Full text of Workmen's Compensation Legislation of the United States and Canada, 1920 to 1922 : Bulletin of the United States Bureau of Labor Statistics, No. 332

View original document

The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.

U. S. DEPARTMENT OF LABOR
JAMES J. DAVIS, Secretary

BUREAU OF LABOR STATISTICS
ETHELBERT STEWART, Commissioner

BULLETIN OF THE UNITED STATES\
B U R E A U OF L A B O R S T A T I S T I C S / • •
WORKMEN'S

INSURANCE

AND

• • • N o. 3 3 2

COMPENSATION

SERIES

WORKMEN’S COMPENSATION LEGISLATION
OF THE UNITED STATES AND CANADA

1920 TO 1922
BY
LINDLEY D. CLARK

JUNE, 1923

WASHINGTON
GOVERNMENT PRINTING OFFICE
1923

A D D IT IO N A L COPIES
OF THIS PUBLICATION M A T BE PROCURED FROM
THE SUPERINTENDENT OF DOCUMENTS
GOVERNMENT PRINTING OFFICE
W ASHINGTON, D . C.
AT

25 CENTS P E R C OPY
PURCHASER AGREES NOT TO RESELL OR DISTRIBUTE THIS
COPY FOB PROFIT.— PUB. R E S. 57, APPROVED M A Y 11, 1922

CONTENTS.

W orkmen’ s compensation laws of the United States and Canada.
T& ge.
Introduction___________________________________________________________
1
W orkm en’ s compensation laws of the United States— R eview ------------------- 1-18
Introduction__________________________________________________________
1, 2
Progress o f legislation________________________________________________
2, 3
Analysis o f principal features o f the law s-------------------------------------------- 4-13
Connecticut------------4
Delaware___________
4
G eorg ia___________________________________________________________
4
Id a h o _____________________________________________________________
5
Illinois____________________________________________________________
5
Kentucky_________________________________________________________
5
L o u isia n a ________________________________________________________
5
Maine_____________________________________________________________
M aryland_________________________________________________________
6
M assachusetts____________________________________________________
7
M ichigan__________________________________________________________
7
M innesota________________________________________________________
8
M ontan a__________________________________________________________
9
Nebraska__________________________________________________________
9
Nevada____________________________________________________________
9
New Jersey_______________________________________________________
9
New M e x ico ______________________________________________________
9
New Y o r k ________________________________________________________
10
North D a k o ta ____________________________________________________
11
O h io ______________________________________________________________
11
O regon____________________________________________________________
11
P ennsylvania_____________________________________________________
11
Porto R i c o _______________________________________________________
11
Rhode Is la n d ___________
11
South Dakota_____________________________________________________
12
T ex a s_____________________________________________________________
12
U tah ______________________________________________________________
12
Vermont___________________________________________________________
12
/
Virginia___________________________________________________________
12
W ashington_______________________________________________________
13
W iscon sin _________________________________________________________
13
W yom ing______________________I ----------------------------------------------------13
Constitutionality and construction o f statutes__________________________ 14-18
Constitutionality___________________________ j _____________________ 14-16
Aliens________________________________________________________
15
Rehabilitation, etc___________________________________________ 15,16
Disease as compensable in ju ry___________________________________
16
Injury arising out o f and in course o f employment________________ 16,17
Employment status_______________________________________________
17
C overage__________________________________________________________17,18
Workmen’ s compensation laws o f Canada— R eview ------------------------------------- 19-22
Progress o f legislation_________________________________________________
19
Analysis o f principal features o f the laws______________________________ 20-22
A lb e r t a ___________________________________________________________
20
British C olum bia__________________________ :______________________
20
M anitoba__________________________________________________________
21
New Brunswick___________________________________________________
21
Nova S co tia ______________________________________________________
22
Ontario____________________________________________________________
22
Quebec----------------22

CONTENTS,

Page.

Appendix.— Text of workm en’ s compensation laws__________________

23-196

P A R T I.— U N ITE D STATE S.

C a liforn ia _____________________________________________________________
23
Colorado ________________________________
23
Connecticut____________________________________________________________ 24, 25
D elaw are_______________________________________________________________ 26-28
G eorg ia ____________________________________________________________
29-48
Id ^ h o ___________________________________________________________________49-52
Illin ois_________________________________________________________________ 53-55
K entucky______________________
56-57
L ou isia n a ________________________________________________________
58-60
M a in e __________________________________________________________________61, 62
M aryland------------------------------------63-69
M assachusetts___________________________________ ______________________70, 71
M ich igan ____________ .--------------------------------------------------------------------------72-75
M innesota________________________________
76-104
M issouri_______________________________________________________________
105
Montana_______________________________________________________________
105
N ebraska____________________________________ ._________________________
106
Nevada_________________________________________________________________
107
New Ham pshire_______________________________________________________
107
New Jersey_____________________________________________________ .____108-112
New M e x ic o ___________________________________________________________
112
New Y ork_____________________________________________________________ 113-141
North Dakota_________________________________________________________142-144
O h io __________________________________________________________________145-153
O reg on _______________________________________________________________ 15^-159
P en n sylva n ia_____________________________
160
Porto R i c o ___________________________________________________________ 161-167
Rhode Is la n d _________________________________________________________168-170
South Dakota_________________________________________________________171,172
T e x a s __________________________________________________________________
173
Utah__________________________________________________________________ 174-178
Vermont--------------------------------------------------------------------------------------------- 179,180
V irginia______________________________________:-----------------------------------181-183
W ashington____________>--------------------------------------------------------------------- 184-188
W iscon sin ____________________________________________________________ 189-192
W yom ing_________________________________________________
193-195
United States__________________________________________________________
196
P A R T II.— C A N A D A .

Alberta______________________________________________________________ 197-201
British Columbia______________________________________________________ N 202
M an itoba____________________________________________________________ 203-223
New Brunswick_____________________________________________________ 224, 225
Nova Scotia------------------------------------226-229
O ntario______________________________________________________________ 230,231
Q u eb ec--------------------------------------------------------------------------------------------------232
Dominion o f Canada___________________________________________________
233

BULLETIN OF THE

U. S. BUREAU OF LABOR STATISTICS
NO. 332

WASHINGTON

JUNE, 1923

WORKMEN’S COMPENSATION LEGISLATION OF THE UNITED STATES
AND CANADA, 1920-1922.
INTRODUCTION.
The present bulletin is issued strictly as a supplement to an earlier
bulletin of this series (No. 272) carrying a similar title and issued in
1921, covering the legislation in force at the end of the calendar
year 1919. Numerous changes have been made, some legislatures
never meeting without passing one or more amendatory acts affecting
the compensation law of the State. One State of the Union
(Georgia) is added to the list as it appeared in Bulletin 272, while
Missouri must be stricken from the list on account of the rejection
of the act by referendum.
While the present bulletin concerns itself only with the United
States and Canada, note may be made of the increasing adoption
of the principle of compensation in Latin America as well as its con
tinued growth and development in the countries of Europe.
On account of the great length of many of the compensation laws
and the slight change effected by many of the amendments, it has
been thought sufficient in this supplemental bulletin to indicate such
minor changes of phraseology and substance without a reproduction
of the entire text of the lengthy section or sections amended. This
facilitates a comparison between the prior and the amended law, the
effect of the amendment being immediately evident. Where changes
have been more extensive it has been, of course, necessary to repro
duce the amended portion or portions.

WORKMEN'S COMPENSATION LAWS OF THE UNITED STATES.
INTRODUCTION.
Reference to Bulletin 272 (p. 9) will disclose the list of bulletins
devoted to the subject of workmen’s compensation issued by the
Bureau of Labor Statistics. An analytic study appearing in Bulletin
275, there noted, is brought up to date in the Monthly Labor Review
of January, 1923, carrying the same legislative output as is noted in
the present bulletin.

W O R K M E N *S COM PENSATIO N LAW S OF T H E U N IT E D STATES.

The disappearance of the investigative commission adverted to in
an earlier bulletin is practically complete, the only exception being
the appointment of an unfruitful legislative committee by the North
Carolina Legislature at its extra session of 1920.

PROGRESS OF LEGISLATION.
W hile the legislation of the three years covered by this supplement
is iii the main amendatory certain acts stand outside this classifica
tion, while some of the amendments are so extensive as to amount
to new legislation or at least to an entire revision of the earlier laws.
The Missouri act of 1919 was rejected by referendum in 1920, a like
fate befalling another attempt of the legislature of 1921, a referen
dum secured against it resulting in its rejection in November, 1922.
Georgia is the only State to join the list of those having compensationlaws, its act of 1920 having become effective March 1, 1921.
The Arizona constitution preserves to injured workers the option
of a suit for damages, a condition that is recognized by the act of
1912, under which a choice of remedies may be made after the receipt
of the injury. The legislature of 1921 undertook to enact a law of
the prevalent type, making prior election binding, but this was held
to be in contravention of express provisions of the constitution, and
therefore void (Industrial Commission
Crisman (1921), 199 Pac.
390). This leaves the prior statute in force.
The laws of Minnesota and New York have been so completely
revised as to require their complete reproduction; while those of
Maryland, New Jersey, Ohio, and Porto Rico were extensively
amended, those of Virginia, Washington, and Wisconsin being sub
ject also to important changes.
Other laws were changed in varying degrees, the main trend being
an enlargement of the benefits allowed, though important adminis
trative and procedural changes have also been made.
O f the States without a compensation law (Arkansas, Florida,
Mississippi, Missouri, North Carolina, and South Carolina), the
efforts of Missouri to secure a law have been noted above as well as
in Bulletin No. 203 (pp. 22, 23, 36, 37) ; it is reported that efforts
are being continued in this the most important industrial State
without a law. The North Carolina Legislature at its extra session
of 1920 provided by resolution for a legislative committee to investi
gate the subject of compensation legislation and report to the session
of 1921. Various efforts have also been made in the other States
named but without result. Congress legislates for the District of
Columbia and has thus far failed to provide its private employees
with the protection afforded the constituents of a vast majority of
the Members of Congress, though various bills have been introduced
from time to time.1
In this connection may be noted an act of Congress amending the
Judicial Code in regard to certain classes of maritime workers (act
of June 10, 1922) proposing to give State compensation boards
jurisdiction over such persons of this class as have a fixed domicile
and are not seamen in the stricter sense of that term. A n earlier
attempt in this field is noted in Bulletin No. 272, pages 161-163.

1 A bill fo r sm a ct passed th e H ou se J a n u a ry 22, 1923, b u t fa ile d to becom e a law .

PROGRESS OF LEGISLATION.

Fundamental changes effected by amendments are those requiring
employers in Louisiana and Minnesota to take out insurance covering
their compensation liabilities. Minnesota has also changed from
court administration to administration by an industrial commission,
while in Rhode Island the commissioner of labor is given a large
supervisory power over agreements between employers and em
ployees in lieu of a reference to a justice of the superior court.
The changes that affect such substantive provisions as are noted in
the “Analysis of the principal features of the laws,” appearing at
pages 21 to 68 of Bulletin No. 272, are indicated in the following:

A N ALYSIS OP THE PRINCIPAL FEATURES OF THE LA W S.
CONNECTICUT.
Under “ C o m
r in g to aliens.
Under “ C o m

p e n s a tio n

fo r

d e a th

p e n s a tio n

fo r

d is a b

,” item ( d ), strike out the last line, refer
v
i l i t y ,” in item (b ), substitute $18 for $14.

DELAW ARE.
Under “ C o m p e n s a t i o n f o r d i s a b i l i t y , ” item ( a ) should read:
(a ) M edical and surgical aid as may be reasonably required during the
first 30 days, unless refused by the employee, not to exceed $100,
unless the board directs an additional amount.

