o f 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 o f this a ct: (a ) That the employee either expressly
or impliedly assumed the risk o f the hazard complained of. (b )
That the injury or death was caused in whole or in part by the
want o f due care o f a fellow servant, (c ) That such employee
was guilty o f contributory negligence.
Sec. 5941 (as amended by chapter 226, acts o f 1917). In an
Defenses al
lowed, when.
action to recover damages for a personal injury sustained within
this State by an employee (entitled to come within the provisions
o f this act) while engaged in the line o f his duty as such, or for
death resulting from personal injury so sustained in which re
covery is sought upon the ground of want o f due care o f the em
ployer or o f any officer* agent or servant o f the employer, and
where such employer at the time o f the injury is operating under
the provisions o f this act and has not filed his election not to
accept thereunder, it shall be a defense for such employer in all
cases where said employee has elected not to come within the
provisions o f this a c t: (a ) that the employee either expressly or
impliedly assumed the risk o f the hazard complained o f ; (b )
that the injury or death w as caused in whole or in part by the
want o f due care o f the fellow servant; (c ) that said employee
was guilty o f contributory negligence: Provided, how ever, That
none o f these defenses shall be available where the injury was
caused by the w illful negligence o f such employer or o f any
managing officer* or o f managing agent o f said employer.
Construction
Sec. 5942. Nothing in this act shall be construed to amend or
of statute.
repeal section 6999 o f the General Statutes o f Kansas o f 1909 or
house bill No. 240 o f the session o f 1911, the same being “ An act
relating to the liability o f common carriers by railroads to their
employees in certain cases* and repealing all aets and parts o f
acts so far as the same are in conflict herewith.”
KENTUCKY.
ACTS OF 1918.
C hapter 176.— Compensation o f w orkm en fo r injuries,
[This act amends the compensation law o f the State (ch. 33,
acts o f 1916) by substituting three for five in the first line o f
section 1 , thus making the law applicable to employers o f three
or more employees, instead o f only to those employing five or
more persons.
Section 7 is amended by substituting, the words “ seven days ”
for the words “ two weeks ” where they occur, thus reducing the
waiting time by on e-h a lf; but this provision is not to be in effect
until August 1, 1918.
Sections 16 and 17 are likewise amended by substituting the
words “ seven days ” fo r the w ords “ two weeks ” where they
occur.
Section 45 is amended to read as fo llo w s :]
S e c . 45. The place o f residence o f each member shall be shown
upon the official stationery used by the said board.
231
LOUISIANA.
ACTS OF 1918.
No. 37.— W orkm en’s compensation insurance— Committee o f legis
lature.
A committee o f five, tw o from the senate and three from the f commutee?*
house o f representatives, shall be appointed by the presiding offi
cer o f each house, respectively, fo r the purpose o f investigating
and taking into consideration the establishment o f an industrial
insurance commission or some similar commission fo r the purpose
o f providing for the insurance o f employees under the workm an’s
compensation act and other insurance o f a like ch a ra cter; also to
consider the advisability o f the State carrying the insurance on
all public buildings in the State o f Louisiana and report its find
ings to the next general assembly.
Said committee shall investigate the laws o f other States and Duties,
the workings o f all such departments, showing a saving, if any,
to employers as well as employees, and shall have fu ll authority
to conduct these investigations in any w ay that it sees proper
and report its findings fully as provided for herein.
No. 38.— Compensation o f workmen fo r injuries.
[This act amends various sections o f the State compensation
act, Io. 20, acts o f 1914.
Section 2 is amended by substituting the w ord “ employee ” fo r
the w ord “ workman ” where it occurs.
Sections 3, 4, and 5 are amended so as to read as fo llo w s :]
S e c . 3. This act, except sections 4 and 5, relating to defenses, yi^ ^ c^ n pro“
shall not apply to any employer or employee engaged in any
trade, business, or occupation specified in paragraph 2 o f section 1 ,
or in any that may be determined to be hazardous under the op
eration o f paragraph 3 o f section 1, unless prior to the injury
they shall have so elected by agreement, either express or im
plied, as hereinafter provided. Such an agreement shall be a sur
render by the parties thereto o f their rights as against each
other to any method, form , or amount o f compensation, or dam
ages, or determination thereof other than as provided in this act,
and shall bind the employee himself, his widow, and relatives,
personal representatives, heirs, and dependents as hereinafter de
fined, as well as the employer and those conducting his business
during bankruptcy and insolvency.
2. Every contract o f hiring, verbal, written, or implied, between ag ^ SeSsting
employer and any employee engaged in any trade, business, or contracts;
occupation specified in paragraph 2 o f section 1 , or engaged in
any trade, business, or occupation that may be determined to
be hazardous under the operation o f paragraph 3 o f section 1 ,
now in operation or made or implied prior to the time fixed fo r
this act to take effect shall after this act takes effect be pre
sumed to continue subject to the provisions o f this act, and it
shall be presumed that the parties have elected to be subject to
the provisions o f this act and to be bound thereby unless such
election be terminated as hereinafter provided.
3. Every contract o f hiring, verbal, written, or implied, be- ^ N e w c o n tween an employer or any employee engaged in any trade, busi- v a *
ness, or occupation specified in paragraph 2 o f section 1 , or en
gaged in any trade, business, or occupation that may be deter
mined to be hazardous under the operation o f paragraph 3 o f
section 1 , made subsequent to the time provided for this act to
take effect, shall be presumed to have been made subject to the
provisions o f this act, unless there be as a part o f said contract
233
234
w o r k m e n ’s
COMPENSATION LEGISLATION.
an express statement in writing either in the contract itself or
by written notice by either party to the other, that the provisions
o f this act other than sections 4 and 5 are not intended to apply,
and it shall be presumed that the parties have elected to be sub
ject to the provisions of this act and to be bound thereby, unless
such election be terminated as hereinafter provided.
4.
Any agreement or election, either express or implied, or p
of agree
. sume(j un(j er the provisions o f paragraph 2 or paragraph 3 o f this
section, between lan employer and any employee engaged in any
trade, business, or occupation specified in paragraph 2 o f section 1 ,
or engaged in any trade, business, or occupation that may be de
termined to be hazardous under the operation o f paragraph 3
o f section 1 , for the operation o f the provisions of this act, may
be terminated by either party to the contract o f hiring, giving
written notice not less than thirty days prior to the accident to
the other party o f such contract that the provisions o f this act
other than sections 4 and 5 shall no longer apply.
W aiver o f
5 V Either an employee who has given notice to his employer in
election.
writing as aforesaid or an employer who had given notice to his
employee in w riting as aforesaid that he elects not to be sub
ject to the provisions o f this act, may waive? such election by a
notice in w riting which shall take effect immediately.
Minors.
6 . Any employee o f the age o f eighteen and upwards engaged
in any trade, business, or occupation specified in paragraph 2 of
section 1 , or engaged in any trade, business, or occupation that
may be determined to be hazardous under the operation o f para
graph 3 o f section 1, shall himself exercise the right o f election
or termination or waiver authorized by this section. Such right
o f election or termination or w aiver shall be exercised on behalf,
o f any employee under the age o f eighteen by either his father,
mother, or tutor, or if neither o f these can readily be gotten to
act, then by the cou rt: Provided, That this act shall not apply
to employees o f less than the minimum age prescribed by law fo r
the employment o f minors in the trades, businesses, or occupa
tions specified in paragraph 2 o f section 1 , or that may be de
termined to be hazardous under the operation o f paragraph 3 o f
section 1 .
N o t i c e to
7. W here notice is to be served upon one w ho is under the age
parents,
etc., Qf eighteen years, said notice must be served upon either the
w
father, mother, or tutor of the said individual under the age o f
eighteen years.
A b rogation
S e c . 4. I f an employee has elected as aforesaid to come under
of defenses,
this act and M s employer has elected as aforesaid not to come
under this act, then if an action is brought by the employee or
his dependents to recover fo r personal injury sustained by the
employee and arising out o f and in the course o f his employment,
after such election by the employer, it shall not be a defense:
(a )
That the employee assumed the risks inherent to or inci
dental to or arising out o f his employment, or the risks arising
from the failure o f the employer to provide and maintain a rea
sonably safe place to work or arising from the failure o f the em
ployer to furnish reasonably safe tools and appliances, or that
.the employer exercised reasonable care in selecting reasonably
competent employees in the .rade, business, or occupation.
(&) That the injury was caused by the negligence o f a fellow
employee.
(•c) That the employee was negligent.
Presumption and ^ shall be presumed that the injury to the employee was the
a s t o negli- direct result and arose out o f the negligence o f the employer, and
gence.
. that such negligence was the proximate cause o f the injury ; and
in such case the burden o f proof shall rest upon the employer
to rebut the presumption o f negligence, unless before the injury
such election shall have been waived as provided in paragraph 5
o f section 3.
a
f a b ! e .S ec* 5* I f an.
has elected as aforesaid to come under
when.
this act and his employee has elected as aforesaid not to come
under this act, then if an action is brought by the employee or
TEXT OF COMPENSATION LAW S— LOUISIANA.
235
his dependent to recover damages for personal injury sustained
by the employee and a r s in g out o f and in the course o f his em
ployment, after such election by the employee, the employer shall
have all the defenses which he would have had if this act had
not been enacted, unless before the injury such election shall
have been waived as provided in paragraph 5 o f section 3.
[Sections 6 and 7 are amended by substituting the w ord “ em
ployee ” for the w ord “ workman ” where it o ccu rs; also by in
serting the words “ or his dependent ” after the word “ employee ”
where referred to as claimant or beneficiary.
Section 8 is amended so as to read as fo llo w s :]
S e c . 8 . 1. For injury producing disability compensation shall be Compensation
paid under this act to an injured employee in accordance with £or
the follow ing schedule o f paym ents:
(a )
F or injury producing temporary total disability to do w ork
T em p orary
o f any reasonable character, fifty-five per centum of wages dur- •:tyt.al disabil“
ing the period of disability, not, however, beyond three hundred
weeks.
(&) F or the loss o f both hands, or both feet, or both eyes, or
one hand and one foot, or any injury producing permanent total
disability to do w ork o f any reasonable character, fifty-five per
centum o f wages during the period o f disability, not, however, be
yond four hundred weeks.
(c ) For injury producing partial disability to do work o f any b-^frtial
reasonable character, fifty-five per centum o f difference between a 1 y*
wages at the time o f the injury and wages which the injured
employee is able to earn thereafter during the period o f disa
bility, not, however, beyond three hundred weeks.
( d ) In the follow ing cases the compensation shall be as fol- Schedule,
lo w s :
F or the loss o f a thumb, fifty-five per centum o f wages during
fifty weeks.
For the loss o f a first finger, commonly called the index finger,
fifty-five per centum o f wages during thirty weeks.
For the loss o f any other finger, or a great toe, fifty-five per
centum o f wages during twenty weeks.
For the loss o f any toe other than a great toe, fifty-five per
centum o f wages during ten weeks.
For the loss o f a hand, fifty-five per centum o f wages during
one hundred and fifty weeks.
For the loss o f an arm, fifty-five per centum o f wages during
two hundred weeks.
F or the loss o f a foot, fifty-five per centum o f wages during
one hundred and twenty-five weeks.
For the loss o f a leg, fifty-five per centum o f wages during one
hundred and seventy-five weeks.
For the loss o f an eye, fifty-five per centum o f wages during
one hundred wTeeks.
The loss o f the first phalanx o f a thumb, or o f tw o phalanges
o f any finger, or toe, shall be considered to be equal to the loss
o f one-half o f such member, and the compensation shall be onehalf o f the amount above specified.
The loss o f more than one phalanx o f a thumb or more than
two phalanges o f any finger or toe shall be considered as the loss
o f the entire mem ber: Provided, h ow ever, 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, or the amount
received for the loss o f more than one toe exceed the amount
provided in this schedule for the loss o f a foot.
Amputation between the elbow and the wrist shall be consid
ered as the equivalent o f the loss o f a hand, and amputation
between the knee and the ankle shall be equivalent to the loss o f
a foot.
(e ) In cases not falling within any o f the provisions already
made, where the employee is seriously permanently disfigured
about the face or head, or where the usefulness o f a member o r
any physical function is seriously permanently impaired, the
236
Death.
w o r k m e n ’s
c o m p e n s a t io n
l e g is l a t io n .
court may allow such compensation as is reasonable in propor
tion to the compensation hereinabove specifically provided in the
cases o f specific disabilities above named, not to exceed fifty-five
per centum o f wages during one hundred w^eeks.
2.
F or injury causing death within one year after the ac
cident weekly compensation shall be paid under this act for a
period o f three hundred weeks to the follow ing person s:
(a )
I f w idow or widow er alone, and no children, then to such
w idow or w idow er twenty-five per centum o f wages.
(&) I f widow or w idow er and one child, then to such w idow
or widow er and child for their join t benefit, forty per centum
o f wages.
(c ) I f widow or w idow er and two or more children, then to
such widow or w idower and children for their join t benefit, fiftyfive per centum o f wages.
(d ) I f one child alone and no widow or widowTer, then to such
child twenty-five per centum o f wages.
( e ) I f two children and no widow or widower, then to such
children forty per centum o f wages.
( / ) I f three or more children and no w idow or widower, then
to such children fifty-five per centum o f wages.
( g ) I f there be neither widow or w idower nor child, then to
the father or mother o f the deceased employee if actually de
pendent on the deceased employee to any extent fo r support at
the time o f the injury and death, twenty-five per centum o f
w ages; if in such event both the father and the mother o f the
deceased survive and were actually dependent on the deceased
employee to any extent for support at the time o f the injury and
death, fifty-five per centum o f wages for their joint benefit.
( h ) I f there be neither widow or w idower nor children nor
dependent parent surviving the deceased employee entitled to
compensation, then to the brothers and sisters and other mem
bers o f the fam ily o f the deceased employee not hereinabove speci
fically provided for, if such brother or sister or other member o f
the fam ily not otherwise specifically provided for was actually
dependent on the deceased employee for support to any extent
at the time o f the injury and death, twenty-five per centum o f
wages for one brother or sister or other dependent member o f
the fam ily not otherwise provided for, and ten per centum addi
tional for each additional brother or sister or other dependent
member o f the fam ily not otherwise provided for, subject to a
maximum o f fifty-five per centum o f wages.
(i) Whenever under this schedule compensation is due to sev
eral persons in the same class, it shall be equally divided among
th e m ; and where the aggregate o f such compensation would ex
ceed fifty-five per centum o f wages were the maximum limit not
imposed, the compensation due each individual shall be abated
proportionately so as to bring the total compensation within the
limit.
( j ) W here there is a surviving w idow or w idow er and a child
or children entitled to compensation, the compensation above de
scribed shall be paid entirely to the w idow or w idow er fo r the
common benefit o f such w idow or widower and the child or chil
dren, and the appointment o f a tutor shall not be necessary.
W here there is no surviving parent, payment shall be made to
the duly appointed tutor.
(k ) Compensation shall be payable under this schedule to or
on aecount o f any child or brother or sister or other dependent
member o f the fam ily not otherwise specifically provided for, only
i f and while such child, brother, sister, or other dependent
member o f the fam ily not otherwise specifically provided for, is
under the age o f eighteen years, unless such child, brother, sister,
or other dependent member o f the fam ily is mentally or physi
cally incapacitated from earning a living.
(?) No compensation shall be payable under this schedule to
a w idow unless she be living with her deceased husband at the
time o f injury and death, or be then actually dependent upon
TEXT OP COMPENSATION LAWS— LOUISIANA.
237
him fo r support. No compensation shall be payable under this
schedule to a w idower unless he be living with his deceased w ife
at the time o f injury and death or be at such time incapable o f
self-support and actually dependent upon her for support.
(m ) The terms “ child ” and “ children ” shall cover only
legitimate children or acknowledged illegitimate children, but
shall include stepchildren, posthumous children and adopted
children. The terms “ brother ” and “ sister ” shall include step
brothers and stepsisters, and brothers and sisters by adoption.
(n ) In all cases provided for in this schedule the relation o f
dependency must fcxist at the time o f the injury and at the time
o f the death.
(o )
Should any dependent o f a deceased employee die, or
Pay me n t s
should the w idow or w idow er remarry, or should the w idow er cease» wnen.
become capable o f self-support, or should any dependent not
physically or mentally incapacitated from earning a living pass
beyond the age o f eighteen years, the payments o f the portion o f
the compensation theretofore due such dependent or w idow or
w idow er shall cease. I f the compensation payable under this
schedule to any person shall, fo r any cause, cease, the compen
sation to the remaining persons entitled hereunder shall there
after be the same for the unexpired part o f the period during
which their compensation is payable as would have been payable
to them had they been the only persons entitled to compensation
at the time o f the death o f the deceased employee.
( p ) When weekly payments have been made to an employee
before his death, the compensation fo r dependents as provided
for in this schedule shall begin on the date o f the last o f such
payments, and shall not continue for more than three hundred
weeks from the date o f injury.
3. The term “ wages ” as used in this act is defined to mean wages,
the daily rate o f pay at which the service rendered by the injured
employee is recompensed under the contract o f hiring in force at
the time o f the injury, and anything herein contained to the con
trary notwithstanding, the maximum compensation to be paid
under this act shall be sixteen dollars per w^eek and the mini
mum compensation shall be three dollars per w eek: Provided,
That if at the time o f the injury the employee was receiving
wages at the rate o f three dollars or less per week, then the
compensation shall be full wages.
4. No compensation shall be paid for the first week after the
W aiting
injury is received, nor in any case unless the employer is notified time,
thereof within the period specified in section 11: Provided, how
ever, That in cases where disability from injury continues for six
weeks or longer after the injury is received, then after six
weeks have elapsed compensation for the first week shall be
paid.
5. The employer shall in every case furnish the employee reaMedical etc.
sonable medical, surgical, and hospital service and medicines not aid.
* **
to exceed one hundred and fifty dollars in value, unless the em
ployee refuses to allow them to be furnished by the employer,
and in every case o f death, the employer shall pay or cause to be
paid the reasonable expenses o f the burial o f the employee, not Burial.
exceeding one hundred dollars.
6 . Any voluntary payments made by the employer or his inv o lu n t a r y
surer to the injured employee, during the period o f his disability, payments.
or to his dependents, which, by the terms o f this act, were not
due and payable when paid, may, subject to the approval o f the
court, be deducted from the amount to be paid as compensation:
Provided, That in case o f disability, such deduction shall be made
by shortening the period during which compensation shall be
paid, and not by reducing the amount o f the weekly payments.
7. Payments o f compensation under this act shall be paid as
Time, e t c . ,
near as may be at the same times and places as wages were pay- of payments,
able to the injured employee before the a cciden t; but a longer
interval may be substituted by agreement, w ith the approval o f
the court.
238
W O BKM ESf’ s COMPENSATION LEGISLATION.
8 . The amounts payable as compensation may be commuted
to a lump-sum settlement at any time by agreement o f the parties
i f approved by the court as solely and clearly in the interest o f
the employee or his dependent: Provided, That in making such
lump-sum settlement the payments due the employee or his de
pendent under this act shall not be discounted at a rate greater
than six per centum per annum. I f such lump-sum settlement be
made without the approval o f the court, or at a discount greater
than six per centum per annum even if approved by the court*
the employee or his dependents shall be at all times entitled to
demand and receive from the employer such additional payments
as may be due under this act, but upon the payment of such
lump-sum settlement, discounted at not more than six per centum
per annum and with the approval o f the court, the liability under
this act o f the employer making such payment shall be fully
satisfied.
[Sections 9 and 10 are amended by substituting the word
w employee ” for the word “ workman ” where it o ccu rs; section
9 also by referring disputes simply to a court, without limitation.
Sections 12 and 13 are amended so as to read as fo llo w s : ]
Statement to
S e c . 12. 1. It shall be the duty o f the employer to cause to have
be posted.
printed and to keep posted at some convenient and conspicuous
point about the place o f business a notice reading substantially
as follow s: “ In case o f accidental injury or death the injured
employee or some person claiming to be entitled to compensation
or some one acting in behalf o f the injured employee or person
claiming to be entitled to compensation must give notice to (here
shall follow the name and address o f the party) within six
months, and unless notice be given to the above party within six
months, no payments w ill be made under the law for such injury
or death.” In the event o f the failure o f the employer to keep
posted said notice, the time in which notice o f the injury shall
be given as provided in section 1 1 shall be extended to twelve
months from the date o f injury.
Form of no
S e c . 13. The notice provided for in section 11 shall be made
tice.
in writing and shall contain the name and address o f the em
ployee, and shall state in ordinary language the time, place,
nature and cause o f the injury, and shall be signed by the person
giving or making same. The notice may include the claim.
[Section 14 is changed slightly in language, but without affect
ing its meaning.
Section 16 is amended by substituting the w ord “ employee ”
for the w ord “ workm an ” in th£ first line.