GEORGIA.
D a te
o f e n a c t m e n t . — August 17, 1920; in effect March 1, 1921; amended
August 16, 1922, August 19, 1922.
I n j u r i e s c o m p e n s a t e d .— Personal injuries by accident arising out o f and in
course o f the employment, causing death or disability for more than 14 days,
not due to the injured employee’s w illful misconduct, intoxication, violation o f
safety provisions, or the w illful act of a third person not due to the employment.
I n d u s t r i e s c o v e r e d . — All where 10 or more persons are employed, excepting
agriculture and domestic service, common carriers using steam power, and
institutions operated as public charities, all in the absence o f contrary election.
Small establishments may make election to come under the act.
P e r s o n s c o m p e n s a t e d . — Private em ploym ent: All employees in establishments
covered, except casual employees. Public em ploym ent: Employees o f municipal
corporations and political subdivisions o f the State.
B u r d e n o f p a y m e n t . — All on employer.
C o m p e n s a tio n
( a ) Burial

fo r

d e a th :

expenses not to exceed $100.
(b ) To persons wholly dependent, 85 per cent of the benefits provided for
total disability, fo r 300 weeks.
(c ) To persons partly dependent, a payment proportionate to the decedent’ s
contribution to their support.
Payments continue for not over 300 weeks from the date o f injury,
$5 weekly minimum and $10 maximum, the total not to exceed $4,000.
They cease on the remarriage o f a widow or widower, or on a child
reaching the age o f 18 unless incapacitated for earning.

C o m p e n s a tio n fo r
( a ) Necessary

d is a b ility :

medical attention for not more than 30 days, the cost not
to exceed $100.
( b ) For total disability, one-half the weekly wages, not less than $4 nor
more than $15, for not more than 350 weeks, the total not to exceed
$5,000.
(c ) For partial disability, 50 per cent of the wage loss, not more than $12
per week, for not more than 300 w eeks; fixed periods for specified
injuries, in lieu o f all other compensation.
Any weekly payment may be commuted to a lump sum after 26 weeks
if the parties agree and the commission approves.
R e v i s i o n o f b e n e f i t s . — The commission may at any time review an award or
agreement, either on its own motion or on application o f either party.
I n s u r a n c e . — Insurance in a licensed stock or mutual company, or a reciprocal
association, is required unless satisfactory proof is given to act as a self-insurer.
S e c u r i t y o f p a y m e n t s . — Evidence o f insurance must be filed, policies must
inure directly to beneficiaries, payments have same preference as wage debts,
and are exempt from assignment, attachment, etc.
S e t t l e m e n t o f d i s p u t e s . — Disputes are settled by an industrial commission,
subject to appeal to the courts.

ANALYSIS OF P R IN C IP A L FEATURES,

IDAHO.
Under " I n d u s t r i e s c o v e r e d ” add range laborers to the excepted groups.
Under “ C o m p e n s a t i o n f o r d e a t h ,” item (a ), substitute $200 for $100.
Under “ C o m p e n s a t i o n f o r d i s a b i l i t y , ” items (&) and (c ) should read:
( b ) F or total disability, 55 per cent o f the injured person’s wages, not less
than $6 nor more than $12 for 400 weeks, and $6 per week there
a fter; additional allowances for w ife and children, total not to ex
ceed $16 per week.
(c ) F or partial disability, 55 per cent o f the wage loss for not more than
150 weeks, nor more than the amounts allowed for total disability;
schedule for designated permanent partial disabilities, ranging from
3 to 200 weeks, in addition to other payments.

ILLINOIS.
Under “ I n j u r i e s c o m p e n s a t e d , ” read “ Accidental injuries, including certain
occupational diseases, arising out of,” etc.
Under “ C o m p e n s a t i o n f o r d e a t h , ” item ( a ) should read:
( 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 $3,750 (to a widow
with one child under 16, $4,000, and if two or more children, $4,250).
Under “ C o m p e n s a t i o n f o r d i s a b i l i t y in item (b ), the minimum is changed
to $7.50 and the maximum to $14.
Item (e) should read:
(e) The basis o f 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 o f $7.50 per week is to be increased $1 for each such
child, the total not to exceed $10.50. The maximum weekly pay
ment o f $14 is to be similarly increased, the total not to exceed $17.

KENTUCKY.
Under “ C o m p e n s a t i o n f o r d i s a b i l i t y , ” add to item (a ) “ The board may di
rect $200.”
In item ( b ) the weekly maximum is now $15 and the
total $5,000.
In item (c ) the weekly maximum is now $15.

LOUISIANA.
Under “ I n d u s t r i e s c o v e r e d , ” add after the word “ list,” in the second line,
the words “ including railroads in intrastate commerce,” .
Under “ C o m p e n s a t i o n f o r d e a t h , ” item (b ) should read:
( b ) To widow or dependent widower alone, 30 per cent of weekly wages,
45 per cent if 1 child, and 60 per cent if 2 or more.
I f 1 child alone,
30 per cent, 45 per cent for two, and 60 per cent if 3 or more. For
1 dependent parent, 30 per c e n t; for 2, 60 per cent. I f 1 brother or
sister, 30 per cent, and 10 per cent additional for each other. The
total in no case may exceed 60 per cent o f the weekly wages, $3
minimum payment, $18 maximum, for not over 300 weeks. Pay
ments to any beneficiary cease on death or remarriage, and to chil
dren on reaching the age o f 18, unless mentally or physically in
capacitated.
Under “ C o m p e n s a t i o n f o r d i s a b i l i t y , ” substitute 60 per cent for 55 per cent.
Under “ I n s u r a n c e ” substitute “ Insurance required, or bond in case o f selfinsurers.”

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 t h e u n it e d s t a t e s .

MAINE.
Under “ I n j u r i e s c o m p e n s a t e d , ” substitute 7 for 10 as the number o f days
waiting time.
Under “ C o m p e n s a t i o n f o r d e a t h , ” item (a ) should read:
(a ) To persons wholly dependent, 66§ per cent o f weekly wages for 300
weeks, $6 minimum, $16 maximum, not over $4,000 in all.
Add to this heading after item ( c ), “ Nonresident aliens receive h alf
benefits.”
Under “ C o m p e n s a t i o n f o r d i s a b i l i t y , ” substitute 66§ fo r 60 per cent through
o u t; also $16 fo r $15 as the weekly m axim um ; also $6,000 for $4,200 in item
( 6 ).

M ARYLAND.
D a te

o f

e n a c t m e n t .— April

16, 1914; in effect Nov. 1, 1914.

Amended 1916,

1920, 1922.
In ju r ie s
c o m p e n s a t e d .— Accidental personal injury arising out o f and in
course o f employment, not due to w illful intention or intoxication, and causing
disfigurement, disability for more than three days, or death within tw o years.
In d u s tr ie s
c o v e r e d . — Extra hazardous (enumerated list) ; others by joint
election o f employers and employees, including farm and domestic labor.
P e r s o n s c o m p e n s a t e d . — Private em ploym ent: A ll in industries covered except
casual employees and those receiving more than $2,000 annually. Public em
ploym ent: Workmen employed fo r wages in extra hazardous work, unless the
municipality makes other equal or better provision.
B u r d e n o f p a y m e n t . — All on employer.
C o m p e n s a tio n fo r d e a th :
( a ) Funeral expenses, not over $125.
( b ) To persons wholly dependent, 66§

per cent o f the weekly wages, not
over $18 nor less than $8 per week unless the wages were less, for
eight y e a rs; not more than $5,000 nor less than $1,000.
( c ) T o persons partly dependent, 66§ per cent o f the weekly wages, not
over $18 per week, for such portion o f eight years as the commission
may fix, the amount not to exceed $3,000.
( d ) I f no dependents, funeral expenses only.
t
(e ) W idow on remarriage receives one year’s benefits if outstanding; pay
ments to children cease on reaching the age o f 16 years, unless
incapacitated.

C o m p e n s a tio n fo r d is a b ility :
( a ) Medical, surgical, etc., expenses, not
( b ) For total disability, 66f per cent o f

above $150 in value.
weekly wages, $8 minimum, $18
maximum, during its continuance, total not to exceed $5,000. I f
wages are less than $8, full wages w ill be paid.
( c ) F or temporary partial disability, 50 per cent of weekly wage loss, $18
maximum, total not over $3,500; fo r specified maimings, 66§ per cent
o f the weekly wages, in addition to other payments, for specific
periods, $8 minimum, $18 maximum, total not over $3,750.
W here the injured employee is a learner, with prospect o f increase in
wages, this fact may be considered in fixing awards.
Payments may, in the discretion o f the commission, be made in part or in
whole in lump sums.
R e v i s i o n o f b e n e f i t s . — The commission may m odify its findings and orders
at any time for justifiable cause.
I n s u r a n c e . — Insurance in State fund, stock or mutual company, or proof o f
financial ability is required.
S e c u r i t y o f p a y m e n t s . — Policies must permit action by commission to secure
payments to person entitled. Payments may not be assigned, nor are they
subject to execution or attachment.
S e t t l e m e n t o f d i s p u t e s . — Disputes are to be settled by the industrial accident
commission, with appeal to courts.

AN ALYSIS OF P R IN C IP A L FEATURES,

MASSACHUSETTS.
Under “ C o m p e n s a t i o n f o r d e a t h ” in item (a ), substitute $150 for $100.
Item ( b ) should r e a d :
( h ) T o a widow alone, $10 per w eek; if one child, $12; if two, $14; i f
three or more, $16. I f the widow dies, $10 to one child, $12 to two,
$14 to three, and $16 if more than three. I f the widow remarries,
payments to her cease, but $3 weekly is to be paid to each child, not
over $16 in all. The term o f these payments may not exceed 300
weeks. To other persons wholly dependent, a weekly payment equal
to two-thirds the average weekly wages of the deceased employee,
not less than $4 nor more than $10, for a period o f 500 weeks, the
total not to exceed $4,000.

MICHIGAN.
Under “ C o m p e n s a t i o n f o r d e a t h ” item (c ) should become item (a ) and read;
(a ) The reasonable expense o f the last sickness and burial, not exceeding
$200, in addition to medical, hospital, etc., services.
Former items (a ) and (&) become (&) and (<?), respectively.
Under “ C o m p e n s a t i o n f o r disability,” item (&), substitute $7,000 for $6,000.

W O R K M E N *S CO M PEN SATIO N LAW S OP T H E U N IT E D STATES.

MINNESOTA.
D a te

o f

e n a c t m e n t . — April

24, 1913; revised March 15, 1921; in effect June

1, 1921.
In ju r ie s
c o m p e n s a t e d — Occupational diseases (lis t), and accidents arising
out o f and in course pf employment causing disability for more than one week
or death, unless intentionally caused, or due to the intoxication of the ipjured
person.
I n d u s t r i e s c o v e r e d . — All except common carriers by steam railroad and farm
and domestic service, in the absence o f contrary election by employers.
P e r s o n s c o m p e n s a t e d . — Private em ploym ent: All employees, in the absence
o f contrary election, except those whose work is casual and not in the usual
course o f the employer’s business. Public em ploym ent: Included, except persons
elected or appointed fo r regular terms.
B u r d e n
o f p a y m e n t . — On employer, but employee contributions involving
additional benefits may be agreed upon.
C o m p e n s a tio n fo r d e a th :
( a ) $150 funeral expenses.
( b ) T o a widow alone, 40 per

cent o f monthly wages o f deceased, increas
ing to 66§ per cent if four or more ch ild ren ; to a dependent husband
alone, 30 per cent; to a dependent orphan, 45 per cent, with 10 per
cent additional for each additional orphan, with a maximum o f 66§
per cent; if none of the above, 35 per cent to one parent and 45
per cent if both su rviv e; if none o f the foregoing, to other relatives
w holly dependent, if but one, 30 per cent, or if more than one, 35
per cent, divided equally.
W idow s on remarriage receive lump sum equal to one-half unpaid balance,
i f no children under 18; otherwise sum goes to child or children.
(c ) I f only partial dependents survive, that proportion o f benefits provided
fo r actual dependents which contributions bore to wages.
( d ) When no dependents survive, expenses o f last sickness and burial.
Maximum weekly payment $18, minimum $8, unless wages are less,
then wages.
Payments continue not over 300 weeks except to w idow or ch ild ; to
child, cease at 18 unless incapacitated; to others, cease on death
or m a rria ge; maximum in any case, $7,500.