Section 17 is amended by striking out the remainder o f the
second sentence after the w ord “ court ” where it first o c cu rs; also
by inserting the words “ or his dependent ” after the word “ em
ployee ” where it occurs.
Section 20 is amended so as to read as fo llo w s :]
S e c . 20. 1. A judgment o f compensation may be modified at any
Modification
of awards.
time by subsequent agreement between employer and, employee or
his dependent, with the approval o f the judge o f the court that
rendered the judgment sought to be modified, or any time after
one year after said judgment o f compensation shall have become
operative, it may be reviewed by the judge o f the court that ren
dered the judgment sought to be modified upon the application o f
either employer or employee, on the ground that the incapacity
o f the injured employee has subsequently diminished or increased,
such increase growing directly out o f the injury for which com
pensation has been allowed. In such case the provisions o f para
graphs 1 and 3 o f section 9 with reference to m edical examination
shall apply.
B u rd en o f
[Section 27 is amended so as to require all premiums for bene
payment.
fits referred to therein to be paid by the employer alone.
Section 33 is amended so as to read as fo llo w s :]
F a i l u r e to
S e c . 33. 1. In th e e v e n t th e e m p lo y e r a g a in s t w h o m th e re h a s
Lump sums.
pay
in s ta ll
been re n d e re d a ju d g m e n t o f c o u r t a w a r d in g c o m p e n sa tio n in
ments.
f a v o r o f a n y e m p lo y e e or h is d e p e n d e n t sh o u ld b e co m e in s o lv e n t
o r f a i l to p a y s ix su c c e ssiv e in s ta llm e n ts a s th e y b e co m e d u e , th e
TEXT OF COMPENSATION LAWS---- LOUISIANA.
installments not yet payable under said judgment shall immedi
ately become due and exigible and the judgment shall become ex
ecutory fo r the whole am ount: Provided, That if the employee or
his dependent is adequately protected by insurance and receives
payments thereunder this right shall not accrue.
[Section 34 is amended by inserting the words “ or his depend
ent ” after the word “ employee ” where it first occurs.
Sections 38 and 39 are consolidated as section 38, and a new
section 39 is added, as fo llo w s :]
-S e c . 38. 1. The word “ accident,” as used in this act shall, unless
a different meaning is clearly indicated by the context, be con
strued to mean an unexpected or unforeseen event happening
suddenly or violently, with or without human fault, and produc
ing at the time objective symptoms o f an injury. The terms
“ injury ” and “ personal injuries ” shall include only injuries by
violence to the physical structure o f the body and such diseases or
infections as naturally result therefrom. The said terms shall
in no case be construed to include any other form o f disease or
derangement, howsoever caused or contracted.
S e c . 39. The wrord “ dependent ” as used in this act shall,
unless a different meaning is clearly indicated by the context, be
construed to mean the person or persons to whom under the
provisions o f section 8 compensation shall be paid upon the death
o f the injured employee. The w ord “ court ” as used in section
37 o f this act means the criminal court having jurisdiction o f
the person making the false statement or representation, but
wherever else used in this act, the word “ court ” shall be con
strued to mean the court which shall have jurisdiction over the
employer in a civil case involving more than one hundred dol
lars, unless said court shall not have jurisdiction on account o f
the amount involved, in which event it shall mean the court hav
ing jurisdiction, or where there is more than one judge of said
court, then either or any o f said judges o f said court.
Approved, June 27, 1918.
239
Definitions,
Samt,
No. 39.— W orkm en’s compensation and em ployers9 liability insurance— Paym ent of premiums.
S e c t i o n 1. It shall be unlawful for any employer, either perDeduction*
son, firm, association, or corporation, or his or its agent or r e p -from wages,
resentative, to collect from any o f its employees directly or indi
rectly either by way o f deduction from such employee’s wages,
salary, or compensation or otherwise any amount whatever, or
to demand, request, or accept any amount from any employee,
either for the purpose o f paying the premium in -w h ole or in
part on any liability or compensation insurance o f any kind what
ever on behalf o f any employee or to reimburse such employer in
whole or in part for any such premium or for th e premium on
any insurance against any liability whatever to any employee or
for the purpose o f the employer carrying any such insurance for
the employer’s own account, or to demand or request of any em
ployee that such employee make any payment or contribution
for any such purpose to any other person, firm, association, or
corporation : Provided, That nothing herein shall be construed
to prevent any employer from carrying his or its own insurance
toward his or its own em ployees: And provided, That nothing
herein shall apply to an employer qualified under the laws o f this
State to engage in the liability insurance business.
S e c . 2. Any person, firm, or corporation violating any proPenalty*
vision of this act shall be guilty o f a misdemeanor, and on
conviction shall be punished by fine not exceeding five hundred
($500) dollars, or by imprisonment in the parish prison or ja il not
exceeding a year, or by both such fine and imprisonment, at the
discretion o f the court.
Approved, June 27, 1918.
MAINE.
C h a p te r
230.— Compensation of workmen fo r injuries— Public
em ployees.
S e c t i o n 1 . All persons employed by the State or under the p i^ Uy e e gC
direction and control o f any department o f the State shall be eluded,
entitled to the benefits o f chapter fifty o f the Revised Statutes.
The governor and council shall order such compensation as shall
be assessed, paid from the State contingent fund.
Approved April 7, 1917.
C hapter
in
241.— Compensation o f workmen fo r injuries.
[This act amends section 6 o f the compensation law o f the
State (ch. 295, acts o f 1915) by adding to Paragraph IV the fol
low ing :]
Any town or city may, in lieu o f the compensation and insurance provided by *this act, continue any member o f the fire department in said town, who may have been injured in the course
o f his duties, on the pay roll at full pay, if such full pay exceeds
the maximum compensation provided fo r employees under this
act.
45615°— Bull. 243—18------ 16
®u^ st i t ut e
v ons*
241
MASSACHUSETTS.
Compensation o f workm en fo r injuries.
[The compensation law o f tlie State (ch. 751, acts o f 1911) Is
amended in various sections by acts o f 1917.
Section 5 o f Part II is amended by chapter 198 so as to read as
fo llo w s :]
Section 5. During the first tw o weeks after the injury, and, if .Medical, etc.,
the employee is not immediately incapacitated thereby from earning aid*
full wages, then from the time o f such incapacity, and in unusual
cases, In tli^ discretion o f the board, for a longer period, the asso
ciation shall furnish adequate and reasonable medical and hos
pital services, and medicines, when they are needed. The em
ployee shall have the right to select a physician other than the C h o i c e of
one provided by the ‘association, and in case he shall be treated pyslcian*
by a physician o f his own selection, or, where, in case o f emer
gency or for other justifiable cause, a physician other than the
one provided by the association is called in to treat the injured
employee, the reasonable cost o f his services shall be paid by the
association, subject to the approval o f the industrial accident
board. Such approval shall be granted only i f the board 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 charges rea
sonable.
[Section 8 o f Part II is amended by chapter 269 so as to read
as fo llo w s :]
Sec. 8 . In all cases the association shall pay the reasonable ex- B u r ia l e x
pense o f burial which shall not exceed one hundred dollars. I f Penses*
the employee leaves dependents, such sum shall be a part o f the
compensation payable, and shall to that extent diminish the
period o f payment.
* [Section 9 o f Part I I is amended by chapter 249, acts o f 191.7,
by changing the maximum weekly payment for total disability
from $10 to $14 per week, and by chapter 113, acts o f 1918, by
changing the minimum from $4 to $5.
Section 1 o f Part II I is affected by the provisions o f section 1
o f chapter 297, which reads as fo llo w s :]
Sec. 1. The industrial accident board* established by section I n d u s t r ia l
one o f Part I I I o f chapter seven hundred and fifty-one o f the acts acci<lent board,
o f the year nineteen hundred and eleven, as amended by section six
o f chapter five hundred and seventy-one o f the acts o f the year
nineteen hundred and twelve, shall hereafter consist o f seven
instead o f five members. The term o f office o f the two additional
.members shall be five years, except that when first appointed one
shall be appointed for a term o f five years and one for a term o f
three years. The chairman o f the said board shall, from time
to time, designate five members to serve as a reviewing board,
and three members shall constitute a quorum to decide all mat
ters which are required to be heard by the board.
[This chapter also amends other sections o f Part III. Section
5 is amended so as to read as fo llo w s :]
Sec. 5. I f the association and the injured employee fail to reach Adjustm ent
an agreement in regard to compensation under this act, or i f of d is a g r e e they have reached such an agreement, which has been signed and men s*
filed in accordance with the provisions o f this act, and compensa
tion has been paid or is due in accordance therewith and the
parties thereto then disagree as to the continuance o f any weekly
243
244
Hearings.
Review
awards.
Fees.
Costs.
Claim.
w o r k m e n ’s
c o m p e n s a t io n
l e g is l a t io n .
payments under such agreement, either party may notify the
industrial accident board which shall thereupon assign the case
for hearing by a member o f the board.
[Section 6 is repealed.
Section 7 is amended so as to read as fo llo w s :]
Sec. 7. The member o f the board shall make such inquiries and
investigations as shall be deemed necessary. The hearing shall
be held in the city or town where the accident occurred, or in
such other place as the board may designate; and the decision o f
the member, together with a statement o f the evidence, his findings
o f fact, rulings o f law, and any other matters pertinent to ques
tions arising before him shall be filed w ith the industrial accident
board. Unless a claim for review is filed by either party within
seven days, the decision shall be enforceable under provisions of
section eleven o f Part III.
[Section 9 is repealed.
Section 10 is amended by striking out the w ord u committee ”
where it occurs, and substituting therefor the word “ member.”
Section 11 is amended by striking out the w ords “ ail arbitra
tion committee ” where they appear, and substituting therefor the
w ords “ a member.”
Sections 12, 13 and 14 are apaended so as to read as fo llo w s :]
Sec. 12. Any weekly payment under this act may be reviewed
by the industrial accident board or any member thereof, and on
such review the board or member may, in accordance with the
evidence and subject to the provisions o f this act, issue any order
which may be deemed advisable. I f the case is heard and decided
by a member, his decision shall be subject to review as provided
by sections seven and ten o f Part III, and the general provisions
o f the act.
Sec. 13. Fees o f attorneys and physicians and charges o f hospi
tals for services under this act shall be subject to the approval
o f the industrial accident board. I f the association and any
physician or hospital, or the employee and any attorney, fail to
reach an agreement as to the amount to be p a id 'for such services,
either party may notify the board, which may thereupon assign
the case for hearing by a member o f the board in accordance with
the provisions o f this act, and all proceedings thereunder shall
be in accordance with the provisions o f this act. The member
shall report the facts to the industrial accident board for decision,
and the decision shall be enforceable as provided by Part I I I o f
section eleven.
Sec. 14. I f the industrial accident board, any member thereof,
or any court-before whom any proceedings are brought under this
act determines that such proceedings have been brought, prose
cuted, or defended without reasonable ground, it shall assess the
whole cost o f the proceedings upon the party who has so brought,
prosecuted or defended them.
[Section 23 is amended by chapter 119, acts o f 1918, so as to
read as fo llo w s :]
Sec. 23. The claim for compensation shall be in w riting and
shall state the time, place, cause, and nature o f the in ju ry ; it
shall be signed by the person injured or by a person in his be
half, or, in the event o f his death, by his legal representative or
by a person in his behalf, or by a person to whom payments may
be due under this act or by a person in his behalf, and shall be
filed with the industrial accident board. A claim fo r compensa
tion shall not be held invalid or insufficient by reason o f any
inaccuracy in stating the time, place, cause or nature o f the
injury, unless it is shown that it was the intention to mislead
and that the association wTas in fact misled thereby. The failure
to make a claim within the period prescribed by section fifteen
shall not be a bar to the maintenance o f proceedings under this act
if it is found that it was occasioned by mistake or other reason
able cause.
TEXT OF COMPENSATION LAW S— MASSACHUSETTS.
ACTS OF 1918.
C h a p te r
125.— Em ployees on bridges o f Boston and Cambridge.
[This act is in effect a supplement o f chapter 80T, acts o f 1913,
providing fo r the application o f the compensation law to public
employees, and specifically provides for its application to laborers,
workmen, mechanics, draw tenders, and assistant draw tenders,
employed on the bridges o f Boston and Cambridge.]
C h a p te r
216.— Workm en's compensation insurance.
Section 1. Tw o or more insurance companies authorized to
make such insurance in this Commonwealth may unite in issuing
joint several workmen’s compensation policies, subject to approval
by the insurance commissioner as provided in chapter two hun
dred and eighty-seven o f the general acts o f nineteen hundred
and fifteen, in which case the policies may be headed by the
names o f all the companies assuming the join t and several obli
gations under the contract.
Approved May 21, 1918.
245
MICHIGAN.
Compensation of workmen for injuries.
[P art I o f the compensation law o f the State (act No. 10, first
Act may be
extra session o f 1912) is amended by act No. 249, acts o f 1917, investigated,
by adding thereto a new section, as fo llo w s :]
Section 9. Whenever in the opinion o f the governor the pro
visions o f this act shall be unfair to either employees or em
ployers, he may appoint a commission consisting of three mem
bers, whose duty it shall be to thoroughly investigate the work
ings of this act and report thereon to the governor, such report
to be submitted by him to the legislature at its first regular or
special session held after the receipt of said report. Such report,
in addition to the recommendations thereof, shall contain the text
o f needed changes or amendments to place this act upon a per
fectly fair basis. The members o f said commission shall have P o w e r s ©£
pow er to summon witnesses, administer oaths and compel the commission,
production o f books and papers. They shall each receive compen
sation at the rate o f ten dollars per day, together with actual and
necessary expenses incurred in the performance o f official duties,
such compensation and expenses to be audited and allowed by the
board o f State-auditors and paid out o f the general fund in the
State treasury: Provided, however, Such compensation and ex
penses shall not exceed the sum o f three thousand dollars.
[Section 11 o f Part II is amended by act No. 41, acts o f 1917,
so as to read as fo llo w s :]
Sec. 11. (a ) The term “ average annual earnings” as used in
this act is defined to be fifty-two times the average weekly wages comPuted»
o f the employee as arrived at according to the provisions of this
section.
(b ) The term “ average weekly w a g es” as used in this act is
defined to be six times the daily wage, salary or emolument
which the injured'em ployee 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
th<3 time he suffers the accidental injury, such daily earnings
shall be taken and held to be for all the purposes o f this act
such a sum as having regard to the previous daily earnings o f the
injured employee and o f other employees of the same or most
similar class w oiking 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
receives the accidental injury, in the employment in which he was
working at such time. After the amount o f said daily wage,
salary or emolument shall be determined as in this subsection
provided, said amount shall be multiplied by six, and the product
so obtained shall be for all the purposes o f this act taken and
held to be the a\ erage weekly wages o f such employee.
(d ) The fact that an employee has suffered a previous disa- Second l a
bility or received compensation therefor, shall not preclude c o m -]Uries*
pensation for the later injury or fo r 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 o f the later injury in the
employment in which he was working at such time and shall be
247
248
w o r k m e n ’s
c o m p e n s a t io n
l e g is l a t io n
.
arrived at according to and subject to the provisions o f this sec
tion.
Wage loss.
(e ) The weekly loss in wages referred to in this act shall con
sist o f such percentage o f the average weekly earnings o f the in
jured employee computed according to the provisions o f this sec
tion as shall fairly represent the proportionate extent of the im
pairment o f his earning capacity in the employment in which he
was working at the time o f the accident, the same to be fixed as
o f the time o f the accident, but to be determined in view o f the
nature and extent o f the injury.
[Section 9 o f Part V is amended by chapter 206, so as to read
as fo llo w s :]
Receipts, exgee. 9. The commissioner o f insurance shall issue proper rependitures, etc. cejp^-s f or au m0neys so collected and received from employers, as
aforesaid, and shall take receipts for all sums paid to employees
for compensation under the provisions o f this act, and shall keep
full and complete records o f all business transacted by him in the
administration o f such funds. He may employ such deputies
and assistants and clerical help as may be necessary, and as the
advisory board, hereinafter created, may authorize, fo r the proper
administration o f said funds, and the performance o f the duties
imposed upon him by the provisions o f this act, at such compensa
tion as may be fixed by the advisory board, and may also remove
them. The commissioner o f insurance and such deputies and as
sistants shall be entitled to receive from the State their actual
and necessary expenses while traveling upon the business o f the
accident fund, and all such salaries and expenses as authorized by
the provisions o f this act shall, when audited by the board o f
State auditors, be charged to and paid out o f said accident fund.
H e shall include in his annual report a full and correct statement
o f the administration o f such fund, showing its financial status,
and outstanding obligations, the claims contested and wThy, and
general statistics in respect to all business transacted by him
under the provisions o f this act.
[New sections are also added by the same chapter, as fo llo w s :]
Annual me^tSec. 12. An annual meeting o f the employers contributing to the
lnss.
accident fund, shall be called by the commissioner o f insurance,
to be held in the city o f Lansing, in the month o f September, which
may be attended by the members in person or by an attorney.
Notice o f the annual meeting shall be by ordinary mail, at least
ten days prior to the date o f meeting. At the annual meeting so
A d v i s o r y held there shall be nominated by the members present, five conboard.
tributing members to constitute an advisory board, who, when so
nominated and certified by the governor, shall receive an appoint
ment as such by the governor, to serve for the term o f two years.
In case o f vacancy in the advisory board, a nomination may be
made by the remaining members to the governor, for the purpose
o f filling said vacancy. The advisory board shall elect one o f its
members chairman, and the board shall meet quarterly on the call
o f the chairman, in the city o f Lansing.
Duties of adSec. IB. The advisory board shall advise with the commissioner
Fisory board, o f insurance as to the means and methods o f administering the
affairs o f the said accident fund,, not inconsistent with the provi
sions o f this act. .
[Section 7 o f Part VI is amended by chapter 235, as fo llo w s :]
Sec. 7. To carry out the provisions of this act there is hereby
Appropri ations.
appropriated for the expenses o f the industrial accident board for
the fiscal year ending June thirty, nineteen hundred eighteen, and
annually thereafter, the sum o f seventy thousand dollars. The
auditor general shall add to and incorporate into the State tax,
the sum o f seventy thousand dollars annually, which said sum
shall be included in the State taxes apportioned by the auditor
general on all taxable property o f the State, to be levied, assessed
and collected as other State taxes, and when so assessed and col
lected, to be paid into the general fund to reimburse said fund for
the appropriation made by this act.
MINNESOTA.
Compensation of workmen for injuries.
[Section 13 o f the compensation law o f the State (chapter 467,
acts o f 1913) is amended by chapter 351, acts o f 1917, by substi
tuting sixty for fifty as the percentage o f wages used as a measure
of compensation ;* also by fixing the maximum weekly payment
at $ 1 2 instead o f $1 1 .
Paragraph (e ) is amended so as to read as fo llo w s :]
(e )
The total and permanent loss o f the sight o f both eyes or Total d l a
the loss of both arms at the shoulder, or complete and permanent ability,
paralysis, or total and permanent loss o f mental faculties, or any
other injury which totally incapacitates the employee from work
ing at any occupation which brings him an income, shall consti
tute total disability.
[Paragraph ( e ) l , added by chapter 209, Acts o f 1915, is re
pealed.
Section 17 is amended by chapter 302 by substituting the words
“ first week ” for the w ords “ first two weeks.” ]
1 By what is doubtless an oversight, the percentage was not changed
the case o f the loss o f an arm, the law remaining 50 per cent, as before.
249
in
NEBRASKA.
ACTS OF 1917.
Chapteb 85.— Compensation o f workmen fo r injuries.
[This act amends the compensation law o f the State in a num
ber o f particulars, while other sections of the chapter add new
provisions, though not form ally added to the original act itself.
These provisions relate to administration, the duty o f adminis
tering the law being taken out o f the hands o f the State insurance
commissioner and placed in the hands o f the commissioner o f
labor, who is made compensation commissic aer, and the term
“ compensation commissioner ” is substituted for “ insurance com
missioner,” where it occurs throughout the act.
Section 6 (sec. 3647) is also otherwise amended so as to read as
fo llo w s :]
Section 3647. (1) The provisions o f this act shall apply to the Scope of law.
State o f Nebraska and every governmental agency created by it,
and to every employer in this State employing one or more em
ployees, in the regular trade, business, profession, or vocation o f
such employer. (2) The follow ing are declared not to be hazard
ous occupations and not within the provisions o f this a c t : Employ
ers o f household domestic servants and employers o f farm labor
ers. Railroad companies engaged in interstate or foreign com
merce are declared subject to the powers o f Congress and not
within the provisions o f this act. (3 ) Any employer not included
in the preceding paragraphs o f this section and the employees o f
such employers may, by their joint election, filed with the com
pensation commissioner, accept the provisions of Part II o f this
act, and such acceptance shall subject them to the said provisions
o f Part II hereof to all intents and purposes as if they had been
originally included in the terms o f subdivision 1 o f this section :
Provided, how ever, That either such employer or workmen (prior
to accident) shall have the right to waive such election to come
under Part II hereof, the procedure being the same as indicated
in subdivisions (a ) and (b ) o f section 103 o f this chapter.
[Section 15 (sec. 3656) is amended by adding to subsection
( 2 ) thereof the follow in g :]
No parent or guardian o f an injured minor employee shall be Injuries t o
entitled to recover any damages by reason o f said injury other minors,
than as expressly provided in this article.
[Sections 19, 20 and 21 (secs. 3660, 3661 and 3662) are amended
so as to read as fo llo w s :]
Sec. 3660. No compensation shall be allowed for the first seven
Waiting
calendar days after disability begins, except as provided in the time*
next follow ing section, but if disability extends beyond the period
o f seven days, compensation shall begin on the eighth calendar
clay after the in ju r y : Provided, how ever, That if such disability
continues for six weeks or longer, such compensation shall be
computed from the date o f the injury.
Sec. 3661. During the first twenty-one days after disability be- Medical, etc*
gins the employer shall be liable for reasonable medical and hos- aid*
pital services and medicines as and when needed, not, however,
to exceed two hundred dollars in value, unless the employee
refuses to allow them to be furnished by the em ployer: Provided,
how ever, In cases o f dismemberment or injuries involving m ajor
Surgical operations, the employer shall be liable for reasonable
medical and hospital services and medicines as and when needed
251
252
w o rk m en ’s
CO M PEN SATIO N LEG ISLATION .
beyond as well as within the twenty-one day period, not, however,
to exceed two hundred dollars in value: Provided, fu rth er, That
where the injured employee refuses or neglects to avail feimself
o f such medical or surgical treatment, the employer shall not be
liable for any aggravation o f such injury due to said neglect or
refusal.
C om pen sa
Sec. 3662. The follow ing schedule o f compensation is hereby
tion fo r total established for injuries resulting in disability.
d isa b ility ;
(1 ) F or the first three hundred weeks o f total disability the
compensation shall be sixty-six and two-thirds per cent o f the
wages received at the time o f injury, but such compensation shall
not be more than twelve dollars per week nor less than six dol
lars per w eek: Provided, That, if at the time o f injury the em
ployee receives wages o f less than six dollars per week, then he
shall receive the fu ll amount o f such wages per week as compen
sation. A fter the first three hundred weeks o f total disability, for
the remainder o f the life o f the employee, he shall receive fortyfive per cent o f the wages received at the time o f the injury, but
the compensation shall not be more than nine dollars per week
nor less than four dollars and fifty cents per w eek: Provided,
That if at the time o f the injury the employee receives wages o f
less than four dollars and fifty cents per week then he shall
receive the full amount o f such wages as compensation. Nothing
in this subdivision shall require the payment o f compensation
after disability shall cease. Should partial disability be follow ed
by total disability, the period o f three hundred weeks mentioned
i a this subdivision o f this section shall be reduced by the number
o f weeks -during which compensation was paid for such partial
disability.
Partial dis
(2 ) For disability partial in character (except the particular
ability.
cases mentioned in subdivision 3 o f this section), the compensa
tion shall be sixty-six and two-thirds per cent o f the difference
between the wages received at the time o f injury and the earning
liower o f the employee thereafter, but such compensation shall
not be more than twelve dollars per week. This compensation
shall be paid during the period o f such partial disa b ility ; not,
however, beyond three hundred Weeks after the date o f the acci
dent causing disability. Should total disability be follow ed by
partial disability, the period o f three hundred weeks mentioned in
this subdivision shall be reduced by the number o f weeks during
which compensation was paid for such total disability.
Schedule.
(3) For all disability resulting from permanent injury o f the
follow ing classes, the compensation shall be exclusively as fol
lows :
For the loss o f a thumb, sixty-six and two-thirds per cent of
daily wages during sixty weeks.
For the loss o f a first finger, commonly called index finger,
sixty-six and two-thirds per cent o f daily wages during thirtyfive weeks.
For the loss o f a second finger, sixty-six and two-thirds per
cent o f daily wages during thirty weeks,
For the loss o f a third finger, sixty-six and two-thirds per cent
o f daily wages during twenty weeks.
For the loss o f a fourth finger, commonly called little finger,
sixty-six and two-thirds per cent o f daily wages during fifteen
weeks.
The loss o f the first phalange o f the thumb, or o f any finger,
shall be considered to be equal to the loss o f one-half o f such
thumb, or finger, and compensation shall be for one-half o f the
periods o f time above specified, and compensation fo r the loss o f
one-half o f the first phalange shall be for one-fourth o f the
periods o f time above specified.
The loss o f more than one phalange shall be considered as the
loss o f the entire finger or th u m b: Provided, how ever, That in
no case shall the amount received for more than one finger ex
ceed the amount provided in this schedule for the loss o f a
hand.
TEXT OF CO M PENSATION LAW S— NEBRASKA.
253
F or the loss o f a great toe, sixty-six and two-thirds per cent o f
daily wages during thirty weeks.
For the loss o f one o f the toes other than a great toe, sixtysix and two-thirds per cent o f daily wages during ten weeks.
The loss o f the first phalange o f any toe shall be considered to
be equal to the loss o f one-half o f such toe, and compensation shall
be for one-half o f the periods o f time above specified.
The loss o f more than one phalange shall be considered as the
loss o f the entire toe.
For the loss o f a hand, sixty-six and two-thirds per cent o f
daily wages during one hundred and fifty weeks.
For the loss o f an arm, sixty-six and two-thirds per cent o f daily
wages during two hundred wTeeks.
For the loss o f a foot, sixty-six and two-thirds per cent o f daily
wages during one hundred and twenty-five weeks.
For the loss o f a leg, sixty-six and two-thirds per cent o f daily
wages during one hundred and seventy-five weeks.
For the loss o f an eye, sixty-six and two-thirds per cent o f daily
wages during one hundred weeks.
For the loss of an ear, sixty-six and two-thirds per cent o f daily
wages during twenty-five weeks.
For the loss o f the nose, sixty-six and two-thirds per cent o f
daily wages during fifty weeks.
The loss o f both hands, or both arms, or both feet, or both
legs, or both eyes, or o f any two thereof, shall constitute total and
permanent disability, to be compensated according to the provi
sions o f subdivision 1 o f this section.
Amputation between the elbow and the wrist shall be considered
as the equivalent o f the loss o f a hand, and amputation between
the knee and the ankle shall be considered as the equivalent o f the
loss o f a foot. Amputation at or above the elbow shall be consid
ered as the loss o f an arm, and amputation at or above the kmee
shall be considered as the loss o f a leg. Permanent loss o f the use
o f a hand, arm, foot, leg or eye shall be considered as the equiv
alent o f the loss o f such hand, arm, foot, leg or eye.
In all cases involving a permanent partial loss of the use or Loss of use.
function o f any o f the members mentioned in subdivision 3 o f
section 3662, the compensation shall bear such relation to the
amounts named in said subdivision 3 o f section^ 3662 as the dis
abilities bear to those produced by the injuries named therein.
Should the employer and the employee be unable to agree upon
the amount o f compensation to be paid in cases not covered by the
schedule, the amount o f compensation shall be settled according
to the provisions o f section 3680.
Compensation under this subdivision shall not be more than R a n g e o f
twelve dollars per week, nor less than six dollars per w e e k : Pro- payments.
vided, That, if at the time of injury the employee receives wages
o f less than six dollars per week, then he shall receive the full
amount o f such wages per week as compensation.
It is expressly provided that not anything contained in this P r i o r in
section or this entire amendatory act is intended to or shall juries,
operate to affect the amount or amounts recoverable for any char
acter o f injury sustained by any person or persons prior to the
going into effect o f this amendatory act.
[Subsection ( 1 ) o f section 22 (sec..3663) is amended by chang
ing 50 to 66 § where it occu rs; also by changing ten dollars to
twelve dollars and five dollars to six dollars in each instance as
the measure of maximum and minimum weekly payments in case
o f death.
Sections 25 and 26 (secs. 3666 and 3667) are amended so as
to read as follow s:]
Sec. 3666. Except as hereinafter provided, all amounts o f com- Payments to
pensation payable under the provisions o f this article shall be
periodical,
payable periodically in accordance with the methods o f payment
o f the wages o f the employee at the time o f the injury or dea th :
Provided, F ifty per cent shall be added for waiting time for a ll
delinquent payments after 30 days’ notice has been given.
254
W ages.
w o r k m e n 's
CO M PEN SATION LEG ISLATION.
Sec. 3667. W herever in this article the term “ w a g es” is used,
it shall be construed to mean the money rate at which the service
rendered is recompensed under the contract o f hiring in force at the
time o f the accident, and shall not include gratuities received from
the employer or others, nor shall it include board, lodging or simi
lar advantages received from the employer, unless the money
value of such advantages shall have been fixed by the parties
at the time o f hiring. In occupations involving seasonal employ
ment or employment dependent upon the weather, the employee’s
weekly wages shall be taken to be one-fiftieth o f the total wages
which he has earned from all occupations during the year imme
diately preceding the accident, unless it be shown that during such
year, by reason o f exceptional causes, such method o f computation
does not ascertain fairly the earnings o f the employee, in which
case the period for calculation shall be extended so far as to give
a basis for the fair ascertainment o f his average weekly earnings.
In continuous employments, if immediately prior to the accident
the rate o f wages was fixed by the day or hour, or by the output
o f the employee, his weekly wages shall be taken to be his average
weekly income for the period o f time ordinarily constituting his
w eek’s work, and using as the basis o f calculation his earnings
during as much o f the preceding six months as he worked for the
same em ployer; the calculation, furthermore, to b e . made with
reference to average earnings for a working-day o f ordinary
length and exclusive o f earnings from overtime.
[Section 33 (sec. 3674) is amended by adding the follow ing to
the first paragraph:]
Disputes.
Provided, That all disputed claims for compensation or benefits
shall be first submitted to the compensation commissioner, as
provided in section [39].
[Sections 36 to 43 ( 3677 to 3684) are amended to read as fo l
lows :]
Agreements.
Sec. 3677. The-interested parties shall have the right to settle
all matters o f compensation between themselves in accordance
with the provisions o f this a rticle : Provided, That a copy o f such
settlement shall be filed with the compensation commissioner, and
no such settlement shall be binding unless in accord w ith the pro
visions o f this article.
Arbitration.
Sec. 3678. All disputed claims for compensation or for benefits
under this article must be submitted to the compensation commis
sioner for an award. I f either party at interest is dissatisfied
with the award o f the compensation commissioner, then the matter
may be submitted to the district court o f the county which would
have jurisdiction o f a civil action between the parties, which court
shall have authority to hear and determine the cause as a suit
in equity and enter final judgment therein determining all ques
tions o f law and fact in accordance with the provisions o f this
article, which judgment shall be final and conclusive unless re
versed or, modified on appeal or otherwise modified pursuant to
the provisions o f this act.
Limitation.
Sec. 3679. In case o f personal injury, all claim for compensa
tion shall be forever barred unless, within one year after the acci
dent, the parties shall have agreed upon the compensation pay
able under this act, or unless within one year after the accident,
one o f the parties shall hav£ filed a petition as provid-ed in sec
tion 3680 hereof. In case o f death, all claims for compensation
shall be forever barred unless, within one year after the death, the
parties shall have agreed upon the compensation under this act,
or unless within one year after the death, one o f the parties shall
have filed a petition as provided in section 3680 hereof. Where,
however, payments o f compensation have been made in any case,
said lim itation shall not take effect until the expiration o f one
year from the time o f the making o f the last payment. In the
event o f legal disability o f an injured employee, said limitation
shall not take effect until the expiration o f one year from the time
or removal o f such legal disability.
TEXT OF CO M PEN SATION LAW S---- NEBRASKA.
Sec. 3080. Procedure in cases o f dispute shall be as follow s:
Either party may file with the compensation commissioner a
verified petition setting forth the names and residences o f the par
ties and the facts relating to the employment at the time o f the
injury, the injury in its extent and character, the amount o f wages
being received at the time of injury, the knowledge o f or notice
to the employer o f the occurrence o f said injury and such other
facts as may be necessary for the inform ation o f the commissioner,
and also stating the matter or matters in dispute and the conten
tion of the petitioner w ith reference thereto.
Upon the filing o f such petition a summons shall issue and be
served upon the adverse party, as in civil causes, together with a
copy o f the petition. Return o f service shall be made within four
days from the issuance o f the summons. Within seven days after
the return day o f such summons the party upon whom the same is
served shall file an answer to said petition, which shall admit or
deny the substantial averments o f the petition, and shall state the
contention o f the defendant with reference to the matters in dis
pute, as disclosed by th e . petition. The answer shall be verified
in like manner as required for a petition. At the expiration of the
time fixed for filing the answer the compensation commissioner
shall proceed to hear all parties at interest and make such recom
mendations and awards as such compensation commissioner may
be authorized by law to make.
In case either party refuses to accept the recommendations or
awards o f the compensation commissioner, either party may sub
mit to the district court a verified petition setting forth the names
and residences o f the parties and the facts relating to the employ
ment at the time of the injury, the injury in its extent and char
acter, the amount o f wages being received at the time of injury,
the knowledge o f or notice to the employer o f the occurrence o f
said injury and such other facts as may be necessary for the in
form ation o f the court, and also stating the matter or matters in
dispute and the contention o r the petitioner with reference thereto.
Upon the filing o f such petition a summons shall issue and be
served upon the adverse party, as in civil causes, together with a
copy of the petition. Return o f service shall be made within fou r
days from the issuance of the summons. WTithin seven days after
the return day o f such summons the party upon whom the same is
served shall file an answer to said petition, which shall admit or
deny the substantial averments o f the petition, and shall state the
contention o f the defendant with reference to the matters in dis
pute, as disclosed by the petition. The answer shall be verified in
like manner as required for a petition. At the expiration o f the
time fixed for filing answer the court shall proceed to hear and
determine the cause without delay and shall render judgment
thereon according to the form o f law. Any appeal from such
judgment shall be prosecuted in accordance with the general laws
o f the State regulating appeals and actions at law except that
such appeal shall be perfected within thirty days from the entry
o f’ the judgment and the cause shall be advanced for hearing in
the supreme court so as to bring said cause on for argument before
such court within sixty days from the filing o f the appeal and said
supreme court shall render its judgment and opinion in such cases
within thirty days after submission.
Sec. 3681. The amounts o f compensation payable periodically
under the law, by agreement o f the parties with the approval o f
the compensation commissioner, may be commuted to one or more
lump-sum payments, except compensation due for death and per
manent disability, which may be commuted only upon the order
or decision o f the district c o u r t: Provided, That where commu
tation is agreed upon, or ordered by the court, the lump sum to
be paid shall be fixed at an amount which w ill equal the total
sum o f the probable future payments, capitalized at their present
value upon the basis o f interest calculated at five per cent per
annum with annual rests. Upon paying such amount the em
ployer shall be discharged from all further liability on account
255
Procedure.
Lump sums.
256
W O R K M E N ’ s COMPENSATION LEGISLATION.
o f the injury or death, and be entitled to a duly executed release,
upon filing which, or other due proof o f payment, the liability o f
such employer under any agreement, award, findings, or decree
shall be discharged o f record.
W henever an injured employee or his dependents and the em
ployer agree that the amounts o f compensation due in periodic
payments for death, permanent disability, or claimed permanent
disability, under this article, shall be commuted to one or more
lump payments, such settlement or agreement therefor shall
be submitted to the district court in the follow ing m anner:
An application for the approval o f such settlement, signed by
both parties, shall be filed with the clerk o f the district-court,
and shall be entitled the same as an action by such employee or
dependents against such em ployer; and shall contain a concise
statement o f the terms o f the settlement sought to be approved,
together with a brief statement o f the facts concerning the in
jury, the nature thereof, the wages received by the injured em
ployee prior thereto, and the nature o f the employment. The
judge o f the district court, immediately, or within one week after
the filing o f said application, unless there be good cause for con
tinuance, at chambers or in open court and in or out o f term
time, shall hold a hearing on said application, and proof may be
adduced, witnesses subpoenaed and examined, the same as in an
action in equity. If, after such inquiry, the court finds said set
tlement fair, just, and for the best interests o f said employee or
his dependents under all the circumstances, he shall make an
order approving the same. I f such agreement or settlement be
not approved the court may dismiss said application at the cost
o f the employer or continue the hearing, in the discretion o f the
court.
The fees of the clerk o f the district court fo r filing, docketing,
and indexing such application shall be one dollar.
Sec. 3682. All settlements by agreement o f the parties w ith the
W hat settle
approval o f the compensation commissioner and all awards o f
ments final.
compensation made by the court, except those amounts payable
periodically for six months or more, shall be final and not subject
to readjustment.
Reviews.
Sec. 3683. All amounts paid by an employer or by an insurance
company carrying such risk, as the case may be, and received by
the employee or his dependents, by lump-sum payments, shall be
final, but the amount o f any agreement or award payable periodi
cally for more than six months may be modified as fo llo w s :
(a ) At any time by agreement o f the parties with the approval
o f the compensation commissioner.
(b ) I f the parties can not agree, then at any time after six
months from the date o f the agreement or award, an application
may be made to the court by either party on the ground o f in
crease or decrease o f incapacity due solely to the injury, or that
the condition of a dependent has changed as to age or marriage,
or by reason o f the death o f a dependent. In such case the same
procedure shall be follow ed as in section 3680 in case o f disputed
claim for compensation.
Sec. 3684. A t any time after the amount o f any award has been
Payments to
trustees.
agreed upon by the parties and approved by the compensation
commissioner, or found and ordered by the court, a sum equal to
the present value o f all future installments o f compensation may
(where death or the nature o f the injury renders the amount o f
future payments certain) by leave o f court, be paid by the em
ployer, or by the insurance company carrying such risk, as the
case may be, to any savings bank or trust company o f this State,
in good standing, and such sum together with all interest thereon,
shall thereafter be held in trust for the employee or the depend
ents o f the employee, who shall have no further recoirtse against
the employer. The payment o f such sum by the employer, evi
denced by the receipt o f the trustee to be filed w ith the compen
sation commissioner, shall operate as a satisfaction o f said award
as to the employer. Payments from said fund shall be made by
TEXT OF COM PEN SATION LAW S---- NEBRASKA.
257
the trustee in the same amounts and at the same time as are
herein required o f the employer until said fund and interest shall
be exhausted. In the appointment o f the trustee, preference shall
be given, in the discretion of the court, to the choice o f the in
jured employee or the dependents of the deceased employee, as
the case may be.
[Sections 45 to 47 (3686 to 3688) are amended to read as
fo llo w s : ]
Sec. 3686. Reports o f accidents and settlements shall be made Reports.
in form and manner as prescribed and directed by the compensa
tion commissioner. Such reports, if filed by an insurance com
pany on behalf o f an employee, shall be deemed to have been
filed by the employer.
When an injury results in the death o f an employee who is a Aliens,
citizen or subject of a foreign country, the compensation commis
sioner shall, after such death has been reported to him, at once
notify the superior consular officer o f the country o f which the
employee at the time o f his death was a citizen or subject, and
whose consular district embraces the State o f Nebraska, or the
representative, residing in the State o f Nebraska, of such con
sular officer, whom he shall have form ally designated as his rep
resentative by a communication in writing to the compensation
commissioner. Such notification shall contain in addition to the
name o f the employee, such further inform ation as the compensa
tion commissioner may possess respecting the place of birth, par
entage, and names and addresses of the dependents o f the em
ployee.
Sec. 3687. Every employer in the occupations described in sec Insurance.
tion 97 of this chapter shall either insure and keep insured his
liability under this article in some corporation, association or
organization authorized and licensed to transact the business of
workmen’s compensation insurance in this State, or shall furnish
to the compensation commissioner satisfactory proof o f his finan
cial ability to pay direct the compensation in the amount and
maaner and when due as provided for in this act. In the latter
case the compensation commissioner may in his discretion require
the deposit of an acceptable security, indemnity or bond to secure
the payment of compensation liabilities as they are incurred.
Every employer who fails, neglects or refuses to comply with the
conditions set forth in this section shall be deemed to have elected
not to come under Part II hereof, and shall be required to re
spond in damages to an employee for personal injuries, or where
personal injuries result in the death o f an employee, then to his
dependents, in like manner as if the employer had filed an election
with the compensation commissioner rejecting the provisions o f
Part II o f the compensation act.
Sec. 3688. No policy of insurance against liability arising under Provisions o f
this act shall be issued unless it contains the agreement o f the policies,
insurer that it w ill promptly pay to the person entitled to same all
benefits conferred by this act, and all installments of the com
pensation that may be awarded or agreed upon, and that the obli
gation shall not be affected by any default o f the insured after
the injury, or by any default in the giving o f any notice required
by such policy, or otherwise. Such agreement shall be construed
to be a direct promise by the insurer to the person entitled to
compensation enforceable in his name.