C o m p e n s a tio n fo r d is a b ility :
( a ) Reasonable medical and

surgical treatment, not exceeding 90 days or
$100 in value, unless ordered in exceptional cases.
(b ) F or temporary total disability, 66§ per cent o f wages fo r not over
300 weeks^
(c ) F or permanent total disability, 66§ per cent o f wages, not over $10,000.
(d )
For temporary partial disability, 66§ per cent of wage loss, not over
300 weeks.
( e ) For specified permanent partial disabilities, 66§ per cent o f wages
for fixed periods, in addition to other payments, maximum o f 400
w eek s; for other permanent partial disabilities, not over 300 weeks.
Payments for disability may not be more than $18 nor less than $8,
unless wages were less, then full wages.
Lump sums may be substituted fo r periodical payments on consent
o f the industrial commission.
R e v i s i o n o f b e n e f i t s . — No p rovision .. Beneficiaries dissatisfied with the ter
mination o f payments may secure a hearing on the subject of continuance.
I n s u r a n c e . — Required in some authorized company unless exempted on a
showing o f financial ability.
S e c u r i t y o f p a y m e n t s . — Insured workmen have equitable lien on any policy
coming due. Payments are made directly to claimants in case o f em ployer’s
incapacity. Claims have same preference as unpaid wages.
S e t t l e m e n t o f d i s p u t e s .— By industrial commission, appeal to supreme court
on questions o f law.

ANALYSIS OF PRINCIPAL FEATURES.

MONTANA.
Under “ C o m p e n s a t i o n
Under “ Compensation

f o r d e a t h ” in
fo r d is a b ility ”

item ( a ) , substitute $125 for $75.
in item (a ), substitute $100 for $50.

NEBRASKA.
Under “ P e r s o n s c o m p e n s a t e d ” first sentence should r e a d : “ Private employ
ment. All employees except those whose work is but casual and not in the
usual course o f the employer’s business, and home workers.”
Under “ C o m p e n s a t i o n f o r d e a t h ” in last sentence, substitute 18 years for
16 years.
Under “ C o m p e n s a t i o n f o r d i s a b i l i t y , ” item (a ) should read:
( a ) M edical and hospital services as needed.
In item ( d ) substitute “ in addition t o ” for “ in lieu of.”
*

NEVADA.
Under “ C o m p e n s a t i o n f o r d i s a b i l i t y , ” add to item (c ) the w ords “ and $30
additional if the services o f a constant attendant are required.”

NEW JERSEY.
Under “ P e r s o n s c o m p e n s a t e d strike out the words “ Nonresident aliens
receive no benefits.”
Under “ C o m p e n s a t i o n f o r d i s a b i l i t y , ” item ( a ) should read:
( a ) Reasonable medical and hospital services not exceeding $100 in value,
which may be extended on application to the bureau.

NEW MEXICO.
Under “ I n j u r
Under “ C o m
$150 for $50.

i e s c o m p e n s a t e d , ” substitute 10 days
p e n s a t i o n f o r d i s a b i l i t y ” substitute

for 14 days.
10 days for 14 days and

W O R K M E N ’ s CO M PEN SATIO N LA W S OF T H E U N IT E D STATES.

NEW YORK.
D a t e o f e n a c t m e n t . — December 16, 1913; in effect July 1, 1914.
Revised
April 13, 1922; in effect July 1, 1922.
I n j u r i e s c o m p e n s a t e d .— Accidental injuries arising out o f and in course of
employment, causing disability fo r more than two weeks, or death, unless
caused by the w illful intention o f the injured employee or by. his intoxication
while on du ty; also disfigurements and specified occupational diseases.
I n d u s t r i e s c o v e r e d . — “ Hazardous em ploym ents/’ extensive lis t ; all other em
ployments in which fou r or more workmen or operatives are regularly em
ployed, domestic and farm labor excepted. Employments not listed, includ
ing employments not fo r gain, may be brought under the act by voluntary
action.
P e r s o n s c o m p e n s a t e d .— Private employm ent: All employees in industries cov
ered. Public em ploym ent: Included. Nonresident beneficiaries limited to w ife,
children, and dependent parents.
B u r d e n o f p a y m e n t . — On employer.
C o m p e n s a tio n fo r d e a th :
( a ) $100 fo r funeral expenses.
( b ) T o a widow or dependent

widow er alone, 30 per cent o f wages, 10
per cent additional for each child under 18; orphans and dependent
grandchildren, brothers or sisters under 18 receive 15 per cent e a c h ;
dependent parents or grandparents, 25 per cent each. Aggregate
payments in no case may exceed 66§ per cent.
( c ) Payments to widow or w idow er cease on death or remarriage or when
dependence o f w idower ceases, with two years’ compensation on
rem arriage; payments to children, grandchildren, brothers, and sis
ters cease at 18, and to parents when dependence ceases.
No wages in excess o f $125 per month are considered in computing
benefits.

C o m p e n s a tio n

fo r

d is a b ility :

(а ) M edical and surgical treatment, apparatus, and hospital services as
required, costs to be approved by the commission.
(б ) F or total disability, 66§ per cent o f wages during continuance.
(c ) F or partial disability, 66§ per cent o f wage loss; for specified perma
nent partial disabilities, 66§ per cent o f wages for fixed periods,
in lieu o f other paym ents; separate provision fo r disfigurements.
Payments may not be more than $20 nor less than $8 per week unless
wages are less, then full wages.
R e v i s i o n o f b e n e f i t s . — Awards may be reviewed at any time and ended or
increased or decreased within the limits fixed.
I n s u r a n c e . — Required in State fund or approved company, or proof o f finan
cial ability to make payments (securities may be required).
S e c u r i t y o f p a y m e n t s . — Insurance enforceable directly for benefit o f claim
ants ; insolvency o f employer no release to insurer. Payments have same pref
erence as unpaid wages, without limit as to amount.
S e t t l e m e n t o f d i s p u t e s .— Settled by State industrial board, limited appeal to
courts.

AN ALYSIS OF P R IN C IPA L FEATURES,

NORTH DAKOTA.
Under “ P e r s o n s c o m p e n s a t e
whose salary exceeds $2,400.”
Under “ C o m p e n s a t i o n f o r d e a

add to first sentence “ and executive officers

th ”

item (a ), substitute $150 for $100.

OHIO.
Under “ I n j u r i e s
pational diseases.”
Under “ C o m p e n

c o m p e n s a te d ”
s a tio n

fo r

add “ also disfigurements and specified occu

d is a b ility ,”

in item

( d ) ,

substitute $15 for $12.

OREGON.
Under “ C o m p e n s a t i o n f o r d e a t h ” in items (ft) and ( c ), strike out the words
“ the total monthly payments not to exceed $50.”
Under “ C o m p e n s a t i o n f o r d i s a b i l i t y ” item (c ) should read :
(c ) For temporary total disability, if unmarried, 40 per cent o f wages, not
less than $30 nor more than $55 per m onth; if married, 48 to 66f
per cent, not less than $40 nor more than $97 per month, according
to the number o f children.
In item (e) substitute $30 to $97 for $25.

PENNSYLVANIA.
Under “

In ju r ie s

c o m p e n s a te d ”

add “ disfigurement.”

PORTO RICO.
Under “ I n j u r i e s c o m p e n s a t e d ” first line should r e a d : “ All personal injuries
or disablements by accident or sickness occurring ” , etc.
Under “ I n d u s t r i e s c o v e r e d ” strike out the words “ employing three or more
persons ” in the first line.
Under “ C o m p e n s a t i o n f o r d e a t h , ” substitute “ two ” for “ three ” in the
first line.
Under “ C o m p e n s a t i o n f o r d i s a b i l i t y ” , item (ft), substitute $12 for $7.
Item (c ) should read:
(c ) F or permanent total disability from accident, not less than $2,000 nor
more than $4,000; if from disease, not less than $1,000 nor more than
$3,000; in each case in proportion to the rate o f wages earned at
the time o f injury.

RHODE ISLAND.
Under “ I n j u r i e s c o m p e n s a t e d , ” substitute “ one week ” fo r “ two weeks ” in
the third line.
Under “ P e r s o n s c o u n p e n s a t e d ,” substitute $3,000 for $1,800 in the third line.
Under “ C o m p e n s a t i o n f o r d i s a b i l i t y , ” item (a ) should read:
( a ) The necessary medical and hospital services fo r the first eight weeks,
not over $200.
In item (ft) substitute $16 fo r $14.

w o r k m e n ’ s c o m p e n s a t io n l a w s

oe t h e u n it e d s t a t e s .

SOUTH DAKOTA.
Under “ P e r s o n s c o m p e n s a t e d ” add to the first sentence the w ords “ and
nonresident aliens.”
Under “ C o m p e n s a t i o n f o r d i s a b i l i t y ,” in item (&) substitute $15 fo r $12
and $7.50 fo r $6.50.
In item ( c ) , substitute $15 for $12.

TEXAS.
Under “ I n d u s t r i e s c o v e r
ond line the w ord “ ranch.”

e d ”

insert after the word “ d om estic” in the sec

UTAH.
Under “ C o m p e n s a t i o n f o r d e a t h ” add to item ( a ) the words “ more if
the commission orders.”
Add to item ( b ), “ Term may be extended out o f special fund if dependency
continues.”
In item ( c ), second sentence, insert the words, “ widow remarrying receives
one-third the award remaining unpaid,” in first line.
Item ( d ) should read :
( d ) When there are no dependents the employer or his insurer must pay,
in addition to medical and funeral expenses, 20 per cent o f a death
benefit into the State treasury for a special fund.
Nonresident aliens (except in Canada) receive half rates.
Under “ C o m p e n s a t i o n f o r d i s a b i l i t y ” item ( a ) should read:
(a ) Such medical, nurse, and hospital services and medicines as the com
mission may deem proper, not over $500 in value, unless the com
mission orders.
Add to items ( b ) and ( c ) the words, “ unless wages are less, then fu ll

w^Lges.”
VERMONT.
Under “ C o m p e n s a t i o n f o r d i s a b i l i t y ,” in item ( 5) , substitute the words “ $6
minimum, $15 maximum,” for the words “ $3 minimum, $12.50 maximum.”
(N ext sentence unchanged.)
In item' ( d ) , substitute the words, “ not more than $15 nor less than $6, un
less the wages were less than $3,” for the words, “ not more than $12.50 nor
less than $3.”

VIRGINIA.
Under “ I n j u r i e s c o m p e n s a t e d ,” substitute 10 for 14 in last line.
Under “ P e r s o n s c o m p e n s a t e d ” “ Public employment,” r e a d : “ All employees
except elective officials, governor’s appointees, and municipal administrative
officials appointed for definite terms.”
Under “ C o m p e n s a t i o n f o r d e a t h ” in item ( 6) , substitute $12 for $10.
In last line, under item ( d ), substitute $4,500 for $4,000.
Under “ C o m p e n s a t i o n f o r d i s a b i l i t y ,” in item ( a) , substitute 60 days for 30
days.
In item ( b) , substitute $12 for $10, and $4,500 for $4,000.
In item ( o) , substitute $12 for $10.

A N ALYSIS OF P R IN C IP A L FEATURES,

WASHINGTON.
Under “ C o m p e n s a t i o n f o r d e a t h ” add as final clause:
Payments to alien nonresident beneficiaries, 50 per cent o f the above, unless
forbidden by treaty.
Under “ C o m p e n s a t i o n f o r d i s a b i l i t y ,” in item ( a) , insert after the w ord
“ temporary ” the words “ also after return to work if necessary to more com
plete recovery.’*

WISCONSIN.
Under “ I n j u r i e s c o m p e n s a t e d ,” add “ also disfigurements.”
Under “ C o m p e n s a t i o n f o r d i s a b i l i t y add to item (6 ) the words “ amounts
reduced for age.”
Item (c ) should read:
(c ) For partial disability, proportionate amount o f award for total dis
ability.
Item (e) should read:
(e ) For serious permanent disfigurement, a lump sum may be allowed not
exceeding average annual earnings for one year.
Add as final clause:
Basic wage for all awards, $525 minimum, $1,300 maximum.