Every policy for the insurance of the compensation herein pro
vided, or against liability thereof, shall be deemed to be made
subject to the provisions of this act. No corporation, association
or organization shall enter into any such policy of insurance unless
its form shall have been approved by the compensation commis
sioner.
All policies insuring the payment o f compensation under this
act must* contain a clause to the effect that as between the em
ployer and the insurer the notice to or knowledge o f the occur
rence o f the injury on the part o f the insured shall be deemed
notice or knowledge, as the case may be, on the part o f the in456150— Bull. 243— 18------ 17
258
w o r k m e n ’s
COMPENSATION LEGISLATION.
su re r; that jurisdiction o f the insured for the purpose o f this act
shall be jurisdiction o f the insurer; and that the insurer shall in
all things be bound by and subject to the awards, judgments or
decrees rendered against such insured.
[Paragraph (d ) o f section 52 (sec. 3693) is amended so as to
read as fo llo w s : ]
Willful neg(d ) For the purpose o f this act, w illful negligence shall consist
ligence.
0 f ( i ) deliberate act, or ( 2 ) such conduct as evidences reckless
indifference to safety, or (3) intoxication at the time o f injury,
such intoxication being without the consent or know ledge*or
acquiescence o f the employer or the employer’s agent.
[A new paragraph is also added to this section, as fo llo w s :]
Commis(h) The designation “ compensation com m issioner” or “ comsioner.
missioner ” as used herein is intended to mean the State official
designated by the statutes to administer this article.
[New material added is as fo llo w s :]
Duty
of
Sec. 24. It shall be the duty o f the county attorneys of the
cou nty
a tto r- several counties and the attorney general o f the State to appear
neysas counsel for claimants for compensation and benefits under this
article, and to assist and act in an advisory capacity to the com
pensation commissioner, upon his request.
Prior
inSee. 25. It is expressly provided-that not anything contained in
ju ries.
this entire amendatory act is intended to or shall operate to affect
the amount or amounts recoverable for any character o f injury
sustained by any person or persons prior to the going into effect
o f its amendatory act.
C om p en saSec. 26. There is hereby created a compensation division in the
tion division,
bureau o f labor for the State o f Nebraska.
CommisSec. 27. The commissioner of labor o f the State is hereby made
sioner o f labor the compensation commissioner and there is hereby imposed upon
ac '
him the duty o f executing all o f the provisions o f article 8 , chapter
35, Revised Statutes o f Nebraska for the year 1913, and any act
or acts amendatory thereof. To aid him in the discharge o f his
D epu ty.
duty he is hereby authorized to appoint a chief deputy compensa
tion commissioner who shall serve for a period o f two years from
the date o f appointment and until his successor is appointed
and qualifies, and shall receive such remuneration for his services
and in such manner as provided by legislative enactment. The
chief deputy compensation commissioner shall succeed to the
Powers a n d powers and discharge the duties vested in the compensation comdu ties.
missioner. The compensation commissioner shall from time to
time promulgate such rules and regulations as are necessary and
proper to promptly and effectively enforce the provisions o f article
8 , chapter 35, Revised Statutes o f Nebraska for the year 1913,
and any act or acts amendatory thereof. In the perform ance o f
his duties the compensation commissioner, or the chief deputy
compensation commissioner, is authorized and empowered to ex
amine under oath or otherwise any person, any employee, any em
ployer, any agent or superintendent or foreman or officer o f any
copartnership or corporation, or any officer o f any domestic
insurance company, or any agent o f any foreign insurance com
pany, or any medical practition er; to issue subpoenas for the
appearance o f witnesses and the production o f books and papers
and administer oaths with like effect as is done in courts o f law
in this State. In the examination of any witness and in requir
ing the production o f books, papers and other evidence, the com
missioner o f compensatk>n shall have and exercise all o f the
powers o f a judge, magistrate or other officer in the taking of
depositions or the examination of witnesses, including the power
to enforce his orders by commitment for refusal to answer or for
the disobedience o f any such order.
A s sista n ts.
Sec. 28. The compensation commissioner may employ such
assistants as may be necessary to carry out the provisions o f this
a ct: Provided, That the expenses incurred shall not exceed the
appropriation therefor. The compensation commissioner shall
provide a seal for the certification of his orders, awards, and
TEXT OF COM PEN SATIO N LAW S---- NEBBASK A.
259
proceedings upon which shall be inscribed the w ords “ Compensa
tion commissioner, State o f Nebraska— Official seal.”
Sec. 29. The compensation commission shall, for the purpose Powers o I
contemplated by this act, have power to issue subpoenas, compel commission.
the attendance o f witnesses, administer oaths, certify to official
acts, take depositions within or without the State o f Nebraska
as now provided by law, compel the production o f pertinent books,
pay rolls, accounts, papers, records, documents and testimony.
I f a person in attendance before the compensation commissioner
shall refuse, without reasonable cause, to be examined or to an
swer a legal and pertinent question, or to produce a book or
paper when ordered to do so by the compensation commissioner,
tlie compensation commissioner may apply to the district court
of any judicial district in the State o f Nebraska, upon proof by
affidavit of the fact, for a rule or order returnable in not less
than two or more than five days, directing such person to show
cause before the judge who made the order, or any other judge
aforesaid, why he should not be committed to j a i l ; upon the
return o f such order, the judge before whom the matter and such
persons shall come on fo r a hearing shall examine under oath
such person and such person shall be given an opportunity to
be h ea rd ; and if the judge shall determine that such person has
refused without reasonable cause or legal excuse, to be examined
or to answer a legal or pertinent question, or to produce a book
or paper which he was ordered to bring or produce, he may forth
with commit the offender to jail, there to remain until he sub
mits to do the act which he was so required to do, or is discharged
according to law. No person shall be excused from testifying or
from producing any books or papers or documents in any investi
gation or inquiry by or upon any hearing before the compensation
commissioner, when ordered to do so by the compensation com
missioner, upon the ground that the testimony or evidence, books,
papers or documents required by him may tend to incriminate
him or subject him to penalty or forfeitu re; but no person shall
be prosecuted, punished or subjected to any penalty or forfeiture
for or on account of any a^t, transaction, matter or thing con
cerning which he shall, under oath have, by order o f the compensa
tion commissioner, testified to or produced documentary evidence
o f : Provided, however, That no person so testifying shall be ex
empt from prosecution or punishment for any perjury committed
by him in his testimony.
Procedure.
(a ) Subject to the provisions of article 8 , chapter 35, Revised
Statutes o f Nebraska for the year 1913, and any act or acts
amendatory thereof, the compensation commissioner shall adopt
reasonable and proper rules to govern procedure, which procedure
shall be as summary and simple as reasonably may be. The
compensation commissioner shall regulate and provide the kind
and character of notices, the services thereof, and in cases o f
injury by accident to employees, the nature and extent of the
proofs and evidence and the method of treking and furnishing
the same for the establishment o f the right to com pensation; he
shall determine the nature and forms o f application o f those
claiming to be entitled to benefits or compensation, and shall
regulate the method o f making investigations, physical examina
tions and inspections and prescribe the time within which adju
dications and awards shall be m ade: Provided always, That such
rules and regulations shall conform to the provisions o f article
8 , section 35, Revised Statutes o f Nebraska for 1913, and any act
or acts amendatory thereof.
(b ) The compensation commissioner shall not be bound by the
usual common law or statutory rules o f evidence or by any tech
nical or form al rules o f procedure, other than as herein provided,
but may. make the investigation in such manner as in his judg
ment is best calculated to ascertain the substantial rights of the
parties and to carry out justly the spirit o f article 8 , chapter
35, Revised Statutes o f Nebraska for 1913, and any act or acts
amendatory thereof*
260
w o r k m e n 's
CO M PENSATIO N LEG ISLATION.
(c )
A transcribed copy o f the evidence and proceedings, or any
specific part thereof, o f any investigation taken by a stenographer
for the compensation commissioner, being certified and sworn to
by such stenographer, to be a true and correct transcript of the
testimony, or o f a particular witness, or any specific part thereof,
or to be a correct copy o f the transcMpt o f the proceedings had
on such investigation so purporting to be taken and transcribed,
may be received in evidence by the compensation commissioner
with the same effect as if such stenographer were present and
testified to the facts certified. A copy o f such transcript shall be
furnished on demand to any party in interest upon payment of the
fee therefor, as provided for transcripts in the district courts
o f the State o f Nebraska.
R ecords.
(d ) The compensation commissioner shall keep and maintain
a fu ll and true record o f all proceedings, o f all documents or
papers ordered filed, o f all rules and regulations, o f all decisions
or orders.
(e)
The compensation commissioner shall prepare and furnish
B lan k s.
free o f cost to employers, and to insurance comjMinies licensed to
w rite compensation insurance in this State, blank form s o f appli
cation for benefits or compensation, elections to operate under
Part II o f chapter 35, Revised Statutes o f Nebraska for 1913, and
any act or acts amendatory thereof, reports o f injury, proofs of
injury or death, reports o f medical attendance, o f employment and
wage earnings, and such other blanks as may be deemed proper
and advisable. The compensation commissioner shall provide
rules for the distribution o f the blanks so prepared, and it shall
be the duty o f employers to constantly keep on hand a sufficient
supply o f such blanks.
A n n u al r e “
( f ) Annually on or before the first day of January o f each year
ports.
the compensation commissioner shall issue a bulletin which shall
include a statement o f the number and amount o f settlements
and awards made by the compensation commissioner, the causes
of the accidents leading to the injuries for which the settlements
and awards were made and a total statement o f the expense o f
the compensation commissioner, together with any other matters
which the compensation commissioner deems proper to include, as
well as any recommendations he may desire to make.
C la im s.
(g ) Every claim for benefits under the provisions o f article 8 ,
chapter 35, Revised Statutes o f Nebraska for the year 1913, and
any act or acts amendatory thereof, may be presented to the
compensation commissioner for adjudication and an order and an
award. Any party at interest may present a claim in person or
by an attorney. Every order and award o f the compensation
commissioner shall be binding upon each party at interest unless
notice o f intention to appeal to the district court has been filed
with the compensation commissioner within seven days follow ing
the date o f rendition o f the order o f a w a rd : Provided, That the
order and award shall be binding and final, notwithstanding no
tice o f intention to appeal has been filed within the time limit,
until the appeal has been perfected and service had upon the
opposite party or parties.
(h ) Each applicant for an order or an award by the compensa
C osts.
tion commissioner shall pay all expense of his or their own mak
in g : Provided, That there shall be no filing fees charged by the
compensation commissioner, and that the compensation commis
sioner may at his discretion assess the costs o f the applicant or
applicants against the respondent or respondents as in like man
ner done in courts o f the State.
P r o v is io n s
Sec. 30. In case for any reason any papagraph or any proviseverable.
sion 0f article 8 , chapter 35, Revised Statutes o f Nebraska for
1913, or any paragraph or any provision o f this act shall be ques
tioned in any court and shall be held to be unconstitutional or
invalid, the same shall not be held to affect any other paragraph
or provision o f article 8 , chapter 35, Revised Statutes o f Nebraska
for 1913, or any paragraph or any provision o f this act, except
TEXT OE COM PENSATIO N LAW S---- N EBRASKA.
that Parts I and II o f said article are hereby declared to be in
separable, and if either part be declared void or inoperative in an
essential part, so that the whole o f such part must fall, the other
part shall fall with it and not stand alone. Part I o f this article
shall not apply in cases where Part II becomes operative in ac
cordance with the provisions thereof, but shall apply in all other
cases when the employer is subject to the provisions o f this article
and in such cases shall be in extension or modification o f the com
mon law.
261
NEVADA.
ACTS OF 1917.
State insurance fund.
C h a p te r
233.— Compenstion o f workmen fo r injuries.
Section 1 o f * * * [chapter 111, acts o f 1913] is hereby E f f e c t of
amended so as to read as fo llo w s :
election.
S e c t io n 1. (a ) When, as in this act provided, an employer
shall accept the terms o f this act and be governed by its pro
visions, every such employer shall be conclusively presumed to
have elected to provide, secure, and pay compensation according
to the terms, conditions, and provisions o f this act for any and
all personal injuries by accident sustained by an employee aris
ing out o f and in the course o f the em ploym ent; and in such cases
the employer shall be relieved from other liability for recovery
o f damages or other compensation for such personal injury, un
less by the terms o f this act otherwise provided.
(b ) W here a State, county, municipal corporation, school dis- C o m p u lso ry
trict, cities under special chcrter and commission form o f gov-employees.11 10
ernment, is the employer, the terms, conditions and provisions o f
this act, for the payment o f premiums to the State insurance
fund for the payment o f compensation and amount thereof for
such injury sustained by an employee o f such employer, shall be
conclusive, compulsory, and obligatory upon both employer and
employee.
(c ) I f an employer having the right under the provisions o f F a ilu re o f
this act to accept the terms, conditions and provisions thereof, |^pJoyers t °
shall fail to accept the same as herein provided, every such em- e 00 *
pi oyer shall be deemed to have rejected the terms, conditions, and
provisions thereof, and in such case such employer shall not escape
liability for personal injury by accident sustained by an em
ployee o f such employer when the injury sustained arises out o f
and in the usual course o f the employment, becau se:
( 1 ) T h e e m p lo y e e a ssu m e d th e r isk s in h e re n t or in c id e n ta l to,
Defenses abor a r isin g out o f, h is or h er e m p lo y m e n t ; or th e r is k s a r is in g fr o m r°sated.
the failure of the employer to provide and maintain a reasonably
safe place to work, or the risks arising from the failure o f the em
ployer to furnish reasonably safe tools or appliances, or because
the employer exercised reasonable care in selecting reasonably
competent employees in the business;
(2) That the injury was caused by the negligence o f a coem
ployee ;
(3) That the employee was negligent, unless and except it shall
appear that such negligence was w illful and with intent to cause
the injury, or the result o f intoxication on the part of the injured
p a rty ;
( 4 ) In actions by an employee against an employer for personal . P r e s u m pinjuries sustained, arising out o f and in the course o f the em p loy-tionsment where the employer has rejected the provisions o f this act,
it shall be presumed that the injury to the employee was the first
result, and growing out o f the negligence o f the em ployer; and
that such negligence was the proxim ate cause o f the in ju r y ; and
in such case the burden o f proof shall rest upon the employer to
rebut the presumption o f negligence.
(d ) Every such employer shall be conclusively presumed not Election by
to have elected to provide, secure, and pay compensation to em- emPl°yers.
ployees for injuries sustained arising out o f and in the course o f
the employment according to the provisions o f this act, unless
263
w o rk m en ’s
264
c o m p e n s a t io n
l e g is l a t io n
.
and until notice in writing of an election to accept shall have been
given to the Nevada Industrial Commission, substantially in the
follow ing fo r m :
em ployer’s
n o t ic e
to
accept.
T o the Nevada Industrial Commission:
You are hereby notified that the undersigned accepts the pro
vision o f the “ Nevada industrial insurance act.”
Signed__________________________
(e) W here the employer has given notice o f an election to
accept the terms o f this act, and the employee has not given notice
o f an election to reject the terms o f this act, every contract to hire,
express or implied, shall be construed as an implied agreement
between them, and a part o f the contract on the part o f the em
ployer to provide, secure and pay, and on the part o f the em
ployee to accept, compensation in the manner as by this act pro
vided for all personal injuries sustained arising out o f and in
the course of employment.
E m p loyer to
( f ) Every such employer electing to be governed by the pro
pay prem ium s, visions o f this act, before becoming entitled to the benefits of the
act in the providing, securing, and paying o f compensation to the
employees thereunder, shall, on or before the first day o f July,
1917, and thereafter during the period o f hi« election to be gov
erned by the provisions o f the act, pay to the Nevada Industrial
Commission all premiums in the manner hereinafter provided;
and during the period o f his election to be governed by the provi
sions o f the act shall comply with all conditions and provisions
o f the act, hereinafter stated.
F a ilu re
to
(g ) Failure on the part o f any such employer to pay the premlpayums as by the provisions o f this act, required shall operate as a
rejection o f the terms o f the act. In the event o f any rejection
o f this act or the terms hereof, such rejecting employer shall post
a notice o f rejection of the terms o f the act upon his premises
in a conspicuous place. Failure to post said notice shall con
stitute a misdemeanor.
Notices.
(h ) It shall be the duty o f such employer at all times to main
tain the notice or notices so provided for the inform ation o f his
employees, and any person failing so to maintain the same shall
be guilty o f a misdemeanor.
S e c . 2. Th 6 above-entitled act is hereby amended by the adding
of an additional section to be known as section 2 ^, which shall
read as follow s:
# N o
deducS e c . 2£. It shall be unlawful for any employer who has elected
t ions from
reject the terms, conditions and provisions of this act, to make
w ages.
any
against an employee, or to deduct from the wages o f
any employee any sum o f money to meet the costs, in whole or
in part, o f the liability incurred by the employer by reason o f his
rejection of the Nevada industrial insurance act. Any such em
ployer who makes a deduction for such purpose from the salary
or wage o f any employee shall be guilty o f a misdemeanor, and
shall, upon conviction, be fined not less than one hundred ($ 1 0 0 )
dollars nor more than five hundred ($500) dollars for each
offense. It is hereby made the duty o f the district attorney
o f the county where a violation o f this provision is charged to
prosecute such cases upon complaint o f the commission, or upon
complaint o f any employee who submits proper evidence of a vio
lation o f this provision.
of
C on stru ction
con tracts,
S e c . 3. S e c tio n 4 o f th e a b o v e -e n title d a c t, *
a m e n d e d so a s to re a d a s f o l l o w s :
S e c . 4. (a ) When the employer has accepted
*
*
is h e re b y
Election in
the terms of this
force,
ac{-? or
employee has rejected the terms thereof in compliance
with the provisions o f this act, such election shall continue and
be in force until such employer shall thereafter rej£pt the pro
visions o f this act, or said employee accept the provisions o f this
act, respectively, as provided in subsection (b ) o f this section.
(b ) When an employer accepts, or an employee rejects, the pro
visions o f this act, such party may at any time thereafter elect
TEXT OF COM PENSATION LAW S— NEVADA.
265
to waive such acceptance or rejection by giving notice in writing
in the same manner required by the employer in accepting, or
by the employee in rejecting, the provisions of this act, and which
shall become effective when filed with the Nevada Industrial
Commission.
Sec. 4. Section 21 o f the above-entitled act is hereby amended
so as to read as fo llo w s :
S e c . 21. (a ) Every employer electing to be governed by the pro
P rem ium s.
visions o f this act shall, on or before the first day o f July, A. D.
1917, and monthly thereafter, pay to the Nevada Industrial Com
mission for a State insurance fund premiums in such a per
centage o f his estimated total pay roll as shall be fixed by order o f
the Nevada Industrial Com m ission: Provided, however, That all
premium rates now in effect shall be continued in full force and
effect until changed, altered or amended by order of the Nevada
Industrial Commission.
The Nevada Industrial Commission may require all premiums
required by this act to be paid for three months in advance upon
the estimated pay roll o f the employer, unless the commission be
satisfied o f the financial responsibility of the employer, or unless
a good and sufficient surety bond for the payment of premiums
be given by the employer to the Nevada Industrial Commission.
(b )
The Nevada Industrial Commission shall have the power,
as experience and conditions demand,-to increase or decrease the
rates above p rovided; sixty days’ notice of any change in rate
shall be given b e fo re , the same shall become effective; the com
mission shall have the power, and it shall be their duty, to classify
occupations with respect to their degree of hazard, and determine
the risks o f the different classes and fix the rates o f premiums o f
the same, based upon the total pay roll and number of employees
in each o f said classes o f occupation and sufficiently large to pro
vide an adequate fund for the compensation provided for in this
act, and to create a surplus sufficiently large to guarantee a satis
factory State insurance fund from year to year.
Sec. 5. Section 23 o f the above-entitled act is hereby amended to
read as fo llo w s :
S e c . 23. (a ) Every injured employee within the provisions of
M edical, etc.,
this act shall be entitled to receive, and shall receive promptly, aid.
such medical, surgical and hospital or other treatment, nursing,
medicines, medical and surgical supplies, crutches and apparatus,
including artificial members as may reasonably be required at the
time o f the injury and within ninety days thereafter, which may
be extended to one year by the Nevada Industrial Commission.
The benefits conferred by this paragraph upon the injured em
ployee shall hereinafter be termed “ accident, benefits.”
(b )
For the purpose o f providing a fund to take care of saidB enefit fund.
accident benefits as in this act provided the Nevada Industrial
Commission is authorized and directed to collect a premium upon
the total pay roll o f every employer except as hereinafter provided
in such a percentage as the commission shall by order f i x ; every
employer paying such premium shall be relieved from furnishing
accident benefits, and the same shall be provided by the Nevada
Industrial Commission. Every employer paying such premium for E m p loyees to
accident benefits may collect one-half thereof, not to exceed one p ay on e-h alf.
dollar per month, from each employee, and may deduct the same
from the wages o f such employee.
The Nevada Industrial Commission shall have the authority to R ules.
adopt such reasonable rules and regulations as may be necessary
to carry out the provisions o f this subdivision o f this section.
All fees and charges for such accident benefits shall be subject to
regulation by the commission, and shall be limited to such charges
as prevail in the same community for similar treatment of injured
persons o f like standard o f living.
The State insurance fund provided for in this act shall not be
liable for any accident benefits provided by this section, but the
266
w o r k m e n 's
CO M PENSATIO N LEGISLATION.
fu n d p ro v id e d fo r a c c id e n t b en efits s h a ll be a s e p a r a te a n d d is tin c t
fu n d , an d s h a ll b e so k e p t.
(c ) It shall be the duty o f every employer accepting the pro
visions o f this act, immediately upon the occurrence o f any in
ju ry to any o f his employees, to render to such employee all neces
sary first aid, including cost of transportation o f the injured em
ployee from the place o f injury to the nearest place o f proper
treatment where the injury is such as to make it reasonably neces
sary for such transportation; such employer shall forthwith
notify the commission of such accident, giving the name of
the injured employee, the nature o f the accident and where and
by whom the injured employee is being treated, and the date of
the accident. Every employer paying accident benefit premiums to
the Nevada Industrial Commission furnishing such first aid shall
be entitled to receive from the commission the amount of such ex
penditure reasonably made.
Joint
ar
(d ) Every employer operating under this act alone or together
ran gem en ts.
with other employers may make arrangements for the purpose of
providing accident benefits as defined in this act for injured em
ployees, and such employers may collect one-half of the cost of
such accident benefits from their collective employees, not to ex
ceed one dollar per month from any one employee, and may de
duct the same from the wages o f each employee. Employers elect
ing to make such arrangements for providing accident benefits
shall notify the Nevada Industrial Commission o f such election,
and in the event o f failure to so notify said Nevada Industrial
Commission of such election they shall be liable for premiums
for accident benefits as heretofore provided by subdivision (b ) o f
this section.
In su ffic ie n t
( e ) I f it be shown or the commission finds that the employer
aid.
is furnishing the requirements of medical, surgical, or hospital
aid or treatment provided for in this act in such a manner that
there are reasonable grounds for believing that the health, life,
or recovery o f the employee is being endangered or impaired
thereby, the commission may, upon application o f the employee
or upon its own motion, order a change in the physician or other
requirements, and if the employer fails to promptly comply with
such order, the injured employee may elect to have such medical,
surgical, or hospital aid or treatment provided by or through the
Nevada Industrial Commission, in which event the cause o f action
o f said injured employee against the employer or hospital associ
ation shall be assigned to the Nevada Industrial Commission for
the benefit o f the State insurance fund, and the Nevada Indus
trial Commission shall furnish to said injured employee the medi
cal, surgical, or hospital aid or treatment provided for in this act.
F ir s t aid.
S e c . 6. S e c tio n 2 5 o f th e a b o v e -e n title d a c t
*
*
*
is h e re b y
a m e n d e d so a s to re a d a s f o l l o w s : ,
S e c . 2 5. E v e r y e m p lo y e e in th e e m p lo y o f a n e m p lo y e r w ith in
C om pen sa
tion.
th e p ro v isio n s o f th is a c t, w h o s h a ll be in ju r e d b y a c c id e n t a r is
in g o u t o f an d in th e c o u rse o f e m p lo y m e n t, or h is d e p e n d e n ts,
a s h e r e in a fte r defined, s h a ll be e n title d to re c e iv e th e fo llo w in g
c o m p e n s a tio n :
(a )
D eath .
death
b e n e f it s .
I f the injury causes death, the compensation shall be known
as a death benefit, and shall be payable in the amount and to and
for the benefit of the persons follow in g :
1. Burial expenses not to exceed one hundred and twenty-five
($125) dollars in addition to the compensation payable under this
act.
2. To the widow, if there is no child, thirty per cent o f the aver
age wage o f the deceased. This compensation shall be paid until
her death or remarriage, with two years’ compensation in one
sum upon remarriage.
8.
To the widower, if there is no child, thirty per cent o f the
average wage o f the deceased, if wholly dependent for support
upon the deceased employee at the time o f her death. This com
pensation shall be paid until his death or remarriage.
TEX T OE CO M PENSATION LAW S---- NEVADA*
267
4. T o the widow or widower, if there is a child or children,
the compensation payable under clause ( 1 ) or clause ( 2 ), and in
addition the additional amount o f ten per cent o f such wage for
each such Child until the age o f eighteen years, not to exceed a
total o f sixty-six and two-thirds per cent for such widow or
widower and the children. I f the children have a guardian other
than the surviving widow or widower, the compensation on
account o f such children may be paid to such guardian. The
compensation payable on account o f any child shall cease when
he dies, marries, or reaches the age o f eighteen years, or if over
eighteen years, and incapable o f self-support, becomes capable of
self-support.
5. I f there be surviving child or children of the deceased under
the age o f eighteen years, but no surviving w ife (or dependent
husband) then for the support o f each such child until the age
o f eighteen years, fifteen per cent o f the wages o f the deceased:
Pro vided, That the aggregate shall in no case exceed sixty-six and
two-thirds per cent of such wages.
6 . I f there be no surviving w ife (or dependent husband) or
child under the age of eighteen years, there shall be paid to the
parent or parents, if wholly dependent for support upon the de
ceased employee at the time of his death, twenty-five per cent o f
the average monthly wage of the deceased during dependency;
to the brothers or sisters, under the age o f eighteen years, if one
is wholly dependent upon the deceased employee for support at
the time o f the injury causing death, twenty per cent of the
average monthly wage for the support o f such brother or sister,
until of the age of eighteen years. I f more than one brother or
sister is wholly dependent, thirty per cent of the average monthly
wage at the time o f the injury causing death, divided among such
dependents share and share alike. I f there is no one o f them
wholly dependent, but one or more partly dependent, ten per cent
divided among such dependents share and share alike.
7. In all other cases, questions o f total or partial dependency
shall be determined in accordance with the facts as the facts may
be at the time o f the injury. I f the deceased employee ieaves
dependents only partially dependent upon his earnings for support
at the time of the injury causing his death, the monthly compen
sation to be paid shall be equal to the same proportion o f the
monthly payments for the benefit o f persons totally dependent as
the amount contributed by the employee to such partial depend
ents bears to the average wage o f deceased at the time o f the
injury resulting in his death. The duration o f such compensation
to partial dependents shall be fixed by the commission in accord
ance with the facts shown, but in no case shall exceed compensa
tion for one hundred months.
8 . Compensation to the w idow or widower shall be for the use
and benefit o f such widow or widow er and o f the dependent chil
dren, and the commission may, from time to time, apportion such
compensation between them in such w ay as it deems best for
the interests o f all beneficiaries.
I f a dependent to whom a death benefit is to be paid is an alien
not residing in the United States the compensation shall be only
sixty (60) per cent o f the amount or amounts above specified.
9. Any excess of wages over one hundred and twenty ($120)
dollars a month shall not be taken into account in computing com
pensation for death benefits.
10. In such cases where compensation is awarded to the widow,
dependent children, or persons wholly dependent, no lump-sum
settlement shall be allowed.
(B)
TOTAL D ISABILITY.
1.
Temporary total d isability: For temporary total disability,
Total d i s compensation o f fifty per cent (5 0 % ) o f the average monthly ability,
wage, but not more than seventy dollars ($70) nor less than
twenty dollars ($ 2 0 ) per month for a period not to exceed twelve
w o r k m e n ’s
268
c o m p e n s a t io n
l e g is l a t io n
.
(12) months. At the end o f twelve ( 1 2 ) months from the date o f
injury, should the disability persist and exist, a physical exami
nation o f the injured man shall be made and the character and
quality o f the disability determined. Thereafter, the compensa
tion shall not exceed the sum o f sixty dollars ($60) per month.
2.
Permanent total d isab ility : In cases o f total disability ad
judged to be permanent, compensation o f fifty per cent (5 0 % ) of
the average monthly wage, but not less than twenty dollars ($ 2 0 )
per month nor more than fifty dollars ($50) per month during the
life o f the injured person.
In cases o f the follow ing specified injuries, in the absence of
p roof to the contrary, the disability caused thereby shall be
deemed total and perm anent:
1. The total and permanent loss o f sight in both eyes.
2. The loss by separation o f both legs at or above the knee.
3. The loss by separation o f both arms at or above the elbow.
4. An injury to the spine resulting in permanent and complete
paralysis of both legs and both arms.
5. An injury to the skull resulting in incurable imbecility or
insanity.
6 . The loss by separation o f one arm at or above the elbow, and
one leg by separation at or above the knee, may be deemed a per
manent total disability.
The above enumeration is not taken as exclusive; and in all
other cases, permanent total disability shall be determined in
accordance with the facts.
(C) PARTIAL DISABILITY.
Partial
ability.
dis-
Schedule.
1 . Temporary partial d isab ility: For temporary partial dis
ability, one-half o f the difference between tlie wages earned before
the injury and the wages which the injured person is able to earn
thereafter, but not more than forty dollars ($40) per month for
a period not to exceed sixty (60) months during the period o f
said disability. For the purpose o f this provision any excess of
wages over one hundred and forty dollars ($140) per month shall
not be taken into account in co n fu tin g compensation for tem
porary partial disability.
i
% In case o f any of the follow ing specified injuries, the disability
caused thereby shall be deemed a permanent partial disability,
and the amounts named, subject to a minimum o f twenty dollars
($ 2 0 ) per month and a maximum o f sixty dollars ($60) per
month, shall be paid in addition to the compensation paid for
temporary total disability.
(a ) For the loss o f a thumb, fifty per cent (5 0 % ) o f the average
monthly wages during fifteen (15) months.
(b ) For the loss o f the first finger, commonly called the index
finger, fifty per cent (5 0 % ) of the average monthly wages during
nine (9 ) months.
(c ) For the loss o f a second finger, fifty per cent (5 0 % ) o f the
average monthly wages during seven (7 ) months.
(d ) For the loss o f the third finger, fifty per cent (5 0 % ) of
[the average monthly wages during five (5) months].
[ ( e ) For the loss o f the fourth finger, commonly called the!
•little finger, fifty per cent (5 0 % ) o f the average monthly wages
during four (4 ) months.
( f ) The loss of the distal or second phalange o f the thumb, or
the distal or third phalange o f the first, second, third, or fourth
finger, shall be considered a permanent partial disability, and
equal to the loss o f one-half o f such thumb or finger, and com«
pensation shall be one-half o f the amount specified for the loss o f
the entire thumb or finger.
(g ) The loss o f more than one phalange o f the thumb or finger
shall be considered as the loss o f the entire finger or thum b: Pro
vided!, hoioever, 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.
TEX T OF COM PENSATION LAW S---- NEVADA.
269
(h ) For the loss o f a great toe, fifty per cent (5 0 % ) o f the
average monthly wages during seven (7) months.
(i) For the loss o f one o f the toes other than the great toe,
fifty per cent (5 0 % ) o f the average monthly wages during two
and one-half months.
( j ) However, the loss of the first phalange o f any toe shall be
considered to be equal to the loss o f one-half o f such toe, and
compensation shall be one-half o f the amount above specified.
(k ) The loss o f more than one phalange shall be considered as
the loss o f the entire toe.
(1)
For the loss of a hand, fifty per cent (5 0 % ) of the average
monthly wages during forty (40) months.
(m ) For the loss o f an arm, fifty per cent (5 0 % ) of the average
monthly wages during fifty (50) months.
(n ) For the loss of a foot, fifty per cent (50 % ) of the average
monthly wages during thirty-five (35) months.
(o )
For the loss o f a leg, fifty per cent (5 0 % ) o f the average
monthly wages during forty-five (45) months.
(p ) For the loss o f an eye, fifty per cent (5 0 % ) o f the average
monthly wages during twenty-five (25) months.
(q ) For permanent and complete loss of hearing in one ear,
fifty per cent (5 0 % ) o f the average monthly wages during twenty
( 2 0 ) months.
(r ) For permanent and complete loss o f hearing in both ears,
fifty per cent (5 0 % ) o f the average monthly wages during sixty
(60) months.
(s) The permanent and complete loss of the use o f a finger,
toe, arm, hand, foot, or leg may be deemed the same as the loss
oi any such member by separation.
(t) The permanent and complete loss o f sight in one eye may
be deemed as the loss o f one eye.
(u )
Facial disfigurem ent: For permanent disfigurement about
the head or face, which shall include injury to or loss o f teeth,
the commission may allow such sum for compensation thereof
as it may deem just, in accordance with the proof submitted, but
said compensation shall not exceed fifty per cent (5 0 % ) o f the
average monthly wage, nor to exceed sixty dollars ($60) per
month during twelve ( 1 2 ) months.
(v ) In all cases of permanent partial (Usability, not otherwise O t h e r in
specified in the foregoing schedule, the percentage o f disability juries,
to the total disability shall be determined. For the purpose o f
computing compensation a disability that is partial in character
but permanent in quality, the sum o f sixty dollars ($60) per month
for the period o f one hundred ( 1 0 0 ) months shall represent a
one hundred per cent ( 1 0 0 % ) disability.
In determining the percentage o f disability, consideration shall A g e, occupabe given, among other things, to any previous disability, the occu- tion> etc-* t o
pation o f the injured employee, the nature o f the physical injury, be consldered*
and the age o f the employee at the time of the in ju r y ; and the
compensation paid therefor shall be the percentage o f the dis
ability caused by the injury times fifty per cent (50 % ) o f the
average monthly wage,' not to exceed sixty dollars ($60) per
month, for one hundred ( 1 0 0 ) months during the life o f the in
jured employee. Whenever the monthly payments under this
subsection are so small that the payments thereof during the full
period w ill work a hardship on the beneficiary, or be o f no sub
stantial benefit, the period may be shortened and the payments
correspondingly increased in such manner that the same may be
of substantial benefit to the injured employee.
(w ) W here there is a previous disability as the loss o f one eye, Second in one hand, one foot, or any other previous permanent disability, ju ries,
the percentage o f disability for a subsequent injury shall be de
termined by computing the percentage o f the entire disability
and deducting therefrom the percentage of the previous disability
as it existed at the time o f the subsequent injury.
(x ) The commission may adopt a schedule for rating perma- P o w e r s of
nent disabilities and reasonable and proper rules to carry out the com m ission,
provisions o f this subsection.
270
w o r k m e n ’s
COMPENSATION LEGISLATION.
No compensation shall be payable for the death or disability o f
an employee, if his death be caused by, or in so far as his dis
ability may be aggravated, caused or continued by an unreason
able refusal or neglect to submit to or follow any competent and
reasonable surgical treatment or medical aid.
S ec. 7. Section 26 o f the above-entitled act * * *- is hereby
amended so as to read as fo llo w s :
S e c . 26. (a ) The follow ing persons shall be conclusively pre
Dependence.
sumed to be totally dependent for support upon a deceased em
ployee :
1. A w ife upon a husband whom she has not voluntarily
abandoned at the time o f the injury.
2. A husband, mentally or physically incapacitated from wage
earning, ‘upon a w ife whom he has not voluntarily abandoned at
the time o f injury.
3. [ ( a ) ] A natural, posthumous, or adopted child or children,
whether legitimate or illegitimate, under the age o f eighteen
years, or over that age, if physically or mentally incapacitated
from wage earning upon the parent with whom he or they are
living at the time o f the injury resulting in the death o f such
parent, there being no surviving parent. Step-parents may be
regarded in this act as parents, if the fact o f dependency is
shown, and a stepchild or stepchildren may be regarded in this
act as a natural child or children, if the existence and fact of
dependency is shown.
(b )
Questions as to who constitute dependents and the extent
o f their dependency shall be determined as o f the date o f the acci
dent or injury to the employee, and their right to any death bene
fit shall become fixed as o f such time, irrespective o f any subse
quent change in conditions, and the death benefits shall be di
rectly recoverable by and payable to the dependent or dependents
entitled thereto, or to their legal guardians or trustees.
Sec. 8 . Section 33 o f the above-entitled act is hereby amended
so as to read as fo llo w s :
S e c . 33. (a ) Every employer electing to be governed by the
R ep o rts
o f
provisions of this act, and every physician and surgeon who at
in ju ries.
tends an injured employee, within the purview o f this act, is
hereby required to file with the commission, under such rules
and regulations as the* commission may from time to time make,
a full and complete report o f every known injury to an employee
arising out o f or in the course o f his employment and resulting
in loss o f life or injury to such person. Such report shall be
furnished to the commission in such form and in such detail as
the commission may, from time to time prescribe, and shall make
special answers to all questions required by the commission
under its rules and regulations. It shall be unlaw ful for any
person, firm or corporation, agent or officer o f any firm or cor
poration, or any attending physician or surgeon to fail or refuse
to comply with any o f the provisions of this section ; and any
person, firm, or corporation, agent or officer o f * any firm or cor
poration, or physician or surgeon, who fails or refuses to comply
with the provisions o f this section, shall be guilty o f a misde
meanor for each and every offense, and, upon conviction thereof,
shall be punished by a fine of not less than fifty ($50) dollars nor
more than two hundred ($ 2 0 0 ) dollars.
(b )
Any physician, having attended an employee within the
purview o f this act, in a professional capacity, may be required
to testify before the commission when it shall so direct. In for
mation gained by the attending physician or surgeon, while in
attendance on the injured man, shall not be considered a privi
leged communication, i f required by the commission fo r a proper
understanding o f the case and a determination o f the rights in
volved.
(e)
Whenever any accident occurs to any employee, it shall be
the duty o f the employee to forthw ith report such accident and
the injury resulting therefrom to the employer, and it shall also
be the duty o f any physician employed by such injured employee
R e f u s i n g
m edical aid.
TEXT OF COMPENSATION LAWS— NEVADA.
to forthwith report such accident and the injury resulting there
from to the employer and to the Nevada Industrial Commission.
Whenever any accident occurs to any employee, and knowledge o f
same comes to the attention o f the employer by such report or
otherwise, the employer may at once designate, and send the
physician so chosen by such employer and authorized by such
employer in w ritin g; and the physician, so chosen, shall be per
mitted by the employee or any person or persons in charge o f
said employee to make one examination of said injured employee
in order to ascertain the character and extent o f the injury occa
sioned by such accident. Thereupon, it shall be the duty o f the
said physician, so chosen, to forthwith report to the employer and
to the Nevada Industrial Commission the character and extent o f
the said injury, as so ascertained by said physician.
(d )
I f the happening o f the said accident, or the infliction o f
sajd injury to said employee, shall not have been reported by said
employee or his said physician forthwith, as above described and
immediately after the happening o f said accident and injury, or
i f the said injured employee or those in charge of him (the injured
employee being a party to the refusal) shall refuse to permit the
employer’s physician, so chosen, to make such examination, no
compensation shall be paid for the injury so claimed to result
from said accident; but it shall be within the discretion o f the
Nevada Industrial Corpmission to relieve said injured person or
his dependents from such loss or forfeiture o f compensation, if the
said Nevada Industrial Commission shall be o f the opinion, after
investigation, that the circumstances attending the failure on
the part of the employee, or o f his physician, to report said acci
dent and injury are such as to have excused the said employee and
his physician for such failure to so report, and that such relieving
of the employee or his dependents from the consequences o f such
failure to report will not result in an unwarrantable charge
against said State insurance fund.
S e c . 10. The above-entitled act is hereby amended by adding an
additional section thereto to be known as section 34|, which shall
read as fo llo w s :
S e c . 34|. Notice o f the injury for which compensation is pay
N otice.
able under this act shall be given to the commission as soon as
practicable, but within thirty days after the happening o f the
accident. In case of the death of the employee resulting from such
injury, notice shall be given to the commission as soon as prac
ticable, but within sixty days after such death. The notice shall
be in writing and contain the name and address of the injured
employee and state in ordinary language the time, place, nature
and cause of the injury and be signed by said injured employee,
or by a person in his behalf, or in case o f death, by one or more o f
his dependents or by a person on their behalf. No proceeding
under this act for compensation for an injury shall be main
tained unless the injured employee, or some one in his behalf,
files with the commission a claim for compensation with respect
to said injury within ninety days after the happening of the
accident, or, in case o f death, within one year after such death.
The notice required by this section shall be served upon the com
mission, either by delivery to and leaving with it a copy o f such
notice, or by mailing to it by registered mail a copy thereof in a
sealed, postpaid envelope addressed to the commission at its office,
and such mailing shall constitute complete serv ice; the failure to
give such notice or to file such claim for compensation within the
time limit specified in this secton shall be a bar to any claim for
compensation under this act, but such failure may be excused by
the commission on one or more o f the follow ing grounds: ( 1 )
That notice for some sufficient reason could not have been made.