WYOMING.
Under “ I n j u r i e s c o m p e n s a t e d substitute 7 for 10.
Under “ I n d u s t r i e s c o v e r e d ” strike out the words “ in which three or more
workmen are employed.”
Under “ C o m p e n s a t i o n f o r d e a t h ” in item ( a) , substitute $100 for $50.
In item ( b ) , substitute $120 for $100, and $3,600 for $3,000.
Under “ C o m p e n s a t i o n f o r d i s a b i l i t y , ” in item ( a ) , substitute $200 for $100.
Items ( b ) and ( c ) should read:
( b ) For permanent total disability, lump sum o f $4,000 if single or with
w ife or invalid husband, and a sum equal to $120 per year for each
child under 16 until the age o f 16 is reached, the total for children
not to exceed $4,000.
( c ) For temporary total disability, $50 per month if single, $60 if married,
and $7.50 per month for each child under 16, total not to exceed
$90 per month or the aggregate for permanent disability.
32860°— 23------2

CONSTITUTIONALITY AND CONSTRUCTION OF STATUTES.
W hile the purpose of compensation legislation to secure the ad
justment of the questions arising out of industrial injuries without
litigation has been successful in a high degree, the number of undis
puted awards far exceeding those taken to the courts for determina
tion, the fact remains that a considerable number of decisions is
rendered each year on this subject. The bulletins of the Bureau of
Labor Statistics in which annually are collected representative de
cisions of courts affecting labor contain a considerable number of
decisions on some phase of the subject of workmen’s compensation,
something above one-third of the bulk of the bulletin for 1921 being
devoted to that subject. There are also several bulky treatises on
the subject of compensation law. No attempt is made, therefore, at
this time to cover the various points as treated in Bulletin 272, pages
69-256, inclusive. However, some of the more important decisions
may be noted.
CONSTITUTIONALITY.

Mention has already been made of the decision holding unconsti
tutional the Arizona law of 1921 on account of its violation of cer
tain unusual provisions of the constitution of the State. One of
these is to the effect that “ no law shall be enacted in this State lim
iting the amount of damages to be recovered for causing the death or
injury of any person” ; while another provides that “ the right of
action to recover damages for injuries shall never be abrogated,
and the amount recovered shall not be subject to any statutory limi
tation.” In view of these restrictions, the supreme court of the
State held that a compensation law establishing fixed awards, as
well as the prior election to accept compensation in case of an in
jury, were both impossible of enactment (Industrial Commission v.
Crisman, 22 Ariz. 579, 199 Pac. 390). One of the judges in a con
curring opinion declared: “ I can not refrain from saying that it
seems regrettable that owing to its constitutional restrictions A ri
zona is barred from adopting a just and humane compensation law,
such as exists in 43 or 44 States of the Union,” suggesting as a rem
edy an amendment of the constitution, as had been done in Califor
nia and New York.
The section of the later law repealing the earlier act was, of course,
as ineffective as any other portion ox the unconstitutional law, so
that the act of 1912 continues in force.
Single provisions or supplemental acts have been found invalid
for various reasons. Thus the Louisiana compensation law de
volved upon the district courts of the parishes the duty of deter
mining the propriety or otherwise of permitting applicants to carry
self-insurance. This was held unconstitutional in view of the proyision of the State constitution which forbids other than judicial
14

C 0 N S T IT U T 1 0 N A IJ T Y AND CONSTRUCTION OF STATUTES.

duties to be entrusted to the judges { I n re Southern Cotton Oil Co.,
148 La. 69, 86 So. 656); but the approval of agreements by the courts
was held proper (Craft v. Gulf Lumber Co., 91 So. 736). In Tennes
see specific fees were allowed judges passing on contested compensa
tion cases, and this provision was held invalid in view of the limita
tion in the State constitution as to any change in a judge’s salary
during the term for which he was elected (Scott v. Nashville Bridge
Co., 143 Tenn. 86, 223 S. W . 844).
A lie n s .— Some laws discriminate between nonresident alien bene
ficiaries and other beneficiaries. Such a provision of the Kansas
statute was contested, and held invalid in view of the treaty between
the United States and Italy, in which country the claimants resided,
to the effect that citizens of respective nations were entitled to the
full rights of recovery of nationals. The fourteenth amendment
was also cited as forbidding discrimination between persons within
the jurisdiction of any State (Vietti v. Fuel Company, 109 Kans.
179, 197 Pac. 881). Tne Italian treaty was also assigned by a Penn
sylvania court of common pleas as ground for holding an exclusion
provision of the State law unconstitutional (Liberato case, 1922).
R eh a bilita tion , etc .— A California law (ch. 183, Acts of 1919)
sought to provide a rehabilitation fund for injured workmen by levy
ing payments in cases of fatal injuries where no dependents were
found. The supreme court of that State held this to be an effort to
impose an unauthorized tax, as compensation charges were to be for
benefits payable to one’s own employees and their dependents and not
for general use. The act was therefore declared unconstitutional
(Yosemite Lumber Co. v . Industrial Accident Commission, 187 Cal.
774, 204 Pac. 226).
Over against this decision may be set one of the Court of Appeals
of New York sustaining as constitutional a law (ch. 622, Acts of
1916) providing for the payment of the sum of $100 into a special
second injury fund where no dependents survived. This was said
to be valid legislation, in harmony with other provisions of the
compensation act and within the letter and spirit of the constitu
tion (Industrial Commission v. Newman, 222 N. Y . 363, 118 N. E.
794). This decision, appearing in Bulletin No. 272, was adverted to
in a recent case, in which it was said that payments to second injury
funds were due even though a dependent survived, if such dependent
failed to press his or her claim as provided by the statute. In the
case in hand (State Treasurer v . West Side Trucking Co., 233 N. Y .
202, 135 N. E. 244) it was stated to be the understanding that the
deceased employee left surviving a dependent widowed mother.
However, no more specific information was ever brought to the court
or the commission, and the year within which claims must be filed
expired without any submission. Upon that record no suggestion
that insurer and employer might wish to waive the statute of limita
tions and pay compensation could be entertained as requiring the
matter to be held open for a contingent award, which would cut
off the payment into the State treasury. In regard to the matter of
constitutionality, note may be made of the ruling by the Supreme
Court of Utah upholding as constitutional a provision of the com
pensation law of that State similar to that of New York under con
sideration above (Salt Lake City v . Industrial Commission, 199
Pac. 152).

w o r k m e n ’ s c o m p e n s a t io n l a w s

of t h e

u n it e d s t a t e s .

A New York law (ch. 760, Acts of 1920) also provides for a con
tribution of $900 for a special rehabilitation fund where an injured
workman dies leaving no dependents. This also was said to be
constitutional (Watkinson v . Hotel Pennsylvania, 187 N. Y . Supp.
278).
DISEASE AS COMPENSABLE INJURY.

The subject of occupational diseases and other diseases classifiable
as injuries arising out of and in the course of the employment has
received legislative attention. Three States, Minnesota, New York,
and Ohio, have made statutory provisions on this subject in the past
three years. Diseases not strictly classifiable as occupational in the
sense that they are causally connected by their characteristic nature
to the occupation entitle the victim or his dependents to compensation
according to rulings of the various commissions and boards. Thus a
carpenter in Indiana was allowed compensation for disability from
what is commonly known as “ housemaid’s knee,” a recognized occu
pational disease under the British law. The court here held that
even if the disability was due to occupational disease the injury was
an accident under the State law (Standard Cabinet Co. v. Landgrave,
132 N. E. 661). In contrast with this somewhat liberal ruling may
be placed a decision by the Supreme Court of Oregon against a claim
ant suffering from lead poisoning (Iwanicki v. Industrial Accident
Commission, 205 Pac. 990).
Death from pneumonia was held by the Supreme Court of Utah to
be compensable where a workman, apparently a strong and healthy
man who had made no complaint of indisposition, was said by a phy
sician to show the “ beginning of pneumonia” two hours after an
injury in a mine resulting from being jerked a distance of 6 or 8 feet
down a stope. He immediately complained of great pain and became
progressively worse until his death from lobar pneumonia 5 days
later. Admitting .that the rapid development was unusual, the fact
that suffering and disease were apparently incident to the injury,
with a sequel of death, was said to support the award of the commis
sion in favor of the widow (Milford Copper Co. v. Industrial Com
mission, 210 Pac. 993). The Supreme Court of Illinois took a similar
view where a healthy man was crushed between a car and a prop in
a mine, sustaining a fracture of ribs to back and chest, dying shortly
thereafter from pneumonia (Lumaghi Coal Co. v. Industrial Com
mission, 137 N. E. 439).
INJURY ARISING OUT OF AND IN COURSE OF EMPLOYMENT.

The same (Illinois) court affirmed an award where an epileptic
fell into an ash pit and was fatally -burned, the court saying that he
died from the injury and not from epilepsy (Rockford Hotel Co. v.
Industrial Commission, 132 N. E. 759).
Whether the injury arose out of the employment was the question
involved in a rather unusual case before the Supreme Court of Maine.
A n operation was provided for a case of ventral hernia recognized
as suffered in the course of employment. The injured man already
had an inguinal hernia which was not affected at the time, but when
the surgeon employed by the employer operated for ventral hernia
the injured man requested that at the same time he perform the

CO N ST ITU T IO N A LITY AND CONSTRUCTION OF STATUTES.

proper separate operation for the inguinal hernia at his expense.
Two days later the man died from “ postoperative surgical shock.”
It could not be determined which operation was the direct cause of
death, or whether the operation for ventral hernia could have been
charged therewith. An award had been made, which the court re
versed, on the ground that it was a mere matter of conjecture as to
the causal connection (Dulae v . Proctor & Bowie, 114 A tl. 293).
A n occupational injury was held to exist in another case of an unusual
nature in which an employee was induced to accept inoculation during
an epidemic of influenza, on the invitation and recommendation of
his employer, and at the hands of the company physician. The em
ployee fainted on his return to his desk after the inoculation and fell,
striking his head on the floor, and receiving fatal injuries. The
case was carried to the supreme court of the State and again to the
court of errors and appeals, the award being upheld throughout
(Freedman v. Spicer M fg. Corp., 116 A tl. 427).
EMPLOYMENT STATUS.

The question of relationship of employer and employee was in
volved in a New York case (Hines v. Henry I. Stetler (Inc.), 188
N. Y . Supp. 73), in which it was found that longshoremen engaged
in loading trucks at a pier were in the employment of a labor organi
zation which claimed control of the labor supply, none but members
of the union being permitted to work. The owner of the trucks was
said to have no contractual relation with the worker, exercising no
control over him, dealing only with the “ boss” appointed by the
union.
COVERAGE.

A challenge to constitutionality was made by an Indiana coal
company to the compensation law of that State on account of its pro
vision making the law apply compulsorily to coal mines, while it was
elective as to other hazardous employments. The constitutionality
of this provision was upheld by the Supreme Court on the ground
that there is a sufficient distinction between coal mining and other
hazardous employments to warrant such a classification by the State
legislature (Lower Vein Coal Company v . Industrial Board, 255
U. S. 144, 41 Sup. Ct. 252). It was also said that the fact that all
employees of coal mine operators, and not only those exposed to the
special mine hazards, were included within the terms of the law did
not vitiate it. The foregoing attitude of legislature and court stand
out in marked contrast with the provision of the Tennessee statute
of 1919, which exempts coal mines from the operation of the act
except by special positive election, other occupations being presumed
to be covered by the law.
The New York law is applicable to hazardous operations, among
which are classed those “ employing four or more operatives or
workmen” in the same locality. An isolated workman was held to
be within the provisions of the law, the employer and all his force
being brought within the terms of the act regardless of the contact
or remoteness of an individual workman with the qualifying group
of workmen (W ard & Gow v . Krinsky, 42 Sup. Ct. 529).

w o r k m e n ' s c o m p e n s a t io n l a w s oe t h e u n it e d s t a t e s .