( 2 ) That failure to give such notice w ill not result in an unwar
rantable charge against the State insurance fund. (3) That the
employer had actual knowledge o f the occurrence o f the accident
resulting in such injury. (4) That failure to give notice was due
to employee’s or beneficiary’s mistake or ignorance of fact or o f
271
w o r k m e n 's
272
CO M PEN SATION LEGISLATION.
law, or o f his physical or mental inability, or to fraud, misrepre
sentation or deceit.
S e c . 10. T h e a b o v e -e n title d a c t is h e re b y a m e n d e d b y a d d in g
a n a d d itio n a l se c tio n th e re to to be k n o w n a s s e c tio n 40$, w h ic h
A ccou n ts
be au dited.
to
sh a ll re a d a s f o l l o w s :
S e c . 40$. It shall be
the duty o f the industrial commission board,
provided for by section 8 o f this act, annually or as often as t h e y
may deem necessary to make an audit o f all books o f accounts and
record and o f funds and securities o f the Nevada Industrial Com
mission, and said industrial commission board is authorized to
employ and fix the compensation o f a competent accountant for
the purpose o f making such audit or audits, the expenses thereof
to be paid out o f the State insurance fund.
S e c . 10$. Section 37 o f the above-entitled act is hereby re
pealed.
Approved March 27, 1917.
NEW JERSEY.
ACTS OF 1917.
C h apter
178.— W orkm en’s compensation insurance.
S e c t io n 1. This act shall be known as the workmen’s compensation insurance a € t
A r t ic l e
Title,
I.
S e c . 2. Any employer, except the State or a municipality, or
Insurance re
county or school district, who by agreement, express or implied, Quired.
is now or hereafter becomes subject to the provisions o f section
two o f an act entitled “ An act prescribing the liability o f an em
ployer to make compensation for injuries received by an em
ployee in the course o f employment, establishing an elective
schedule o f compensation and regulating procedure for the deter
mination o f liability and compensation thereunder,” approved
A pril fourth, one thousand nine hundred and eleven, and the
amendments thereof and supplements thereto, hereinafter referred
to as the workmen’s compensation act, as therein provided, shall
forthw ith make sufficient provision for the complete payment o f
any obligation which he may incur to any injured employee or
his dependents under the provisions o f section two o f said w ork
men’s compensation act, by one o f the follow ing methods, as here
inafter set forth in sections three and four o f this a c t; and he
shall, upon demand, file with the commissioner o f banking and
insurance proof in such „ form s as hereinafter set forth. Any
corporation, firm, or person, refusing or failing to comply shall,
for each offense, be liable to a penalty o f fifty dollars, to be re
c o v e r e d in an action o f debt, brought by the c o m m issio n e r o f
banking and insurance, in the name o f the State o f New Jersey.
Each failure to comply shall be regarded as a separate offense.
S e c . 3. Providing the employer can reasonably satisfy the comS e l f-insurmissioner o f banking and insurance as to the permanence a n d ance*
financial standing o f his business, he may carry his own liability
insurance. An employer desiring to be exempt from insuring
the whole or any part o f his liability for compensation shall make
application to the commissioner o f banking and insurance show
ing his financial ability to pay such compensation, whereupon
the commissioner o f banking and insurance, if satisfied o f the
applicant’s financial ability, shall by written order make such
exemption. The commissioner o f banking and insurance may,
from time to time, require further statements o f the financial
ability o f such employer, and, if at any time in the opinion o f the
commissioner o f banking and insurance such employer appear
no longer able to pay compensation, the commissioner shall revoke
his order granting exem ption; in which case the employer shall
immediately insure his liability in a mutual association or other
insurance company. Any employer providing insurance according
to the provisions o f this section may, for his own protection, rein
sure the whole or any part o‘f his risk. Such contract o f insur
ance shall operate only between the employer and his insurance
carrier, and shall not be subject to any o f the provisions o f this
act.
S e c . 4. Every employer not operating under section three o f
Stock, etc„
this act as hereinbefore set forth shall insure and keep insured comPanies*
his liability in any stock company or mutual association* au273
45615°— Bull. 243— 18------ 18
w o r k m e n 's
274
F ailu re
Insure.
t o
Notice.
C ancellation
o f con tracts.
Employer
liable.
P rovisio n s of
con tracts.
Sam e.
c o m p e n s a t io n
l e g is l a t io n
.
thorized to engage in workmen’s compensation or employer’s
liability insurance in this State. I f insurance be affected by
either method mentioned in this section, said insurance company
or mutual assocation shall file with the commissioner o f banking
and insurance a notice setting forth the name o f such insurance
company, its principal office in this State, together with a copy of
the policy o f insurance and copies o f all endorsements attached
and such other data in relation thereto as the commissioner of
banking and insurance may require.
S e c . 5. Any employer who shall fail to provide the protection
prescribed in this act within ninety days after it becomes effective
shall be liable to a fine of not more than one dollar for each of
his employees per day, not to exceed one hundred dollars per
day for the period such failure shall continue, recoverable by the
commissioner o f banking and insurance in the name o f the State
o f New Jersey, in an action o f debt.
S e c . 6 . E v e r y e m p lo y e r w h o h a s co m p lie d w ith th e p ro v is io n s
o f th is a c t s h a ll p o st an d m a in ta in in a c o n sp icu o u s p la ce or
p la ce s in an d ab o u t h is p la ce or p la ce s o f b u s in e s s , ty p e w r itte n or
p rin te d n o tic e s s ta tin g th e f a c t th a t he h a s se cu re d th e p a y m e n t o f
c o m p e n sa tio n to h is e m p lo y e e s and th e ir d e p e n d e n ts in acc o rd a n c e
w ith th e p r o v isio n s o f th is act, a n d s h a ll n a m e th e c o m p a n y or
co m p a n ies in su rin g h is lia b ility , or s h a ll s ta te th e f a c t th a t th e
e m p lo y e r h a s q u alifie d b e fo re th e c o m m is s io n e r o f b a n k in g an d
in su ra n c e fo r th e c a r r y in g o f h is o w n lia b ility .
S e c . 7. No contract of insurance issued by a stock company or
mutual association against liability arising under the said w ork
men’s compensation act shall be canceled within the time limited
in such contract for its expiration, until at least ten days after
notice of cancellation of such contract on a date specified in such
notice shall be filed in the office of the commissioner o f banking
and insurance, and also served on the employers. Such notice
shall be served on the employer by delivering it to him or sending
it by registered letter, addressed to the employer at his or its
last known place of business: Provided, That if the employer be
a partnership, then such notice may be so given to any one o f the
partners, and if the employer be a corporation, then the notice
may be given to the agent or any officer o f the corporation upon
whom legal process may be served.
S e c . 8 . An employer securing the payment o f compensation by
any o f the methods prescribed in section fou r o f this act not
withstanding, shall be liable primarily for the payment o f proper
compensation for personal injuries or death sustained by his
employees. The employer shall have recourse for the amount
thereof against his insurance carrier. But the insurance carrier
shall be directly liable to the injured employee, or his dependents,
in event of the death, insolvency, bankruptcy or other proceedings,
as a result of which the conduct o f the employer’s business may be
and continue to be in the charge o f an executor, administrator,
receiver, trustee or assignee.
S e c . 9. E v e r y c o n tr a c t o f in su ra n c e c o v e r in g th e lia b ilit y o f
an e m p lo y e r fo r c o m p e n sa tio n to in ju r e d e m p lo y e e s o r th e ir d e
p e n d e n ts, u n d e r th e p ro v isio n s o f se c tio n tw o o f th e s a id w o r k
m e n ’s c o m p e n sa tio n a c t, h e r e a fte r w r itte n b y a s to c k c o m p a n y or
a m u tu a l a sso c ia tio n , sh a ll p ro v id e , or be c o n str u e d to p ro v id e ,
th a t it is m a d e fo r th e b enefit o f th e se v e r a l e m p lo y e e s o f th e
in su re d e m p lo y e r an d th e ir dep e n d e n ts, a n d th a t su c h c o n tr a c t
m a y be e n fo rc e d b y a n y o f such e m p lo y e e s or th e ir d ep e n d e n ts,
su in g th e re o n in h is or th e ir n a m e s a s th o u g h d is tin c tly m a d e
p a r ty th e re to .
S e c . 10. E v e r y such c o n tr a c t s h a ll fu r th e r p ro v id e , or be con
stru e d to p ro v id e , th a t a n y in ju r e d e m p lo y e e or h is d ep e n d e n ts
m a y e n fo rc e th e p ro v isio n s th e r e o f to h is or th e ir benefit, e ith e r
b y "a g re e m e n t w ith th e e m p lo y e r a n d th e in s u ra n c e c a rr ie r, in
e v e n t th a t c o m p e n sa tio n be se ttle d b y a g re e m e n t, or b y jo in in g
th e in su r a n c e c a rr ie r w ith th e e m p lo y e r in h is p e titio n filed fo r
th e p u rp ose o f e n fo r c in g h is c la im fo r c o m p e n sa tio n , or b y su b se -
TEXT OP COMPENSATION LAWS— N E W JERSEY.
275
guent application to the court o f common pleas, upon the failure
o f the employer, for any reason, to make adequate and continuous
compensation payments.
S e c . 11. Every such contract shall provide, or be construed to
Effect of noprovide, that, as between the employee and the insurance carrier, t i c e to emthe notice to or knowledge o f the occurrence of the injury on the Ploy®rpart of the employer shall be deemed notice or knowledge, as the
case may be, on the part o f the insurance ca rrie r; that ju ris
diction o f the employer shall, for the purpose o f this act, be
jurisdiction o f the insurance carrier, and that the insurance car
rier shall in all things be bound by an4 subject to the orders,
findings, decisions or awards rendered against the employer for
the payment o f compensation.
S e c . 12. Every such contract shall provide, or be construed to
D eath ,
inprovide, that, upon the death, insolvency or bankruptcy of the solvency> etc.
insured employer, or upon his assignment for the benefit o f cred
itors, the insurance carrier shall immediately become directly
liable for all compensation payments due to any injured employee
or his dependents by virtue o f prior agreement or award until
completion thereof, or that may thereafter become due during the
period for which the requisite premiums have been paid by such
employer.
S e c . IB. Nothing herein contained shall be held to apply to a
self-insurers,
contract for insurance between an insurance carrier and an em
ployer who has provided self-insurance.
S e c . 14. N o p o lic y o f in su ra n ce a g a in s t lia b ility a r is in g u n d e r
L im ita tio n s
th is a c t s h a ll co n ta in a n y lim ita tio n s o f th e lia b ility o f th e in s u re r forbidden,
to an a m o u n t le ss th a n th a t p a y a b le b y th e in su re d on ac c o u n t o f
th e r isk in su re d a g a in st u n d e r th is act, nor s h a ll a n y such p o lic y
c o n ta in a n y lim ita tio n o f th e to ta l lia b ility o f th e in su re r b e ca u se
o f in ju r ie s to tw o or m ore p e rso n s in a sin g le accid e n t, nor s h a ll
a n y su ch p o lic y o f in su ra n c e or a n y in d o rse m e n t th ereo n in s u re
th e e m p lo y e r a g a in st a n y lia b ility w h a tso e v e r o th er th a n lia b ility
a r is in g u n d e r th is act, nor sh a ll a n y ac tio n s be m a in ta in e d fo r th e
c o llec tio n o f p re m iu m s on a n y p o lic y v io la tin g th is a c t ; b u t a
p o lic y m a y be issu ed to an e m p lo y e r in su rin g him a g a in s t h is
lia b ility u n d e r th is a c t upon a n y p a r tic u la r . b u sin ess, p la n t, or
e m p lo y m e n t ca rrie d on b y h im , p ro v id e d th a t a ll oth e r b u s in e s s e s
p la n s , or e m p lo y m e n ts c a rr ie d on b y th e sa m e e m p lo y e r are in
su re d or e x e m p te d a s p ro v id e d fo r in th is act.
S e c . 15. Every insurance company or mutual association which ti(£ g asst1cf i c ? '
insures employers against liability for compensation under this be ^led? ’* °
act shall file with the commissioner o f banking and insurance its
classifications of risks and premiums and rules pertaining thereto,
together with the basis rate and system o f merit or schedule
rating, which system o f merit or schedule rating shall be applied
as hereinafter provided. Neither classifications nor risks, rules
pertaining thereto, basis rates, -nor system of merit or schedule
rating shall take effect until the commissioner of banking and
insurance shall have approved the classifications, rules, basis
rates, and system o f merit or schedule rating, as reasonable and
adequate for the risks to which they respectively apply. The
commissioner o f banking and insurance may withdraw his ap
proval of any classification, rule, basis rate, or system o f merit
oi* schedule rating i f he shall find that such classification, rule,
rate or system of merit or schedule rating is unreasonable or in
adequate for the risk to which they respectively apply. To secure
the impartial application of the approved classifications, rules,
rates, or system of merit or schedule rating, the commissioner o f
banking and insurance is hereby authorized to create, organize,
and supervise such rate, and inspection bureau or bureaus with
such jurisdiction under his supervision as hereinafter provided.
No insurance company or mutual association writing workmen’s
compensation or employer’s liability insurance in this State under
this act shall issue, renew, or carry any insurance for compen
sation under this act, except in accordance with the classifications,
rules, basis rates, and system of merit or schedule rating approved
276
w o r k m e n 's
CO M PENSATIO N .LEGISLATION.
by the commissioner o f banking and insurance as aforesaid and
applied by the rating and inspection bureau or bureaus: Provided,
how ever, That any departure from the basis rate filed with and
approved by the commissioner o f banking and insurance on ac
count o f the application o f a system o f merit or schedule rating
approved by the commissioner o f banking and insurance shall be
clearly set forth in the insurance contract or indorsements at
tached thereto.
A r t i c l e II.
and
S e c t i o n 1. There is hereby created under the supervision of the
bu- commissioner o f banking and insurance, in order to carry out the
reau*
purposes o f this act, a bureau to be known as the Compensation
Rating and Inspection Bureau o f New Jersey, with the follow ing
objects, functions and sources o f incom e:
(a ) To maintain rules, regulations and premium rates for
workmen’s compensation insurance and equitably adjust the tame,
as far as practicable, to the hazard o f individual risks, by inspec
tion by the bureau.
(b ) To adopt means for assuring uniform and accurate audit
o f pay rolls on policies by pay-roll auditors, appointed by the
bureau under the supervision of the Compensation Rating and In
spection Bureau o f New Jersey, with the approval o f the com
missioner o f banking and insurance.
(c ) To furnish upon request o f any employer in the State of
New Jersey or to any member o f the Compensation Rating and
Inspection Bureau o f New Jersey, upon whose risk a compensation
rate has been promulgated, inform ation as to such rating, includ
ing the method o f its computation, and to encourage employers to
reduce the number and severity o f accidents by offering reduced
premium rates for improved working conditions under such uni
form system of merit or schedule rating as may be approved by
the commissioner o f banking and insurance o f the State o f New
Jersey.
C om panies to
S e c . 2. Before the commissioner o f banking and insurance shall
becom e
m em - grant permission to any mutual association or stock company to
berswrite compensation or liability insurance in this State, it shall
be a requisite that they shall become members o f the Compensa
tion Rating and Inspection Bureau o f New Jersey.
(a )
Each member o f the compensation rating and inspection
bureau writing the workmen’s compensation or liability insurance
in the State o f New Jersey shall, as a requisite thereto, be repre
sented in the aforesaid bureau and shall be entitled to one repre
sentative and one vote in the administration o f the affairs o f the
bureau.
R ules.
(b ) The bureau when created shall adopt such rules and regu
lations for its procedure and provide such income as may be neces
sary for its maintenance and operation.
C hairm an.
( c ) The commissioner o f banking and insurance o f the State o f
New Jersey shall appoint a special deputy to be ex officio chair
man o f the Compensation Rating and Inspection Bureau o f New
J ersey ; in his absence or inability to serve, such further person
as designated by the commissioner o f banking and insurance shall
preside in his stead.
Officers.
(d ) All officers, members o f committees and employees o f the
Compensation Rating and Inspection Bureau o f New Jersey shall
be subject to the approval and ratification of the commissioner
o f banking and insurance.
A c tu a ry .
S e c . 3 . In order to carry into effect the object o f this act, the
commissioner o f banking and insurance is authorized to employ an
actuary and such additional assistance in his department as is
necessary, and fix their compensation, and the commissioner o f
banking and insurance is hereby authorized to compel the pro
duction o f all books, data, papers, and records relating to, or
bearing upon such data as is necessary for the actuary to compile
statistics for the purpose o f determining the pure cost o f work
men’s compensation insurance in New Jersey, and this inform ation
R a tin g
inspection
TEXT OF COM PENSATION LAW S— N E W JERSEY.
277
shall be available and [sic] for the use of the compensation rating
and inspection bureau for the compilation and promulgation o f
rates for workmen’s compensation insurance.
S e c . 4. I f an d w h e n a n y c la s s or c la sse s o f e m p lo y e r s or e m Excepted
p lo y e e s s h a ll b e e x c e p te d fr o m th e p ro v isio n s o f se c tio n tw o o f th e classesw o r k m e n ’s c o m p e n sa tio n a c t b y a n a c t o f th e le g is la tu r e , p re p a re d
f o r th a t p u r p o se fr o m th e d a te w h e n su c h a c ts s h a ll b eco m e
e ffe c tiv e , su c h e m p lo y e r s a s m a y b e th e re b y e x c e p te d s h a ll th e re
u pon a n d fr o m th e n c e fo r w a r d , b y th is p ro v isio n o f th is act, be
lik e w is e e x c e p te d fr o m th e p r o v isio n s h e re o f.
S e c . 5. Nothing in this act contained shall apply to any emF a rm
a n d
ployer o f farm laborers or domestic servants.
dom estic labor.
S e c . 6. I f a n y p a r t o f th is a c t b e a d ju d g e d u n c o n s titu tio n a l, it
P r o v i s i o n :,
s h a ll n o t in v a lid a te th e re m a in d e r o f th is a c t.
severable.
Approved March 27, 1917.
262.— ’Workmen'’s compensation insurance—Application
of laiv.
C hapter
S e c t i o n 1. The provisions o f a bill pending entitled “ An act
Existing
concerning the compulsory insurance o f compensation payments tra cts,
arising under section two o f the act entitled ‘An act prescribing
the liability o f an employer to make compensation for injuries re
ceived by an employee in the course o f employment, establishing
an elective schedule o f compensation, and regulating procedure
for the determination o f liability and compensation thereunder,’
approved April fourth, one thousand nine hundred and eleven,”
hereinafter referred to as the workmen’s compensation act, are
hereby extended to and shall be applicable to and control all con
tracts o f employment existing or which shall hereafter exist under
the provisions o f section one o f the said workmen’s compensation
act, provided said bill becomes a law.
Approved March 31, 1917.
con-
ACTS OF 1918.
C h apter
149.— Workmen's compensation bu?*eau.
1. There is hereby created in the department o f labor W o r k m e n ’ s
a bureau to be known as the W orkmen’s Compensation Bureau .£ ° m P ensation
Such bureau shall be composed o f the commissioner o f labor, who Members,
shall act as chairman thereof, for which service he shall receive
the sum o f fifteen hundred dollars per y e a r ; three deputy com
missioners o f compensation, one o f whom shall be its secretary,
and such referees and other employees as may, in the judgment
o f the commissioner o f labor, be necessary.
S e c . 2. The deputy commissioners, secretary o f said bureau, D epu ties and
referees and other employees shall be appointed by the commis- a ssista n ts,
sioner o f labor in accordance with the provisions o f an act en
title d “ An act regulating the employment, tenure, and discharge
o f certain 'officers and employees o f this State, and o f various
counties and municipalities thereof, and providing for a civil
service commission, and defining its powers and duties,” ap
proved April tenth, one thousand nine hundred and eight: Pro- p ro v iso .
videdy however, That the secretary and referees now holding office
in the workmen’s compensation aid bureau shall be appointed
deputy commissioners o f compensation, and the other employees P resen t emo f the workmen’s compensation aid bureau shall be transferred PlQyeesto such positions in the bureau created by this act as the com
missioner o f labor shall direct, and shall continue as employees
o f said last-mentioned bureau, unless removed in accordance with
the provisions o f the act aforesaid. The salaries o f the deputy Salaries,
commissioners, referees and other employees shall be fixed by the
commissioner o f labor.
S e c . 3. The commissioner o f labor, the deputy commissioners
J u risd iction ,
and the referees appointed under this act, either sitting indiS e c t io n
278
W OBKM EN '& COMPENSATION' LEGISLATION.
vidually or together, shall have exclusive original jurisdiction o f
all claims for' compensation arisiilg under the act to which this
act is a supplement, and the acts amendatory thereof and supple
mental thereto.