The same law exempts occupations not for pecuniary gain, unless
by joint election or unless the parties come under the act. This pro
vision led to a reversal by the appellate division of an award by the
industrial commission in favor of the widow of a cook killed by acci
dent while in the course of his employment by a social club which
operated a restaurant for the convenience of its members, but at a
financial loss (Francisco v. Oakland Golf Club, 185 N. Y . Supp. 97).
However, it was held that where an occupation produces profit the
application of that profit will not affect the right to compensation.
Thus, where a country club had wood cut and sold, applying the
proceeds to the maintenance of the club, a woodcutter injured while
at work for the club was held entitled to compensation (U hl v.
Hartwood Club, 221 N. Y . 588, 116 N. E. 1000). Nothing could
more forcibly illustrate the illogical conditions produced by such
a provision of law, the economic needs of the widow of the cook be
ing certainly presumptively as urgent as those of the worker who
happened to be engaged in a profit-making branch of the social
club’s activities. To require employees of either eleemosynary or
pleasure-seeking organizations to assume hazards for the conse
quences of which workers in identical employments may have com
pensation without question can not be regarded as other than abso
lutely lacking in justification. Another difficulty arising out of the
effort to carry out such discriminations is illustrated by a case
(Dillon v . Trustees of St. Patrick’s Cathedral, 189 N. Y . Supp. 594).
In this case a grave digger was employed by a religious society which
made a profit on its cemetery, but applied this profit to charity,
furnishing free graves for those unable to pay for them. The appel
late division affirmed an award in Dillon’s favor, construing the de
cision in the Uhl case as warranting such action, since Dillon was
not interested in the use made of the pecuniary gain flowing from
the sale of burial privileges in connection with which he was em
ployed. However, when the case was taken to the court of appeals
this decision was reversed (137 N. E. 311), the court holding that
the single operation of a profit-making interment did not give quality
to the employment, since revenues from the property of the corpora
tion can be applied only to its maintenance or for some religious,
charitable, etc., object, without possibility of division of profits,
directly or indirectly. This case was distinguished from the Uhl
case, where the proceeds of sales of the timber might have been dis
tributed among the members as dividends or used to diminish assess
ments.

WORKMEN'S COMPENSATION LAWS OF CANADA.
PROGRESS OF LEGISLATION.
The number of Canadian Provinces having compensation laws is
the same as in 1919, though the legislature of Manitoba enacted a
new draft of a law in 1920. The law of Saskatchewan giving injured
workmen a right to sue for damages for injuries, though called by
the legislature enacting it a compensation law, lacks the characteris
tic features of such a law in that no specific recoveries or benefits
are fixed and that an action at law is required to determine the rights
of the injured worker or those claiming under him. However, the
right of action exists without reference to any question of the negli
gence of the employer or his representatives, and the defenses of
fellow service, contributory negligence, and assumption of risks are
barred, so that the law occupies at least a middle ground between
compensation and liability statutes. Recovery may not exceed three
years’ earnings, or $2,000, whichever is greater, “ but shall not exceed
in any case the sum of $2,500”— a provision the construction of
which is not clear. Enforcement is devolved on the commissioner
of the bureau of labor and industries of the Province.
Amending legislation has had the effect of a closer approximation
to uniformity among the laws of the various Provinces, amounts of
compensation being generally increased during the past three years.
One provision embodied in several of the laws gives to an aunt or
other foster mother, in cases where some one comes into a home for
the purpose of caring for orphaned children of a workman coming
under the act, a benefit allowance equivalent to that of the widow had
she survived.
The same mode of presentation is followed as in the case of the
laws of the United States, the following pages giving, first, the
analyses of principal features as affected by amendments, etc., and
then the text or amendments.

ANALYSIS OP THE PRINCIPAL FEATURES OF THE LAWS.
ALBERTA.
Under “ P e r s o n s c o m p e n s a t e d ” strike out from the second sentence the
w ords “ Traveling salesmen, clerks.’*
Under “ C o m p e n s a t i o n f o r d e a t h ” items (&), ( c ), and ( d ) should read:
(6 ) T o widow or invalid widower, $35 monthly, $7.50 additional fo r each
child under 16 years o f age, maximum $65; to orphans, $12,50 per
month each, maximum $50.
(c ) To other dependents, a sum proportionate to the pecuniary loss, not
over $30 monthly to parents nor over $65 in all, during the period
o f reasonably expected assistance.
( d ) Payments to children cease at 16 unless invalid, and to a w idow upon
remarriage, but she shall receive a lump sum o f $480.
Under “ C o m p e n s a t i o n f o r d i s a b i l i t y ,” read :
(a )
Medical aid to be furnished under a scheme approved by the board ;
special medical and surgical treatment and apparatus at cost o f
accident fund as board may approve as saving to fund.
• (&) F or total disability, 55 per cent o f average weekly wages during its
continuance, not less than $10 unless wages were less, then full
wages.
( c ) For partial disability, 55 per cent o f wage loss during its continuance;
if wage loss is less than 10 per cent, commuted lump sum unless
thought disadvantageous to workman.
Any award may be commuted in whole or in part to lump-sum pay
ments.

BRITISH COLUMBIA.
Under “ C o m p e n s a t i o n f o r d e a t h ” items (6 ) and (e ) should read:
(&) To widow or invalid widower, $35 monthly, $7.50 additional fo r each
child under 16 years of age, maximum $65; to orphans, $12.50 per
month each, maximum $50.
(c ) To other dependents, a sum proportionate to the pecuniary loss, not
over $30 monthly to parents, nor over $65 in all, during the period
o f reasonably expected assistance. Parents may share with bene%
ficiaries in (&), within the limits o f $65.
Add to item ( d ) “ not over $480.”
20

AN ALYSIS OF PR IN C IP A L FEATURES.

MANITOBA.
D a te

o f e n a c t m e n t . — March

16, 1910; new act, 1916; new act, March 27,1920,

amended, 1921.
I n j u r i e s c o m p e n s a t e d . — Injuries by accident arising out o f and in course o f
employment causing disability for at least 3 days or death; those due solely
to the serious and w illful misconduct of the workman excepted unless death or
serious permanent disability resu lts; includes enumerated occupational diseases.
I n d u s t r i e s c o v e r e d . — Enumerated list, which the board may enlarge or take
from. Other establishments may be included by election o f the employer and
approved by the board. Farm labor and domestic service are excluded.
P e rso n s
c o m p e n s a t e d . — Private employm ent: Workmen in the industries
covered except casual employees for other purposes than the employer’s trade
or business; nonresidents only if reciprocal rights are given by country o f
residence. Public em ploym ent: Included if from the nature o f their work they
would be included if working fo r a private employer.
B u r d e n o f p a y m e n t . — On employer.
C o m p e n s a tio n
( a ) Burial

fo r

d e a th :

expenses not exceeding $150.
(b ) To w idow or invalid widower, $30 monthly, and $7.50 for each child
under age o f 16; orphans $15 each. T o others in proportion to the
pecuniary loss, not over $20 to each, nor over $40 in all, during the
period o f reasonably expected assistance.
Payments to children cease at age o f 16 unless invalid, and to a widow
on remarriage, when she receives two years’ payments in a lump sum.

C o m p e n s a tio n fo r d is a b ility :
( a ) Medical attendance, care,

maintenance and apparatus, as the board
may deem necessary.
( b ) For total disability, 66f per cent o f the average weekly earnings during
disability, not less than $15.
(a) For partial disability, 66§ o f the wage loss during such disability;
disfigurements and slight impairments may be compensated by a
lump sum.
Earnings in excess o f $2,000 are not considered as basis for awards.
Any periodic payment may be commuted to a lump sum.
R e v i s i o n o f c o m p e n s a t i o n . — The board may at any time rescind, alter, or
amend any decision or order made by it.
I n s u r a n c e . — All employers covered by the act contribute to a provincial
accident fund, by which all payments are made.
S e c u r i t y o f p a y m e n t s . — Fund administered by provincial board; assessments
o f premiums have priority over other d eb ts; if fund is deficient, advances may
be made from the consolidated revenue fund o f the Province. Benefits are
exempt from assignment, attachment, etc.
S e t t l e m e n t o f d i s p u t e s . — W orkmen’s compensation board has full and final
jurisdiction o f all questions under the act.

NEW BRUNSWICK.
Under “ C o m p e n s a t i o n f o r d e a t h ,” in item ( 5 ) , insert in second line “ to
orphans, $15 each per month.”
In item ( d ) , for first clause, substitute “ Payments to boys cease at 16, to
girls at 18.”
Under “ C o m p e n s a t i o n f o r d i s a b i l i t y ” item ( a ) should read:
( a ) Medical, surgical, and hospital aid, and transportation as may be nec
essary as the result o f the injury.

W O R K M E N S CO M PENSATION L A W S OF CANADA.

NOVA SCOTIA.
Under “ I n d u s t r i e s c o v e r e d ” read:
Compulsory as to all industries listed in the act. Voluntary as to excluded
industries, including farm labor and domestic service.
Under “ C o m p e n s a t i o n f o r d e a t h ” r e a d :
(a ) Burial expenses, maximum $75.
(b ) T o w idow or invalid widower, $30 per month, $7.50 additional fo r
each child under 16 years; to orphans, $15 each per month. M axi
mum $60.
(c ) T o other dependents, a sum proportionate to the pecuniary loss, not
over $30 per month to parents, nor over $45 in all, during the period
o f reasonably expected assistance.
( d ) Payments to children cease at 16 unless invalid, and to a w idow on
remarriage, when she receives $20 monthly fo r 25 months, or an
equivalent lump sum or sums.
Aggregate payments may not exceed 55 per cent o f workm an’s wages.

ONTARIO.
Under “ C o m p e n s a t i o n f o r d e a t h ,” in item (a ) substitute $125 for $75.
Items (b ) and (c ) should read:
( b ) To a w idow or invalid widower, $40 per month, $10 additional fo r each
child under 16 y e a r s; orphans, $15 per month each.
(c ) To other dependents, an amount proportionate to the pecuniary loss,
fo r such time as support might be reasonably expected.
In item ( d ) , second clause, substitute 66£ fo r 55.
Under “ C o m p e n s a t i o n f o r d i s a b i l i t y ,” in item ( a ) insert after the w ord
" aid ” the w ords “ including artificial members.”
In item (b ) substitute 66f for 55 and add at end “ not less than $12.50, unless
wages were less, then fu ll wages.”
In item (c ) substitute 66§ for 55.

QUEBEC.
Under “ P e r s o n s c o m p e n s a t e d ” substitute $1,500 for $1,200.
Under “ G o v e r n m e n t e m p l o y e e s ” r e a d : Employees o f a municipality itself
undertaking public works are included if a contractor’s employees would have
come under the act.
Under “ C o m p e n s a t i o n f o r d e a t h ” in item (a ) substitute $50 fo r $25 and
strike out all follow ing words.
In item (b ) substitute $1,500 for $1,000 and $3,000 for $2,500.
Under “ C o m p e n s a t i o n f o r d i s a b i l i t y ,” in item ( d ) substitute $1,000 fo r $800.
$1,500 for $1,200, and $3,000 for $2,500.

APPENDIX-TEXT OF THE WORKMEN’S COMPENSATION LAWS.
PART I.—UNITED STATES.
CALIFORNIA.
ACTS OF 1921.
C h a p t e r 155.— S t a t e

in s u r a n c e

fu n d —

T r a n s fe r

o f

fu n d s .

S e c t io n 1. The “ State compensation insurance fund,” created
Return of ad‘
by an act approved May 26, 1913 (ch. 176, Law s o f 1913), having vance*
become self-supporting as contemplated by section thirty-seven o f
said act, and the sum o f one hundred thousand dollars appro
priated for the use o f said fund by an act approved May 26,
1913 (ch. 180, Laws o f 1913), not having been expended and being
no longer required for the support or use o f said fund, and the
industrial accident commission consenting to the surrender o f the
use o f said sum o f money, said sum of one hundred thousand dol
lars is hereby transferred from the said “ State compensation
insurance fund ” to the general fund o f the State.
Approved, May 18, 1921.

COLORADO.
ACTS OF 1921.
C h a p t e r 251.— S t a t e

in s u r a n c e

fu n d — A d m in is tr a tiv e

c o s ts .

S e c t io n 1. From and after the passage o f this act the interest
earned during any fiscal year, on any and all investments o f the
State compensation insurance fund, or so much o f said interest
as shall be necessary, shall be used in paying the salaries o f the
manager and other employes o f said fund and the traveling,
contingent, and incidental expenses in administering said fund
for such fiscal year in accordance with such appropriation there
for as shall be made by the General Assembly in the general ap
propriation bill, and said expenses shall be paid by the State
treasurer as other expenses o f the Industrial Commission o f Colo
rado are p a id : P r o v i d e d , h o w e v e r , That no part o f said fund
shall be used except interest.
Approved, April 7, 1921.

Salaries, etc.

CONNECTICUT.
[The compensation law o f this State was amended by chs. 148
and 806, Acts o f 1921. The changes are indicated below.
Section 5841 was amended by ch. 306 by striking out from
the third sentence the w ords “ Any disease which was caused by
an injury arising out o f and in the course o f the employment
shall be deemed to be a natural consequence o f such injury, but,”
so that the sentence now begins with the w ords “ In any case o f
aggravation, etc.”
Section 5346 is amended by ch. 306 by adding thereto the
fo llow in g :]
The w ord “ compensation ” as used in this section shall be con
“ C o mp e n s a
tion.”
strued to include not only incapacity payments to an injured em
ployee and payments to the dependents o f a deceased employee,
but also sums paid out for surgical, medical, and hospital serv
ices to an injured employee and the one hundred dollars burial
fee provided by law.
[Section 5347 is amended by ch. 306, Acts o f 1921, by adding to
the sixth sentence thereof, which defines “ the pecuniary liability
o f the employer,” the w ords “ but the liability o f the employer
for hospital service shall be the amount it actually costs the
hospital to render the service, said amount to be determined by
the commissioner.”
Section 5350 is amended by ch. 306, Acts o f 1921, by striking
out the last twro sentences, relating to aliens, and substituting
therefor the follow in g :]
When the sole dependents as herein defined shall at the time
Nonresident
aliens.
o f the injury be nonresident aliens and the deceased shall have
in this State some person or persons who are dependent in fact,
then the commissioner having jurisdiction may in his discretion
equitably apportion the sums payable as compensation to the
dependents.
[Section 5351 is amended by ch. 306, Acts o f 1921, by changing
the maximum weekly benefit for total disability from $14 to $18.
Section 5352 is amended by ch. 306, Acts o f 1921, by making the
fourth sentence thereof, down to the colon, read as fo llo w s :]
W ith respect to the follow ing injuries the compensation, in
Rate of com
pensation.
addition to the usual compensation for total incapacity, but in
lieu o f all other payments for compensation, shall be h alf o f the
average weekly earnings o f the injured employee, but in no case
more than eighteen dollars or less than five dollars weekly.
[The follow ing is also added at the end o f the section:]
In case o f an injury to any portion o f the body, referred to in
P r o p ortionate
awards.
subsections (a ) to ( k) , inclusive, or to a phalanx or phalanges
o f the thumb, finger, or toe, the commissioner may in his discre
tion, in the manner hereinbefore provided, award compensation
fo r the proportionate loss or loss o f use o f the member o f the
body affected by such injury.
[Section 5360 is amended by ch. 306, Acts o f 1921, by adding
to the first sentence thereof the words “ P r o v i d e d , For due cause
shown, the commissioner may, by an order made at any time
within two years from the date o f such injury, extend the time
for making such claim fo r a period not exceeding two years from
the date of such injury.”
Section 5363 is amended by ch. 306, Acts o f 1921, by making
the second sentence thereof read as fo llo w s :]
Hearings.
Upon such notice, or upon the knowledge that an agreement has
not been reached in a case in which a right to compensation may

TEXT OF LAW S— CO N N ECTICU T.

exist, the commissioner shall appoint an early hearing upon the
matter, giving both parties due notice o f time and place not less
than ten days prior to the date appointed: P r o v i d e d , The com
missioner may, on finding an emergency to exist, give such notice
as he finds reasonable under the circumstances.
[Section 5380 is amended by ch. 306, Acts o f 1921, by extending
from 30 days to six months the time within which an employee
may exercise his option to bring an action to recover damages.
Section 5387 is amended by ch. 148, Acts of 1921, by changing
the words “ at cost ” in the final clause to read “ at such prices
as may from time to time be fixed by the comptroller.”
Section 5388 is amended as fo llo w s :]
ec
(as amended by ch.
Acts o f
Terms in
said chapter are defined as fo llo w s : “ Commissioner ” shall mean
that compensation commissioner who has jurisdiction in the mat
ter referred to in the context. “ Commission ” shall mean the
five commissioners, or a m ajority o f them, acting as a board.
“ Dependents ” shall mean members o f the injured employee’s
fam ily or next o f kin who were wholly or partly dependent upon
the earnings o f the employee at the time o f the injury. “ Em
ployee ” shall mean any person who has entered into or works
under any contract o f service or apprenticeship with an employer,
whether such contract contemplated the perform ance o f duties
within or without the State, and shall also include any salaried
officer or paid member o f any police department or fire depart
ment o f any municipal corporation in the State, irrespective o f
the manner in which he is appointed or employed, which provision
shall not be construed as affecting any existing rights as to
pensions which such persons or their dependents may now have,
or as preventing any existing custom o f paying the full salary o f
any such person during disability due to injury arising in the
course o f and out of his em ploym ent; but said term shall not
be construed to include either (a ) an outworker, or (b ) one
whose employment is of a casual nature, and who is employed
otherwise than for the purposes o f the employer’s trade or
business, or (c ) a member o f the employer’s fam ily dwelling in
his house, provided, if in any contract o f insurance the wages or
salary o f a member o f the employer’s fam ily dwelling in his
house is included in the pay roll on which the premium is based,
then such person shall, in the event o f his sustaining an injury
arising out o f and in the course o f his employment, be deemed
an employee and compensated accordingly. “ Employer ” shall
mean any person, corporation, firm, partnership, voluntary asso
ciation, joint-stock association, the State, and any public cor
poration within the State using the services o f another for p a y ;
it shall include also the legal representatives o f any such em
ployer. “ Outworker ” shall mean any person to whom articles
or material are given to be treated in any way on premises not
under the control or management o f the person who gave them
out. The word “ injury,” as the same is used in said chapter,
shall be construed to include any disease which is due to causes
peculiar to the occupation and which is not o f a contagious, com
municable, or mental nature. Singular terms may be taken to
include the plural and plural the singular, and masculine terms
to include males, females, and legal persons, as the natural in
terpretation o f the context may require.

S . 5388

306,

1921).

Definitions.

DELAWARE.
[The compensation law o f this State was amended by ch. 186,
Acts o f 1921. The changes are indicated below.
Section 3193h-101 was amended so as to read as fo llo w s :]
W a itin g tim e.
S e c t i o n 3193h-101 (as amended by ch. 186, Acts o f 1921).
(a ) No compensation shall be paid for any injury which does not
incapacitate the employee fo r a period o f at least two weeks from
earning full w ages; but if incapacity extends beyond the period
o f two weeks, compensation shall begin on the fifteenth day after
such in capacity: P r o v i d e d , h o w e v e r , That if such incapacity con
tinues fo r four weeks or longer, such compensation shall be com
puted from the date o f incapacity.
M edical, etc.,
(b ) During the first thirty days after the injury the employer
aid*
shall furnish reasonable surgical, medical, and hospital services,
medicines, and supplies as and when needed, unless the employee
refuse to allow them to be furnished by the employer. The cost
o f such services, medicines, and supplies shall not exceed one
hundred dollars.
I f the employer shall, upon application made to him, refuse to
furnish reasonable surgical, medical, and hospital services, medi
cines, and supplies, the employee may procure the same and shall
receive from the employer the reasonable cost thereof w ithin the
above limitations.
E x t e n s io n of
(c ) Upon application made to the industrial accident board by
term*
the injured employee or some one on his behalf the board may, in
its discretion, require the employer to furnish additional surgical,
medleal, and hospital services, medicines, and supplies, as and
when needed, fo r such further period as it shall deem right and
proper. The charges for such additional surgical, medical, and
hospital services, medicines, and supplies shall not exceed the
rates regularly charged to other individuals for like services and
supplies: P r o v i d e d , h o w e v e r , The industrial accident board shall
at all times have jurisdiction to determine, and shall determine, the
character o f service and supplies to be furnished,
charges! * * * *
(d ) I f any person, firm, or corporation charged w ith the pay
ment o f the above-mentioned surgical, medical, and hospital serv
ices, medicines, and supplies, and the person, firm, or corpora
tion to whom the same are due and payable, fa il to reach an
agreement in regard to said charges, either party may n otify the
industrial accident board o f the facts, and the said board shall
thereupon, after notice o f the time and place o f hearing, sent by
registered mail to all parties in interest, hear and determine the
matter and n otify such parties o f its conclusions.
R efu sin g aid.
(e ) I f the employee shall refuse reasonable surgical, medical,
and hospital services, medicines, and supplies tendered to him by
his employer, he shall forfeit all right to compensation fo r any
injury or any increase in his incapacity shown to have resulted
from such refusal.
[Section 3193j~103 is amended by ch. 186, Acts o f 1921, by strik
ing out the word “ exclusively ” in the third line o f subsection ( c ) ,
and hy adding to the schedule in that subsection the fo llo w in g :]
S c h e d u le .
F or the loss o f a thumb, fifty per centum o f wages during sixty
w eeks;
F or the loss o f a first finger, commonly called index finger,
fifty per centum o f wages during thirty-five w eek s;
For the loss o f a second finger, fifty per centum o f wages dur
ing thirty w eeks;
26

TEXT OF LAWS— DELAWARE.

F or the loss o f a third finger, fifty per centum o f wages during
twenty w eek s;
F or the loss o f a fourth finger, commonly called little finger,
fifty per centum o f 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
period, and compensation for the loss o f one-half o f the first
phalange shall be for one-fourth o f the period.
The loss o f more than one phalange shall be considered as the
loss o f the entire finger or thumb: P r o v i d e d , h o w e v e r , That in
no ease shall the amount received for more than one finger
exceed the amount provided in this schedule for the loss o f a
hand.
For the loss o f a great toe, fifty per centum o f wages during
thirty w eeks;
For the loss o f one o f the toes, other than a great toe, fifty
per centum o f wages during ten w eeks;
The loss o f the first phalange o f any toe shall be considered to
be equal to the loss of one-half o f such toe, and compensation
shall be for one-half o f the period.
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 fractional part o f the vision o f an eye the
compensation shall be for such percentage o f the total number o f
weeks allowed for the total loss o f the use o f an eye under this
subsection (c ) as the loss suffered bears to the total loss o f
an eye.
In all other cases in this class, or when the usefulness o f a Other in ju r ie s
member or any physical function is permanently impaired, the
compensation shall bear such relation to the amount stated in the
above schedule as the disabilities bear to those produced by the
injuries named in the schedule.
Procedure.
S e c . 3193q-110 (as amended by ch. 186, Acts o f 1921). In all
hearings before the board it shall make such inquiries and inves
tigations 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 records, and a copy thereof
shall either be served personally on or sent by registered mail to
each o f the parties in interest within one week after making such
award. The Superior Court o f the State o f Delaware shall, in
accordance with the provisions o f article 4, section 24 o f the con
stitution o f the State o f Delaware, and in accordance with such
rules as said court is hereby authorized to make, provide for the
obtaining o f evidence outside of the State of Delaware, to be
used in hearings before the industrial accident b o a rd : P r o v i d e d ,
h o w e v e r , That subject to the approval o f the industrial accident
board, the parties in interest in any particular cause may agree upon
different methods o f taking such evidence. The subpoenas pro
vided for in this act shall be effective throughout the entire Stata
Whenever a cause shall be remanded to the industrial accident
board for a rehearing, all evidence theretofore taken before the in
dustrial accident board in a previous hearing or hearings shall be
come part of the evidence in the hearing upon the remand.
Definitions and
S ec . 3193tt-139 (as amended by ch. 186, Acts o f 1921). The
term “ dependent ” shall include all persons other than the injured construction.
employee who are entitled to compensation 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 repre
sentatives, and the w idow or w idower o f the deceased, and guar
dians o f infants or trustees for incompetent persons.
(a ) The term “ com pensation” wherever used in this act and
wherever the context requires it shall be held to include surgical,
medical, and hospital services, medicines and supplies, and funeral
benefits provided fo r in this a c t