S e c . 4. Whenever an employer or his insurance carrier and an
Copy
of
a g r e e m e n t injured employee, or the dependents o f a deceased employee, shall,
filed.
by agreement, duly signed, settle upon and determine the com
pensation due to the injured employee, or to the dependents of a
deceased employee, as provided by law, the employer or the in
surance carrier shall forthwith file with the bureau a true copy
o f such agreement. Such agreement shall not bind the employer
or injured employee, or the dependents o f a deceased employee,
A p p rov al.
unless approved by the bureau. I f an agreement for law ful and
adequate compensation, approved by the bureau, is not filed within
twenty-one days after the date o f the happening o f the injury,
P r i c u «in g the bureau shall, so far as practicable, endeavor to bring about a
settlem en t.
settlement o f the pending claim. I f no petition is filed by the in
jured employee, or the dependents o f a deceased employee, the
bureau may institute an inquiry on its own motion, to determine
the reasons for the failure to agree as to compensation, and may,
either before or after the institution o f such inquiry, with the
consent o f the injured employee, or the dependents o f a deceased
employee file a petition for compensation. When such petition is
filed by said bureau, on its own initiative, the subsequent pro
ceedings shall be the same as is hereinafter set forth in cases
where the claimant files a petition.
S e c . 5. Every claimant for compensation under the act to which
Claim within
a year.
this act is a supplement [chapter 95, Acts o f 1911], or its supple
ments or amendments, shall, unless a settlement is effected or an
application made to the bureau, or a petition filed under the pro
visions of section four, file a petition in duplicate with the secre
tary o f said bureau in his office, at the statehouse, in Trenton,
within one year after the date on which the accident occurred,
or in case an agreement for compensation has been made between
such employer and such claimant, then within one year after the
failure o f the employer to make payment pursuant to the terms
o f such agreem ent; or in case compensation has been paid by
such employer, then within one year after the last payment o f
compensation. A payment, or agreement to pay by the insurance
carrier, shall for the purpose o f this section be deemed a payment
The petition shall state the re
Petition
to or agreement by the employer.
spective addresses o f the petitioner and o f the defendant, and
show what.
shall be in the form now required by the act to which this act
is a supplement. Said bureau shall prepare and print form s o f
petitions and shall furnish assistance to claimants in the prepara
tion o f such petitions, when requested so to do.
S e c . 6 . WTithin five days after the filing o f such petition, or as
soon thereafter as is practicable, the secretary shall cause a copy
of such petition to be served upon such employer by a process
server o f said bureau in the manner now provided by law for
the service o f summons. Annexed to said copy so served shall be^
A n sw er.
a notice directing the employer to file his answer thereto with
the secretary o f said bureau within the time now or hereafter
limited by the act to which this act is a supplement for the filing
o f answers. The answer shall state the address o f the defendant
and shall be in the form now required by the act to which this act
is a supplement.
H earin g.
S e c . 7. WTithin ten days after the filing o f said answer, or in
case no answer is filed, within ten days after the expiration of
the time for filing an answer, the secretary o f said bureau shall
fix a time when and a place where he shall hear said petition,
or shall send a transcript o f the petition and answer to the com
missioner o f labor, a deputy commissioner or one o f the referees,
in which case such commissioner o f labor, deputy commissioner,
or such referee, within fifteen days after the filing o f said answer,
shall fix a time and place for the hearing o f said petition. Such
time sliall be not less than four weeks nor more than six weeks
TEXT OF COM PENSATION LAW S---- N E W JERSEY .
279
after the filing o f said petition. Such petition shall be heard
either in the county in which the injury occurred or in which the
petitioner or defendant resides, or in which the defendant’s place
o f business is located, or in which such defendant may be served
with process. When a time and place has been fixed for such
N otice
o t
hearing, the commissioner o f labor, deputy commissioner, or the hearing.
referee to whom the cause has been referred shall give at least ten
days’ notice to each party o f the time and place for hearing. The
commissioner o f labor, deputy commissioner, or any referee to
whom any cause has been referred, shall have power to adjourn
the hearing thereof from time to time in his discretion.
Service
o f
S e c . 8. It shall be sufficient service o f any paper, except the
original notice to the defendant, if the same is sent by registered papers.
mail, addressed to the petitioner at the address contained in said
petition, or to the defendant at the address contained in said
answer.
Evidence.
S e c . 9. At such hearing evidence, exclusive o f ex parte affidavits,
may be produced by both parties, but the official conducting
such hearing shall not be bound by the rules of evidence.
Procedure.
S e c . 10. The procedure for the determination o f claims by said
bureau, except as herein otherwise provided, shall be conducted
in the manner provided by the act to which this act is a supple
ment, and its supplements and amendments. The commissioner
Power
to
o f labor, each deputy commissioner, and each referee shall have m odify aw ard.
the same power as the court o f common pleas under the act to
which this act is a supplement, to modify any award o f com
pensation and to provide for the commutation o f any such
award.
S tatem en t.
S e c . 11. A statement containing the date and place o f hearing,
the names o f the witnesses summoned, and the substance of the
testimony of each witness, together with the judgment o f the com
missioner, secretary, or referee, shall be legibly written in ink
or typewritten and filed in the office o f the secretary at Trenton,
by the officer hearing said cause, within fifteen days after such
judgment, which statement, together with the petition and answer,
s? *- t i l 1 constitute the record of the cause. A copy of the judgment Ju dgm en t to
o f the commissioner, deputy commissioner, or referee, if such be filed.
judgment results in an award to the petitioner, shall, as soon as
practicable after the same is rendered, be filed in the office o f the
clerk o f the county in which the hearing was held, and when
so filed shall have the same effect and may be collected and
docketed in the same manner as judgments o f the court o f com
mon pleas under the act to which this act is a supplemnet. The
secretary shall, within fifteen days after the rendering of the
judgment, mail to each o f the parties a statement of the sub
stance o f such judgment. The judgment o f the said bureau shall B a r to other
be final and conclusive between the parties and shall bar any action.
subsequent action or proceeding, unless reopened by the said
bureau or appealed as hereinafter provided.
S e c . 12. The secretary of said bureau shall keep a docket in
D ocket.
which shall be entered the title o f each cause, the date o f the
determination thereof, and the filing o f the judgment with the
county clerk, if such judgment is filed, the date of appeal, if any,
and the date on which the record in case o f appeal was trans
mitted to the clerk o f the court o f common pleas. The secretary Records.
shall also file the record o f each case left with him by a referee
or the commissioner, and shall keep a card index o f such record
in such manner as to afford ready reference thereto. Such rec
ords shall be open to the inspection o f the public.
Sec. 13. The commissioner of labor, each deputy commissioner, P o w e r of
and each o f the referees shall have the same power as the court court.
o f common pleas to issue subpoenas to compel the attendance of
witnesses and the production o f books and papers. The fees for W itn e s s fees.
the attendance o f witnesses shall be such as are now provided
for the attendance o f witnesses in other civil cases, and shall be
paid by the party arranging for the attendance o f such witnesses.
Subpoenas.
Such subpoenas shall be authenticated by the seal o f the depart-
2§0
w o r k m e n ’s
CO M PENSATIO N LEGISLATION.
ment o f labor, and either party to any such proceeding may,
wathout charge, secure subpoenas from the commissioner o f labor, *
a deputy commissioner, or any referee. The failure o f any w it
ness, when duly subpoenaed, to attend or give testimony shall be
punishable by the court of common pleas in the same manner as
such failure is punishable by such court in a case therein pending.
Administer- Sec. 14. The commissioner o f labor, eac£ deputy commissioner,
ing oaths.
an(j eack referee shall have power to administer oaths. Any
person who, having been sworn as a witness in any such pro
ceeding, shall w illfully give false testimony shall be guilty o f
perjury.
Public hearSec. 15. All hearings conducted under this act shall be open
in» s*
to the public.
S e c . 16. Neither party shall pay any fees for filing any papers
F ilin g fees.
with the said bureau, or w ith the secretary thereof, and the clerk
o f aily county shall file any papers required by this act to be filed
with such clerk without the payment o f any fee.
fo r
S e c . 17. The commissioner o f labor and the deputy commis
R ules
. hearings.
sioners may make such rules and regulations for the conduct o f
such hearing not inconsistent with the provisions o f this act or
o f the act to which this act. is a supplement, as may, in his judg
ment, be necessary. The official conducting any hearing under
C osts.
this act may, in his discretion, allow to the party in whose favor
judgment is entered, costs o f witness fees and a reasonable attor
ney fee when, in his judgment, the services o f an attorney were
necessary for the proper presentation o f the case.
D eposition of
Sec. 18. The deposition o f any witness whose attendance before
absen t w itn ess, said bureau cannot be secured by reason o f his absence from the
State, or by reason o f his physical inability to attend such hear
ing may be taken upon order o f the official to whom said cause
has been referred. In any such case the procedure for taking
such depositions shall conform as nearly as practicable with the
procedure outlined in the act entitled “ An act concerning evi
dence (Revision o f 1900),” approved March twenty-third, one
thousand nine hundred.
S e c . 19. Either party may appeal from the judgment o f said
A p pea ls.
commissioner, deputy commissioner or referee, to the court o f
common pleas o f the county in which such hearing was held, by
filing with the secretary o f said bureau, and with the clerk of the
county where such hearing was held, a notice o f appeal. Such
N otice.
notice shall be filed within thirty days after such judgment has
been rendered and shall briefly describe such judgment and state
N o t i c e a the intention o f the party to appeal therefrom. The filing o f such
sta y .
notice shall stay the execution of the judgment until the deter
mination or dismissal o f said appeal. The appellant shall, within
five days after the filing o f a notice o f appeal, send to the clerk o f
the court o f common pleas of the county in which such hearing
T ra n scrip t of was held, a transcript of the record in said cause, which transcript
record.
shall be furnished the said appellant by the secretary o f the
bureau upon the payment of a fee to be fixed by the commis
sioner o f labor, not to exceed the sum of ten cents per folio.
H earing ap- W ithin five days after the filing o f said transcript, the judge o f
peal.
the court o f common pleas, upon the application o f the appellant,
shall fix a time and place for the hearing o f said appeal, at least
ten days’ notice o f which shall be served upon the respondent by
T r ia l.
the appellant. The trial o f such appeal shall be a trial de novo,
in which the court o f common pleas shall in all things follow
the procedure prescribed in the act to which this act is a supple
ment, and the judgment o f said court o f common pleas on any
such appeal shall have the same effect and be collected and dock
eted in the same manner as judgments o f said court under the
Counsel.
act to which this act is a supplement. In case the respondent in
said appeal is unable to pay counsel, the judge o f the court of
common pleas shall assign counsel to represent such respondent.
D ism issa l of Any such aPPeai maY be dismissed by the judge o f the court o f
ap peal.
common pleas if the transcript o f the record is not transmitted,
or if the appeal is not prosecuted in accordance with the provi
sions o f this act.
TE X T OF COM PENSATIO N LAW S— N E W JERSEY.
281
S e c . 2 0 . The said court o f common pleas may, in its disereA tto r n e y ’s
tion, allow a reasonable attorney fee to the party prevailing in
*
th e trial o f such appeal, which fee may be taxed in the costs and
recovered against the unsuccessful party.
S e c . 21. In case any portion whatsoever of this act shall be adV a lid ity
of
judged to be unconstitutional, it shall not invalidate the rem ain-act*
ing portions o f said act, but shall be regarded as severable there
from.
S e c . 22. An act entitled “ An act creating a workmen’s comAct repealed,
pensation aid bureau in the department o f labor,” approved
March fifteenth, one thousand nine hundred and sixteen [chapter
541, is hereby repealed.
Approved February 28, 1918.
C h a p t e r 2 0 3 . — Workmen's
compensation bureau— Employees leav
ing no dependents.
S e c t i o n 1. The employer o f every person who shall die as a
P a ym en t tg
result o f an accident arising out o f and in the course o f his sta*e if no de
employment, and wTho shall leave no dependents entitled to com- Pen(3ent:spensation under the provisions o f chapter ninety-five o f the Session
Laws of one thousand nine hundred and eleven, shall, in case the
dependents o f such employee would have been entitled to com
pensation under said act had such employee left dependents, pay
to the commissioner o f labor the sum o f four hundred dollars, A m o u n t,
which sum shall be paid by the commissioner o f labor to the
state treasurer. Such sum shall be recoverable by an action at
law in the name o f the State by the commissioner o f labor against
such employer in any court having jurisdiction of such action.
All moneys collected under the provisions o f this act shall be used
u se
of
by ,th e commissioner o f labor exclusively for the purposes men- m oneys,
tioned in an act * * * [chapter 149, acts o f 1918].
Nothing in this section contained shall apply to any employer D o e s n o t
who shall not have accepted by agreement, either express or im- aPP15r>when*
plied, the provisions o f section two o f chapter ninety-five o f the
Session Laws o f one thousand nine hundred and eleven, as
herein provided, and the acceptance of said section two, or the
continuance thereunder after the taking effect o f this act, shall
be deemed .an acceptance o f all o f the provisions o f this section.
Nothing in this section contained shall relieve the employer
N o t to refrom any payments which he is required to make under chapter l ieve em ployer
ninety-five of the Session Laws o f one thousand nine hundred and merits! p a y*
.eleven, or any act amendatory thereof or supplemental thereto.
S e c . 2. Before any action for the recovery of such sum shall be
P u b l i c a t io n
commenced by the commissioner of labor, he shall advertise, at of death,
least once in each week for four weeks (four insertions), in at
least one newspaper published in the county in which the deceased
employee resided at the time o f such accident, or, in case such
deceased employee resided out o f this State at said time, or his
place o f residence can not be ascertained, then either in the county
in which the accident occurred or in which place of business of
the employer is located, a notice in the follow ing fo r m :
“ To the dependents o f _____________________ (naming the de
ceased employee) :
“ Take notice t h a t ______________________ (name o f deceased em- N otice.
ployee) died on t h e ______ day o f _______ ____ (date o f death),
as the result of* an injury received while employed by___________
_____ _____ (name o f em ployer). This notice is given in order
that any dependents o f s a i d ___________________ _ (name o f em
ployee) may take advantage of the provisions o f chapter ninetyfive, P. L. one thousand nine hundred and eleven, within the time
required by law.
“ Commissioner o f Labor,
“ Statehouse, Trenton, N. J.”
w o r k m e n 's
282
P r o o f not re
quired.
S ubsequ en t
claim s.
R ecovery.
R e p a ym en t
to em ployer.
V a lid ity
a ct.
o f
E x em ption s.
c o m p e n s a t io n
l e g is l a t io n
.
Siy\ ?>. No proof o f the fact that said deceased employee left
no dependent entitled to compensation under chapter ninety-five
o f the Session Laws o f one thousand nine hundred and eleven,
or its supplements or amendments, shall be required on the part
o f the commissioner of labor in any action brought to recover said
sum o f four hundred dollars, if proof o f publication of the above
notice under oath is annexed to the complaint filed in any such
action.
S e c . 4. In case any dependent o f such deceased employee shall
make any claim to compensation under chapter ninety-five o f the
Session Laws o f one thousand nine hundred and eleven, or its
supplements or amendments, after payment o f said sum o f four
hundred dollars by the employer o f any such deceased employee
to the commissioner of labor, as aforesaid, such dependent shall
be entitled to recover from said employer as though this act had
not been p a ssed; but in any such event, the said employer, upon
proving to the said commissioner o f labor that he has made a
valid agreement to make compensation to said defendent in
the manner required by said chapter ninety-five o f the Session
Laws o f one thousand nine hundred and eleven, or its supple
ments or amendments, or that judgment has been entered against
him in a proceeding under said act to enforce such compensa
tion, shall be entitled to receive repayment o f such sum o f four
hundred dollars by the state treasurer from the said fund, which
repayment shall be made upon the certificate o f the commissioner
o f labor, indorsed with the approval of the attorney general.
Sec. 5. In case any portion whatsoever o f this act shall be
adjudged to be unconstitutional, it shall not invalidate the re
maining portions o f said act, but shall be regarded as severable
therefrom.
S e c . 6 . This act shall not apply to employers of domestic help
or farm labor.
Approved March 4, 1918.
NEW MEXICO.
ACTS OF 1917.
C hapter
83.— Compensation o f workmen fo r injuries.
S e c t i o n 1. This act shall be known as the workmen’s compenTitle,
sation act.
S e c . 2. Whenever any person, firm or corporation engaged in
^ct applies,
carrying on, for the purpose of business, trade or gain, within when,
this State, either or any o f the extra hazardous occupations or
pursuits herein named or described and intended to be affected
hereby, shall employ therein as many as four workmen, except as
hereinafter provided, such employer shall become liable to, and
shall pay to any such workman injured by accident arising out
o f and in the course of his employment in any such occupation
and pursuit, and, in case o f his death being occasioned thereby, to
such person as may be appointed by the court to receive the same
for the benefit of his dependents, compensation in the manner and
amount, and at the times, herein required, in event previous to the
occurrence o f such injury, such employer and injured workman
have by an agreement, either express or implied, accepted and
agreed to be bound by this a ct: Provided, That if any such in
ju ry so occurs to any such workman in such service while at work
upon any derrick, scaffolding, pole or other structure ten feet or
more above the surface o f the ground, this act shall apply without
regard to the number o f workmen employed at the tim e : Pro
vided, That an employer engaged in any occupation or pursuit not
included among the extra hazardous employments herein de
scribed, and the workmen employed by him may become subject
to this act by written agreement filed in the office o f the clerk
of the district court o f the county in which such occupation or
pursuit is carried on.
S e c . 3 . Every such employer engaged in any such occupation
G u aran ty of
shall file in the office of the clerk of the district court for the Payments,
county in which such workman, is, or it is contemplated at the
time o f such agreement such workman is to be employed, pre
vious to or within thirty days, after having made any such agree
ment, express or implied, with sufch workman (unless the judge of
sucli district court shall, by order duly filed in the office o f said
clerk, extend the time therefor, in which event the same shall be
so filed within the time as so extended) good and sufficient under
taking in the nature of. insurance or security for the payment to
any and all such injured workmen, or, in case o f death, to the person appointed by the court to receive the same, for the benefit of
the dependents, if-a n y there be, entitled thereto hereunder; ex
cept, that in case any employer shall be able to show to the sat
isfaction o f such judge that he, or it, is financially solvent, and
that the giving o f such security is unnecessary, such judge shall S elf-in su rers,
issue thereto a certificate to that effect, which shall also be filed
with said clerk, and thereupon such employer shall be excused
from filing such undertaking otherwise required until the further
order o f such judge, if any, directing otherwise. Public utility
corporations doing business generally throughout the State may
satisfy this requirement by filing such undertaking in the office
o f the clerk of the district court o f the county wherein such cor
poration has its principal office in the State or by satisfying the
judge o f said court o f its solvency, and filing the certificate to
that effect in the office o f such clerk. Such undertaking shall be u n d e r t a k in g
either in the nature of a policy certificate o f guarantee, or insur- required.
283
284
w o r k m e n ’s
COM PEN SATION LEGISLATION.
ance, or mutual insurance, issued by some guarantee, insurance or
mutual insurance comfjany duly authorized to enter into such
character o f contracts, or a bond, or other sufficient undertaking,
executed by such employer and two or more good and sufficient
sureties, owners o f real estate in this State, or secured in such
other way as the court may, in any special instance, direct. In
any case such undertaking, or bond, shall be o f sufficient form,
and be, in legal effect, an obligation o f all parties and sureties exe
cuting the same, so that judgment may issue thereupon in any
proper case to any workman entitled thereto against both such
employer and such insurer or guarantor or sureties or either
thereof in event o f legal proceedings being brought to recover the
same as herein provided. The name and post-office address of
each-party to such undertaking shall be written or printe%
d upon
such undertaking in order that summons by notice, in event of
suit against such party being brought by any claimant under
such undertaking, may be served upon such party. Any certificate
o f the judge o f said court above referred to shall show the postoffice address o f such employer. The clerk shall not accept or file
any such undertaking or certificate unless and until such postoffice addresses are so shown. Every such undertaking or bond
Approval.
signed by such sureties must be approved by said judge as to form,
amount and sufficiency o f surety, but not such undertakings exe
cuted by such insurance, or guarantee companies, in which the
amount o f the undertaking or liability is not limited to any speci
fied amount, or amounts, [ ; ] such amount shall be fixed by order o f
said judge at such sum as will in his opinion be sufficient to pro
tect all claims which it reasonably appears might be presented for
payment thereunder upon application o f the employer showing
the character o f occupation he is, or is proposing to carry on,
where he proposes to prosecute the same, the number o f workmen
he is, or is proposing, to employ, the average weekly earnings o f
such workmen approximately, and any other data in connection
therewith such judge may require. Such application shall be
ex parte and in writing, and the order o f such judge in the
premises shall be indorsed thereupon and the same shall also be
filed with such clerk. Such court m a j, at any time, either in
crease or decrease the amount o f any such undertaking, or re
quire such security from any employer to whom it has previously
executed any certificate above referred to under which such emDirect 1 i a - Pl°yer lias been excused from giving such security. Every conbiiity.
tract or policy insuring against liability for compensation, or con
tract or bond or guaranty or surety, filed as provided by this sec
tion or entered into with any employer subject to this act, shall
provide that the insurance carrfer, guarantor, or surety, as the
case may be, shall be directly and primarily liable to the work
man, and in event o f his death his dependents, to pay the com
pensation for which the employer is liable.