w o r k m e n ’s c o m p e n s a t io n l a w s oe t h e u n it e d s t a t e s .
(b ) The notice required to be served on all parties in interest
under the provisions o f 3193o, section 108, chapter 90, Revised
Code, as amended by chapter 233, volume 29, Laws o f Delaware,
may be served personally or sent by registered mail.
(c ) The provision in 3193p, section 109, chapter 90, Revised
Code, as amended by chapter 233, volume 29, Laws o f Delaware,
that the industrial accident board shall “ send to the parties a
copy o f the award ” shall be construed to mean either personal
delivery of such copy or the sending thereof by registered mail.
(d ) Proceedings for compensation may be instituted by the
surviving parent, guardian, or next friend in the case o f minors
claiming to be entitled to compensation, and all notices thereafter
shall be given in the manner provided in this act to said parent,
guardian, or next friend.
(e) Compensation agreed upon or awarded to an injured em
ployee who shall have died and which shall not have been paid
at the time of his death, shall be paid to his nearest dependent as
indicated by 3193k, section 104, chapter 90, Revised Code o f the
State o f Delaware, as amended by chapter 233, volume 29, Laws
o f Delaware, and chapter 203, volume 30, Laws o f Delaware.
( f ) In construing the w ords “ earning power o f the employee
th erea fter” as the same appears in subsection (b ) o f 3193 j, sec
tion 103, chapter 90, o f the Revised Code o f the State o f D ela
ware, as amended by chapter 233, volume 29, Laws o f Delaware,
the industrial accident board shall take into consideration the
value o f gratuities, board, lodging, and similar advantages re
ceived by the employee in a subsequent employment.

GEORGIA.
ACTS OF 1920.
C om pensation o f w orkm en fo r in ju ries .
(P a g e 167 .)
S e c t i o n 1. This act shall be known as the Georgia workmen’s
Title.
compensation act.
S e c . 2 (as amended by act o f August 16, 1922).
In this act,
unless the context otherwise requires:
(a ) “ Employers ” shall include any municipal corporation within Em ployers.
the State and any political division thereof, and any individual,
firm, association, or corporation engaged in any business operated
for gain or profit, except as hereinafter excepted, and the receiver
or trustee of the same, and the legal representative of a deceased
employer, using the service of another for pay. If the employer
is insured, it shall include his insurer so far as applicable.
(b ) “ Employee ” shall include every person, including a minor, Em ployees.
in the service o f another under any contract of hire or apprentice
ship, written or implied, except one whose employment is not in
the usual course of the trade, business, occupation, or profession
o f the employer and, except as hereinafter set out. Minors are
included even though working in violation o f any child labor law
or other similar statute: P r o v i d e d , That nothing herein contained
shall be construed as repealing or altering any such law or statute.
Any reference to any employee who has been injured shall, when
the employee is dead, include also his legal representatives, de
pendents, and other persons to whom compensation may be pay
able, pursuant to the provisions o f this act.
(c ) The basis for computing the compensation provided for' in Basis of com
pensation.
this act shall be as follow s:
1. The compensation of an injured person shall be computed on
the basis o f the regular wage received by the employee on the
date o f the accident. The compensation o f the injured person
who has not been receiving regular wages and has been employed
for such a short period o f time that it is impracticable to accu
rately determine his wages, the wages of the employees o f the
same class, in the same employment, in the same locality, or, if
that be impracticable, o f neighboring employees o f the same kind,
shall be used as a basis for determining the wages o f such injured
employee.
(d ) “ I n ju r y ” and “ personal in ju r y ” shall mean an injury by Injury.
accident arising out o f and in the course o f employment and shall
not include a disease in any form except that resulting naturally
and unavoidably from the accident. Nor shall “ injury ” and
“ personal injury ” include injury caused by the w illful act o f the
third person directed against the employee for reasons personal to
such employee.
When an employee coming under provisions o f this act receives Third parties.
an injury for which compensation is payable under this act and
which injury was caused under circumstances creating a legal
liability in some person other than the employer to pay damages
in respect thereto the employee, or beneficiary, may take proceed
ings both against that person to recover damages and against the
employer for compensation, but the amount o f compensation to
which he is entitled under this act shall be reduced by the amount
o f damages recovered. I f the employee, or beneficiary o f the em-

32860°— 23----- 3

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 t h e u n it e d s t a t e s .

H ernia.

P en din g
E lection
Eumed.

ployee, in such case recovers compensation under this act, the
employer by whom the compensation was paid, or the party who
was called upon to pay the compensation, shall be entitled to
indemnity from the person so liable to pay damages as aforesaid,
and shall be subrogated to the rights o f the employee to recover
therefrom, to the extent o f the compensation.
(e) In all claims for compensation for hernia resulting from
injury by accident arising out o f and in the course o f the em
ployee’s employment it must be definitely proven to the satisfac
tion o f the industrial com m ission: First, that there was an injury
resulting in h ern ia; second, that the hernia appeared suddenly;
third, that it was accompanied by p a in ; fourth, that the hernia
immediately follow ed an accident; fifth, that the hernia did not
exist prior to the accident for which compensation is claimed. All
hernia, inguinal, femoral, or otherwise, so proven to be the result
o f an injury by accident arising out o f and in course o f the em
ployment shall be treated in a surgical manner by radical oper
ation. I f death result from such operation, the death shall be
considered as a result o f the injury and compensation paid in
accordance with the provisions o f section thirty-eight. In nonfatal cases tim e loss only shall be paid, unless it is shown by
special examination, as provided in section twenty-eight, that the
injured employee has a permanent partial disability resulting
after the operation. I f so, compensation shall be paid in accord
ance with the provisions o f section thirty-eight with reference to
partial disability. In case the injured employee refuses to
undergo the radical operation for the cure o f said hernia, no com
pensation shall be allowed during the time such refusal continues.
If, however, it is shown that the employee has some chronic dis
ease, or is otherwise in such physical condition that the commis
sion considers it unsafe for the employee to undergo said opera
tion, the employee shall be paid as provided in section thirty-one.
suits.
S e c . 3 . The provisions o f this act shall not affect pending
litigation.
preSec. 4. From and after the taking effect o f this act every em
ployer and employee, except as herein stated, shall be presumed
to have accepted the provisions o f this act respectively to pay and
accept compensation for personal injury or death by accident aris
ing out o f and in the course o f the employment and shall be bound
thereby, unless prior to any accident resulting in injury or death,
notice to the contrary shall have been given in the manner herein
provided and in substantially the follow ing form, to w it ;
e m plo ye e’s

Form s.

n o t ic e

r e je c t.

To the employees o f the undersigned, and the Industrial Com
mission o f G eorgia:
You and each o f you are hereby notified that the undersigned
rejects the terms, conditions, and provisions to provide, secure,
and pay compensation to employees o f the undersigned for in
juries received as provided in that act o f the General Assembly
o f Georgia, known as the Georgia workmen’s compensation act,
and elects to pay damages for personal injuries received by such
employees under the common law and statutes o f this State,
as modified by provisions o f said workmen’s compensation law.
(Signed)
---------------------State o f Georgia, County o f ----------:
The undersigned being first duly sworn deposes and says that a
true, correct, and verbatim copy o f the foregoing notice was,
on the __ day o f ____, 19— , posted a t _______________

(S ta te fu lly p la ce w h ere p o ste d .)

Sworn to and subscribed before me t h i s __day o f _____ , 19__
(N o ta r y P u b lic.)

TEXT OF LAWS— GEORGIA.
e m p l o y e e ’s

n o t ic e

re je c t.

T o ____-_________ _ and Industrial Commission o f G eorgia:
(N am e o f em p loy er.)

You and each o f you are hereby notified that the undersigned
hereby elects to reject the terms, conditions, and provisions o f
an act o f the General Assembly o f Georgia for the payment of
compensation, known as the Georgia workmen’s compensation
act, and elects to rely upon the common law, as modified by the
statutes o f this State and by the provisions o f said act, for the
right to recover for any personal injury which I may receive
growing out o f and arising from said employment while in the
line o f duty for my employer above named.
Dated this __ day o f ___ , 19— .
(Signed)
______________ _
State o f Georgia, County o f ------ :
The undersigned being first duly sworn deposes and says that
the above and foregoing written notice was on the __ day o f ____,
19__, served on the within named employer of the undersigned
by delivering t o _____________ a true, correct, and verbatim copy
(S ta te n a m e o f person served .)

thereof.
Sworn to and subscribed before me, t h i s __day o f _____ , 19—
(N o ta ry P u b lic.)

Either an employer or an employee, who has exempted W aiver
him self by proper notice from the operation o f this act, may emPtlon*
at any time waive such exemption and thereby accept the pro
visions o f this act by giving notice as herein provided, which
notice o f waiver o f such exemption shall be substantially in the
follow ing form, to w it:
S e c . 5.

e m plo ye r ’s

n o t ic e

w a iv e r

e x e m p t io n

To the employees o f the undersigned, and the Industrial Com
mission o f G eorgia:
You and each o f you are hereby notified that the undersigned
hereby waives exemption from the operation and effect of that act
o f the General Assembly of Georgia, known as the workmen’s
compensation act, which exemption was heretofore accomplished
through notice to reject said act, given as provided by said act,
on the __ day o f ______ , 19__, and accepts terms, conditions,
and provisions to provide, secure, and pay compensation to em
ployees o f the undersigned for injuries received as provided in
said act.
(Signed)
_____________
State o f Georgia, County o f ------ :
The undersigned being first duly sworn deposes and says that a
true, correct, and verbatim copy o f the foregoing notice was, on
the — day o f ____ , 19— , posted a t ______________
(S ta te fu lly w h ere p o sted .)

Sworn to and subscribed before me, this — day o f ____, 19—
(N o ta ry P u b lic.)
e m plo ye e ’s

n o t ic e

w a iv e

e x e m p t io n

T o ______________ and Industrial Commission o f G eorgia:
(N am e o f em p loy er.)

You and each of you are hereby notified that the undersigned
hereby waives his exemption from operation and effect o f that
act o f the General Assembly o f Georgia, known as the Georgia

Forms,

of ex-

WORKM EN

7S COMPENSATION LAWS OF THE UNITED STATES.

workmen’s compensation act, which exemption was accomplished
through notice as provided in said act, given on t h e _day of
____ , 19__, and accepts the provisions o f said act for the payment
o f compensation to employees for personal injury growing out of
and arising from the employment while in line o f duty for my
employer above named.
Dated t h i s __day o f _____ , 19__
(Signed)
______________
State o f Georgia, County o f ____ :
The undersigned being first duly sworn deposes and says that
the above and foregoing notice was on t h e __day o f _____ , 19__,
served on the within named employer o f the undersigned by de
livering to _____________ a true, correct, and verbatim copy
( N a m e p e r s o n s e r v e d .)

thereof.
(Signed)

---------------------

Sworn to and subscribed before me, this __ day o f ____ , 19—
(N o ta ry P u b lic .)