S e c . 4. E v e r y c o n tr a c t o f h irin g , v e rb a l p r w r itte n , m a d e su b se
q u e n t to th e tim e th is act ta k e s effe ct, an d e v e ry s u c h c o n tr a c t
m a d e p re v io u s th e re to a n d c o n tin u e d th e r e a fte r , s h a ll be p re
su m e d to h a v e been so m a d e , or so co n tin u e d , a s th e c a se m a y be,
w ith r e fe re n c e to th e p ro v isio n s o f th is a c t, a n d , u n le s s th e re be
a s a p a r t o f su ch c o n tr a c t so m a d e or c o n tin u e d a n e x p r e s s
sta te m e n t in w r itin g p rio r to a n y a c c id e n t, e ith e r in th e c o n tr a c t
it s e lf, o r b y w r itte n n o tic e fr o m e ith e r p a r ty to th e o th e r in s u b
sta n c e th a t th e p r o v isio n s o f th is a c t a r e n o t in te n d e d to a p p ly ,
th e n it s h a ll be c o n c lu siv e ly p re su m e d th a t th e p a r tie s h a v e a c
c ep ted th e p ro v isio n s h e r e o f a n d h a v e a g re e d to b e b o u n d th e re b y
a n d w e re w o r k in g th e re u n d e r a t th e tim e o f a n y s u c h in ju r y .
M in o r s o f th e a g e o f fo u rte e n y e a r s or ov e r s h a ll h a v e th e s a m e
Minors.
c o n tr a c tu a l p o w e rs h e re u n d e r an d s h a ll be s u b je c t to th e p ro
v isio n s o f th is a c t to th e sa m e e x te n t a s a d u lt w o rk m e n .
R e m e d y
S e c . 5. This act shall be construed as creating a new right and
P r e s u m p tio n
a s to c o n tr a c ts ,
e x c lu s iv e .
special procedure for the enforcement o f the same, and the rights
and remedies provided in this act for workmen and their depend
ents coming under the terms hereof, on account o f injuries suf-
TEXT OF CO M PENSATION LAW S---- N E W M EXICO.
'
285
fered by accident arising out o f and in the course o f the employ
ment o f such workman, shall be exclusive o f all other rights and
remedies of snch workman, liis personal representative or depend
ent fam ily, next o f kin and all other persons, at comjnon law or
otherw ise; and all other laws and parts o f laws relating to, or
providing, damages for injuries, or death from injuries, or under
which the same are recoverable, otherwise than as herein pro
vided, and which are in conflict herewith, shall not apply as
to the employments, employers, and workmen in cases in which
such employers and workmen are bound by this act.
S e c . 6 . No employer in any case which would otherwise be govDefenses aberned by the provisions of this act who shall have elected not rogated.
to be bound by this act, shall, in case o f any suit against him for
damages on account o f injury suffered by accident or arising out
o f and in course o f employment o f such workman, be entitled to
defend the same on account (a ) o f the negligence o f such work
man having contributed to the in ju ry ; (b) that the injury was
caused by the negligence o f a fellow servant; (c ) that the work
man had assumed the risk inherent in or incidental to such em
ployment or business, or arising from the failure o f the employer
to provide safe premises and suitable appliances; which defenses
are in all such cases abolished: Provided, That such defenses
shall remain only in cases where the workman is not bound by the
provisions o f this act and the employer has filed the undertaking
or certificate required by section three hereof.
S e c . 7. In case an injury to, or death of, a workman results from
C om pen sahis failure to observe a statutory regulation appertaining to the 11 0 n reduced,
safe conduct o f his employment, or from his failure to use a w en*
safety device provided by the employer, then the compensation
otherwise payable under this act shall be reduced by fifty per
cent. In case an injury to, or death of, a workman results from
the failure of the employer to provide the safety devices required
by law then the compensation otherwise payable under this act
shall be increased by fifty per cent.
S e c . 8. No c o m p e n sa tio n sh a ll b eco m e due or p a y a b le fr o m a n y
in ju rie s not
e m p lo y e r u n d e r th e te rm s h e r e o f in e ven t su ch in ju r y w a s occa- com pensable,
sio n e d b y th e in to x ic a tio n o f such w o rk m a n , or w illfu lly su ffe re d
b y h im , or in te n tio n a lly in flicte d b y h im s e lf or a n o th e r.
S e c . 9. Any agreement made between such employer and any
T e r m in a tio n
such workman to be bound by the provisions hereof may be ter- of agreem ents,
minated by either party upon giving thirty days’ notice to the
other in writing, prior to any accidental injury suffered by such
workman.
S e c . 10. The extra hazardous occupations and pursuits to which
E x tr a h a z this act is applicable are as fo llo w s : Factories, mills and work- ardous occupashops where machinery is u se d ; foundries, blast fu rn aces; mines, uons*
.oil w e lls; gas w o rk s; natural gas plants, water w o rk s; reduction
works, breweries ; elevators ; dredges ; sm elters; powder w ork s;
laundries operated by p o w e r; qu arries; engineering w o rk s; log
ging, lumbering and sawmill operations; street ra ilw a ys; build
ings being constructed, repaired, moved, or dem olished; telephone,
telegraph, electric light or power plants or lin e s; steam heating
or power p la n ts; bridge building, railroad construction work, but
shall not include railroad construction work o f any character
when done by the owner or operator o f any r a ilro a d ; and all em
ployment wherein a process requiring the use o f any dangerous ex
plosive or inflammable material is carried o n ; and each o f which
employments above named is hereby determined to be extra haz
ardous, in which, from the nature, conditions or means o f prose
cution o f the work therein required risks to the life and limb o f
the workman engaged therein are inherent, necessary or substan
tially unavoidable. This act shall not apply in any case where the
injury occurred before this act takes effect, and all rights which
have accrued by reason o f any such injury prior to the taking
effect o f this act shall be saved the remedies now existing there
for.
286
1
W O R K M E N S COMPENSATION LEGISLATION.
In te r s ta te
Sec. 11. This act shall not be construed to apply to business or
mmerce.
pursuits or employments which according to law are so engaged
in interstate commerce as to be not subject to the legislative
power of the State, nor to persons injured while they are so en
gaged.
Definitions.
gECt 1 2 . In this act unless the context otherwise requires:
(a) “ Factories ” means any premises wherein power is used in
manufacturing, making, altering, adapting, ornamenting, finishing,
repairing or renovating any article, including expressly any brick
yard, meat-packing house, foundry, smelter, ore-reduction works,
lime-burning plant, stucco plant, steam heating plant, electric
lighting or power plant including all work in or directly con
nected with the construction, installation, operation, alteration,
removal or repair of wires, cables, switchboards or apparatus
used for the transmission of electric current, and water-power
plant, including towers and standpipes, power plant, blast fur
nace, paper mill, printing plant, flour mill, glass factory, cement
plant, artificial gas plant, machine or machine repair shop, salt
plant, oil-refinery plant, chemical-manufacturing plant, coke ovens
and coal washeries.
(b) “ W orkshop” means any yard, plant, premises, room or
place where power-driven machinery is employed and manual
labor is exercised incidental to the process of making, altering,
repairing, printing, or ornamenting, finishing or adapting for sale
or otherwise any article or part of article, over w^hich premises,
room or place the employer of the person working therein has
the right of access or control.
(c) “ M ill” means any plant, premises, room or place where
machinery is used, any process of machinery, changing, altering,
or repairing any article or commodity for sale or otherwise, to
gether with the yards and premises which are part of the plant,
including elevators, warehouses and bunkers, sawmill, sash fac
tory or other work in the lumber industry.
(d) “ M in e” means any opening in the earth for the purpose
of extracting iron, oil, coal or other minerals, and all underground
workings, slopes, drifts, shafts, galleries, w^ells and tunnels, and
other ways, cuts and openings connected therewith, including
those in the course of being opened, sunk or driven, and includes
all the appurtenant structures or machinery at or about the open
ings of the mine, and any adjoining or adjacent work place where
the material from a mine is prepared for use or shipment, includ
ing tramways, tracks, *haulage-ways, loading bins and tipples.
(e) “ Quarry ” means any place, not a mine, where stone, slate,
clay, sand, gravel or other solid material is extracted from the
- earth.
(f) Reference to any “ building w o rk ” shall be understood to
include any work in the erection, construction, extension, decora
tion, alteration, repair or demolition of any building or structural
appurtenances, except residences and structures being built for
the private use of the owner on farms, ranches or residence lots
and not under contract.
(g) “ Engineering w o rk ” means any work in the construction,
alteration, extension, repair or demolition of a bridge, jetty, dike,
dam reservoir, underground conduit, sewer, oil or gas well, oil
tank, gas tank, wTater tank or tower, any caisson work or work
in artificially compressed air, any work in dredging, work on log
or lumber rafts or boom s; pile driving, moving safes, or in laying,
repairing or removing underground pipes and connections, the
erection, installing, repairing, or removing underground pipes and
connections, the erection, installing, repairing, or removing of
boilers, furnaces, engines and power machinery (including 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.
(h) “ Em ployer” includes any person, or body of persons, cor
porate or incorporate, and the legal representative of a deceased
employer or the receiver or trustee of a person, corporation, asso-
TEXT OF COMPENSATION LAWS— N EW MEXICO.
287
elation or partnership engaged in or carrying on for the purpose
of business, trade or gain any of the occupations or pursuits to
which this act is applicable.
(i)
“ W orkm an” means any person who has entered into the
employment of or works under contract Of service or apprentice
ship, with an employer, except a person whose employment is
purely casual and not for the purpose of the employer’s trade or
business. The term “ workm an” shall include “ employee” and
shall include the singular and plural of both sexes.
( j ) The following persons, and they only, shall be deemed deD ep en d en ts,
pendents and entitled to compensation under the provisions of
this act:
1. A child if under eighteen years of age, or incapable of selfsupport and unmarried, actually dependent upon the deceased.
2. The widow, only if living with the deceased, or legally en
titled to be supported by him, and actually dependent, including a
divorced wife entitled to alimony and actually dependent.
3. The widower only if incapable of self-support and actually
dependent, wholly or partially, upon the deceased at the time of
her injury.
4. A parent or grandparent only if actually dependent, wholly
or partially, upon the deceased.
5. A grandchild, brother, or sister only if under eighteen years
of age, or incapable of self-support, and wholly dependent upon the
deceased.
The relation of dependency must exist at the time of the injury.
<3. Questions as to who constitute dependents, and the extent
of their dependency, shall be determined as of the date of the in
jury, and their right to any death benefit shall cease upon the hap
pening of any one of the following contingencies:
I. Upon the marriage of the widow or widower.
II. Upon a child reaching the- age of eighteen years, unless
said child at such time is physically or mentally incapacitated
from earning, or upon a dependent child becoming self-supporting
prior to attaining said age.
III. Upon the adoption of any dependent.
IV. Upon the death of any dependent.
(k) As used in this section the term “ ch ild” includes step
children, adopted children, posthumous children, and acknowl
edged illegitimate children, but does not include married children
unless dependent. The words “ adopted ” and “ adoption ” as
used in this act shall include cases where persons are treated as
adopted as well as those of legal adoption.
(1)
The words “ injuries sustained in extra hazardous occupa
tions or pursuits,” as used in this act shall include death result
ing from injury, and injuries to workmen, as a result of their
employment and while at work in or about the premises occupied,
used or controlled by the employer, and injuries occurring else
where while at work in any place where their employer’s business
requires their presence and subjects them to extra hazardous
duties incident to the business, but shall not include injuries to
any workman occurring while 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.
(m ) Whenever in this act the term “ earnings” is used it shall
computation
be construed to mean the average weekly earnings of the work-of earnings,
man at or immediately prior to the date of the injury. Such
average weekly earnings shall be computed by dividing the total
earnings of such workman during the period not exceeding one
year during which he has been employed in the same capacity by
such employer, by the number of weeks in such period. However,
if the injured workman shall have worked less than one week
at the employment in which he was injured his earnings shall be
determined by the average weekly earnings of other -workmen
engaged in like employment in the same locality during the pre
ceding four weeks: Provided , That in case such earnings have been
unusually large on account of the employer’s necessity tempo-
288
w o r k m e n ' s c o m p e n s a t io n
l e g is l a t io n .
rarily requiring him to pay extraordinarily high wages such
average weekly earnings shall be based upon the usual earnings in
the same community for labor of the kind the workman was
performing at the time of the injury. In any event the weekly
compensation allowed shall not exceed the maximum nor be less
than the minimum provided in section 17 hereof.
(n) The words “ ju d g e” and “ court” wherever used in this
act shall be considered interchangeable in meaning wherever
required from the context thereof 01* necessary for the validity
of the provisions concerning the same.
C ontractors.
(o)
Where any employer procures any work to be done wholly
or in part for him, by a contractor other than an independent
contractor, and the work so procured to be done is a part or
process in the trade or business of such employer, then such
employer shall be liable to pay all compensation under this act
to the same extent as if the work were done without the inter
vention of such contractor. And the work so procured to be done
shall not be construed to be “ casual employment.”
(p) Where any employer procures any work to be done, wrholly
or in part for him, by a contractor, where the work so procured
to be done is casual employment as to such employer, then such
contractor shall become the employer for the purposes of this
act.
Payment of
S e c . 13. The compensation herein provided shall be paid by the
compensation. employer to any injured wrorkman entitled thereto in monthly
installments as nearly equal as possible excepting the first in
stallment which shall be paid not later than thirty-one days
after the date of such injury. Any workman claiming to be en
titled under this act to compensation from any employer on
account of any injury suffered by accident arising out of and in
Notice.
the course of his employment shall give notice in writing of such
accident and of such injury to such employer within two weeks
after the occurrence thereof, unless prevented by such injury
or other causes beyond his control, and, if so prevented, as soon
as the same may be reasonably done, and at all events not later
than sixty days after such accident: Provided , That 110 such
written notice shall be requisite where the employer or any su
perintendent or foreman or other agent in charge of the work
in connection with which such injury occurred' had actual knowl
edge of the occurrence thereof.
Except in the case of such
workman being prevented from giving notice by his injuries- and
in .cases where no notice is required no workman failing to give
such notice within said twTo weeks after such injuries occurred
shall be allowed to recover any compensation on account of such
injury under any circumstances whatever for the period he shall
remain in default in giving such notice. In event such employer
shall fail or refuse to pay the compensation herein provided to
such workman after having received such notice, or, without
such notice wiien no notice is required, it shall be the duty of
such workman, insisting upon the payment thereof, to file a claim
Claim.
therefor in the manner and within the time hereinafter provided.
In event he shall -either fail to give such notice within the time
required, or fail to file such claim within the time hereinafter
required, his claim for such compensation and all right to the
recovery of the same and the bringing of any legal proceeding
for the recovery thereof shall be, and hereby is, forever barred.
In case of death of any workman wTho would, himself, have been
entitled, had such death not occurred, to recover from such em
ployer on account of any such injuries under the terms hereof,
claim may be filed therefor on behalf of his dependents as pro
vided in section 16 hereof. In event of the failure or refusal of
any employer to pay any workman entitled thereto any installment
of the compensation to which such workman may be entitled
E n f o r c e - . under the‘terms hereof, such workman shall be entitled to enforce
ment of pay ■the payment thereof by filing in the office of the clerk of the
ments.
district court a claim which shall be signed and sworn to by
the injured workman or someon® on his behalf before any officer
TEXT OF COMPENSATION LAWS— N E W MEXICO.
289
authorized to administer oaths, and filed not later than sixty
days after such refusal or failure of the employer so to pay the
same. Such claim shall be informal in character and shall set
forth sufficient facts for the determination of the same, and if de
fective in any particular may be corrected by the court or by the
claimant at any time before being heard. The following form
shall be /sufficient therefor:
To the District Court o f ___________ County, New Mexico, and
____________________________ employer, whose post-office address is
________________________, a n d ________________________, insurer, guaran
tor, or surety, whose post-office address is________________________
The undersigned hereby asks judgment for compensation under
the workmen’s compensation act of New Mexico for an injury
suffered by accident arising out of and in the course of his em
ployment while working for such employer oh t h e _______day of
__^________ , at or n e a r ________________ (here describe place where
accident occurred as nearly as possible) as a ___________ (here de
scribe capacity in which he was laboring) in the following w ork:
________________________________________________ (here describe char
acter of work and structure or other thing which he was working
upon), at which time his average weekly earnings were $_________ .
Such injury has caused___________________________________________
(here insert general description of injuries and extent of disa
bility.)
( S i g n ) ------------------------------------------------------------------------D a t e ________________________
Sworn to and subscribed before me t h is ______ day o f __________—
A. D ______
(Title.)
The clerk of such court shall furnish printed blanks in the form
above described to any such injured workman or person acting in
his behalf applying to him therefor, and upon request, shall fill
out such form for him.
Upon the filing of such claims the clerk of such court shall
docket the same, styling the workman filing same as plaintiff and
the other parties named therein as defendants, and mail certified
copy of such claim with a notice under his hand and official seal
of the same having been so filed to the employer, insurance carrier,
guarantor or surety named in such claim, who shall be allowed
twenty days thereafter to answer the same or to settle and adjust
the claim thereby made by such workman. In event, previous to
the expiration of such time last named, the defendants, or any of
them, shall file in the office of such clerk, a written final settle
ment, adjustment or release signed by such plaintiff and defend
ants then and in such event a judgment shall, under order of
court, be entered of record in accordance with such settlement, and
carrying the same into effect and providing for the execution or
executions to be issued thereunder for any future payments
therein provided, which judgment may, with the approval" of the
court, be satisfied of record if, by such instrument or instruments,
it is shown that full payments have already been made. At the
expiration of such period of twenty days, if no such instrument
of release or satisfaction of such claim has been filed in his office,
the clerk of said court shall immediately forward or deliver such
claim to the judge of said court for hearing, together with any
answer filed therein, unless one of the parties plaintiff or defend
ant thereto shall have demanded a jury trial of such cause in
which event the same shall be tried at the first term thereafter
of such court at which the same can be tried, and the hearing
thereof expedited in every possible manner.
The trial of such cause, either by jury or by the court, shall be
conducted in a summary manner as far as possible. In event no
45615°— Bull. 243— 18-------19
Procedure.
990
w o r k m e n ’s
c o m p e n s a t io n
l e g is l a t io n .
guch answer is filed in the office of such clerk within the time
above allowed, or if any such answer so filed contains no denial
or substantial defense to such claim, or to some material part
thereof, judgment shall immediately be rendered in favor of such
claimant against such employer and also against any insurer,
guarantor or surety who is liable to such workman or to such
employer for the payment thereof under the terms of the under
taking provided for in section 3 hereof. Any such insurer,
guarantor, or surety shall be entitled to file an answer, setting up
any defense to the claim of such workman or showing that he is
not liable therefor for any reason, in the office of such clerk within
twenty days after the filing of such claim : Provided, That before
the rendition of any such judgment, any such employer, insurer,
guarantor or surety wTho has filed any answer to such claim as
herein allowed, or such plaintiff, shall be allowed a hearing upon
request therefor within a short day upon such claim and answer,
at a time and place to be fixed by order of the court, in the county
where the injury occurred or upon agreement of the parties at
some other place in the district, informal notice of which shall
be mailed to each of the parties thereto by such judge addressed
to the post office address of each of said parties. Any proper
amendment may be allowed by such court to either such claim or
answer thereto previous to or upon any hearing upon such terms
as may be fixed by the court. In event issue is joined upon the
pleadings, such judge may either hear the witnesses or by proper
order refer such cause to the clerk of said court, or other suitable
person for the taking of the testimony therein, who shall cause
« ll testimony of all witnesses offered in said cause by either of
the parties to be reduced to writing and signed and sworn to by
such witnesses, first having mailed notice to each of said parties
addressed to the post-office address of each thereof, respectively,
of the time and place for taking such testimony. Upon conclusion
of such testimony the clerk shall forward or deliver the same to
the judge of said court who shall consider the same as soon as
may be, and upon such consideration shall cause judgment to be
rendered in accordance with the merits of said cause, first having
given the parties an opportunity to appear and be heard, if either
thereof shall request the same in writing previous to the rendition
of such judgment.
Subpoenas shall be issued by the clerk of said court upon de
mand of either party, requiring the appearance and testimony of
witnesses before him or any person appointed by the court at the
time and place fixed for the taking of such testimony, and the
parties suing out the same may serve, or cause the same to be
{served upon said witnesses in the manner required for serving
{subpoenas in civil cases, and the attendance and testimony of such
witnesses in answer to such subpoenas shall be required, and such
witnesses punished for failure therein, as in other cases.
Cost*
No costs shall be charged, taxed or collected by the clerk, ex
cept fees for witnesses who shall at
@FedFRASER