The notice to exempt from the operation and effect o f said
act and the notice of waiver o f such exemption and o f acceptance
o f said act, in section 4 and in this section respectively referred
to, shall be given, in order to be effective with respect to a par
ticular accident resulting in injury or death, thirty days prior to
such accident: P r o v i d e d , That if any such accident occurred less
than thirty days after the date o f employment, notice o f such
exemption or waiver thereof and acceptance given at the time o f
employment shall be sufficient notice thereof. Any such notice
shall be in writing or printed and in substantially the appropriate
form heretofore set out. Any such notice referred to in this or
the preceding section o f this act shall be given by the employer
by posting the same in a conspicuous place in the shop, plant,
office, room, or place where the employee is employed or by serv
ing it personally upon h im ; and shall be given by the employee by
sending the same in registered letter addressed to the employer at
his last known residence or place o f business; or by giving it per
sonally to the employer or any o f his agents upon whom a sum
mons in civil action may be served under the laws o f this State.
A copy o f any such notice, in prescribed form, whether given by
the employer or employee, shall be filed with the industrial com
mission, and unless filed within ten days from the time when any
such notice is served, due and proper notice shall be deemed not
to have been given.
Presumption as
S e c . 6. Every contract o f service between any employer and
to contracts.
employee covered by this act, written or implied, now in operation
or made or implied prior to the taking effect o f this act, shall,
after the act has taken effect, be presumed to continue subject to
the provisions o f this act, and every such contract made subse
quent to the taking effect of this act shall be presumed to have
been made subject to the provisions o f this act, unless either party
shall give notice in the manner provided in section five hereof, to
the other party to such contract that the provisions o f this act,
other than sections sixteen, seventeen, and eighteen, are not in
tended to apply. A like presumption shall exist equally in the
case o f all unions [m inors], unless notice o f the same character
be given by or to the parent or guardian o f the minor, or, in cases
where such minor has no parent or guardian, then by or to the
next [o f] kin o f said minor, sui juris.
W a i v e r s forS e c . 7. No contract or agreement, written or implied, no rule,
bidden.
regulation, or other device, shall in any manner operate to relieve
any employer in whole or in part o f any obligation created by this
act, except as herein otherwise expressly provided.
S e c . 8. Neither any municipal corporation within the State, nor
any political subdivision thereof, nor any employee o f any such
corporation or subdivision shall have the right to reject the pro-

TEXT OF LAWS— GEORGIA,

visions o f this act relative to payment and acceptance o f compen
sation ; and the provisions of sections five, six, sixteen, seventeen,
and eighteen shall not apply to them.
S e c . 9. This act shall not apply to any common carrier by
interstate
railroad engaging in commerce between any o f the several States riers*
or Territories, or between the D istrict o f Columbia and any o f
the States or Territories and any foreign nation or nations, nor to
any person suffering injury or death while he is employed by such
carrier in such commerce, nor shall this act be construed to lessen
the liability of such common carrier or to diminish or take away
in any respect any right that any person so employed or the
personal representative or kindred or relation or dependent o f
such person may have under the act o f Congress relating to the
liability of common carriers by railroads to their employees in
certain cases, approved April 22, 1908.

Sec. 10. The provisions of this act shall not apply to injuries or
death, nor to accidents which occurred prior to the taking effect
of this act.
Sec. 1 1. Every employer who accepts the compensation provi-

car-

P rior injuries,

insurance

re-

sions o f this act shall insure the payment o f compensation to his quired.
employees in the manner hereinafter provided, and while such
insurance remains in force he or those conducting his business
shall only be liable to any employee for personal injury or death
by accident to the extent and in the manner herein specified.
ec 12. The rights and remedies herein granted to an employee R em edy excluwhere he and his employer have accepted the provisions o f this sive*
act respectively to pay and accept compensation on account of
personal injury or death by accident shall exclude all other
rights and remedies of such employee, his personal representa
tive, parents, dependents, or next o f kin, at common lqw or other
wise on account o f such injury, loss o f service, or death.
ec 13. Nothing in this act shall be construed to relieve any t Yitolation of
employer or employee from penalty for failure or neglect to p e r -s a u es*
form any statutory duty.
ec 14. No compensation shall be allowed for any injury or Willful miscondeath due to the employee’s w illful misconduct, including inten- uc ’ etc*
tional self-inflicted injury, or growing out o f his attempt to injure
another, or due to intoxication or w illful failure or refusal to use
a safety appliance or perform a duty required by statute, or the
w illful breach o f any rule or regulation adopted by the employer
and approved by the industrial commission, and brought prior to
the accident to the knowledge o f the employee. The burden of
proof shall be upon him who claims an exemption or forfeiture
under this section.
S e c . 15. This act shall not apply to common carriers engaged
C o m m o n carin intrastate trade [or] commerce, the motive power of which is p0e^seruslng steam
steam, nor shall this act be construed to lessen the liability o f p
such common carriers or to take away or diminish any right that
any employee, or in case o f his death the personal representa
tive of such employee, of such common carrier may have under
the laws of this S ta te; nor to casual employees, farm laborers, or Exceptions,
domestic servants; nor to employees of institutions maintained
and operated as public charities, nor to employers of such per*
sons; nor to any persons, firm, or private corporations, including
any public service corporation, that has regularly in service less
than ten employees in the same business within this State; unless
such employees and their employers voluntarily elect to be bound
by this act.
ec 16. An employer who elects not to operate under this act Deferjses abrosliall not, in any suit at law instituted by an employee subject to gated*
this act to recover damages for personal injury or death by acci
dent, be permitted to defend any such suit at law upon any or all
o f the follow ing grounds:
(a ) That the employee was negligent.
(b ) That the injury was caused by the negligence o f a fellow
employee.
(c ) That the employee had assumed the risk o f the injury.

S .

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES,

Sec. 17. An employee who elects not to operate under this act
shall, in any action to recover damages for personal injury or
death brought against an employer accepting the compensation
provisions o f this act, proceed at common law, and the employer
may ayail him self o f the defenses o f contributory negligence,
negligence o f a fellow servant, and assumption o f risk, as such
defenses exist at common law.
if both parties S e c . 1 8. When both the employer and employee elect not to
reiect*
operate under this act the liability o f the employer shall be the
same as though he alone rejected the terms o f this act, and in
any suit brought against him by such employee the employer shall
not be permitted to avail himself o f any o f the common law
defenses cited in section sixteen.
D irect
settleS e c . 1 9. Nothing herein contained shall be construed so as to
m ents. prevent settlements made by and between
the employee and em
ployer, but rather to encourage them, so long as the amount o f
compensation and the time and manner o f payment are in accord
ance with the provisions o f this act. A copy o f such settlement
agreement shall be filed by the employer with the commission, and
no such settlement shall be binding until approved by the com
mission.
L i a b i l i t y Of
S e c . 20. A principal, intermediate, or subcontractor shall be
principals.
liable fo r compensation to any employee injured while in the
employ o f his subcontractors and engaged upon the subject
matter o f the contract to the same extent as the immediate
employer.
Any principal, intermediate, or subcontractor, who shall pay
compensation under the foregoing provisions, may recover the
amount paid from any person who, independently o f this section,
would have been liable to pay compensation to the injured em
ployee, or from any intermediate contractor.
Every claim for compensation under this section shall be in
the first instance presented to and instituted against the im
mediate employer, but such proceedings shall not constitute a
waiver o f the employee’s rights to recover compensation under
this act from the principal or intermediate contractor: P r o v i d e d ,
That the collection o f fu ll compensation from one employer shall
bar recovery by the employee against any others, nor shall he
collect from all a total compensation in excess o f the amount for
which any o f the said contractors is liable.
This section shall apply only in cases where the injury occurred
on, in, or about the premises on which the principal contractor has
undertaken to execute work or which are otherwise under his
control or management.
C o m p e n s a tio n
S e c . 21. All rights of compensation granted by this act shall
preferred.
have the same preference or priority for the whole thereof against
the assets o f the employer as is allowed by law for any unpaid
wages for labor.
A s s ig n m e n ts ,
Sec. 22. No claim for compensation under this act shall be
etcassignable, and all compensation and claims therefor shall be
exempt from all claims o f creditors.
N otice of inSec. 23. Every injured employee or his representative shall
jury*
*
immediately on the occurrence o f any accident, or as soon there
after as practicable, give or cause to be given to the employer
a written notice o f the accident, and the employee shall not be
entitled to physician’s fee nor to any compensation which may
have accrued under the terms o f this act prior to the giving o f
such notice; unless it can be shown that the employer, his agent,
or representative had knowledge o f the accident, or that the party
required to give such notice had been prevented from doing so
by reason o f physical or mental incapacity or by fraud or d eceit;
L im itation ,
but no compensation shall be payable unless such written notice
is given within thirty days after the occurrence o f the accident
and if death results from the accident also within thirty days
after death, unless reasonable excuse is made to the satisfaction
o f the industrial commission for not giving such notice, and it
A vailable,

when*

TEXT OF LAW S---- GEORGIA.

is reasonably proved to the satisfaction o f the commission that
the employer has not been prejudiced thereby.
S e c . 24. The notice provided in the foregoing section shall state Form.
in ordinary language the name and address o f the employee, the
time, place, nature, and cause o f the accident and of the resulting
injury or death, and shall be signed by the employee or by a per
son on his behalf, or in the event o f his death by any one or more
o f his dependents or by a person in their behalf. No defect or
inaccuracy in the notice shall be a bar to compensation unless the
employer shall prove that his interest was prejudiced thereby,
and then only to such extent as the prejudice. Said notice shall
be given personally to the employer or any o f his agents upon
whom a summons in civil action may be served under the laws o f
the State, or may be sent by registered letter addressed to the
employer at his last known residence or place o f business.
S ec . 25. The right to compensation under this act shall be fo r Claim.
ever barred, unless a claim be filed with the industrial commission
within one year after the accident, and, if death results from the
accident, unless a claim therefor is filed with the commission
within one year thereafter.
S ec . 26. For a period o f not exceeding 30 days after an acci M edical
dent the employer shall furnish or cause to be furnished, free of
charge to the injured employee, and the employee shall accept
such necessary medical attention as the nature o f the accident
may require. The industrial commission may at any time, for
good cause shown or in its discretion, order a change in such
medical attention so furnished by the em ployer: Pi'ovided, That
the total liability o f the employer f6r necessary medical atten
tion shall not exceed $100. During the whole or any part o f
the remainder o f disability resulting from the injury the em
ployer may, at his own option, continue to furnish or cause to
be furnished, free o f charge to the employee, and the employee
shall accept, an attending physician, unless otherwise ordered by
the industrial commission, and in addition such surgical and hos
pital service and supplies as may be deemed necessary by said
attending physician or the industrial commission. The refusal Refusal
of the employee to accept any medical, hospital, or surgical serv-^P4*
ice when provided by the employer, or on order by the industrial
commission, shall bar said employee from further compensation
until such refusal ceases, and no compensation shall at any time
be paid for the period o f suspension unless in the opinion o f the
industrial commission the circumstances justified the refusal, in
which case the industrial commission may order a change in the
medical or hospital service. I f in an emergency on account o f the
employer’s failure to provide the medical care during the first
thirty days, as herein specified, a physician other than provided
by the employer is called to treat the injured employee during
the first thirty days, the reasonable cost of such service, not to
exceed $100, as above set out, shall be paid by the employer if
ordered to do so by the industrial commission.
Cost.
S ec . 27. The pecuniary liability o f the employer for medical,
surgical, and hospital service herein required when ordered by
the commmission shall be limited to such charges as prevail in
the same community for similar treatment of injured persons
o f a like standard o f living when such treatment is paid for by
the injured persons, and shall not, in any event, exceed the ag
gregate of $100 in amount. The employer shall not be liable
in damages for malpractice by a physician or surgeon furnished
by him pursuant to the provisions o f this section, but the con
sequences o f any such malpractice shall be deemed part o f the
injury resulting from the accident and shall be compensated for
as such.
ec
After an injury and so long as he claims compensation, M edical
the employee, if so requested by his employer, shall submit him nations.
self to examination, at reasonable times and places, by a duly
qualified physician or surgeon designated and paid by the em
ployer or the industrial commission. The employee shall have

S . 28.

aid.

to ac-

exam i

w o r k m e n ’ s c o m p e n s a t io n l a w s

t h e u n it e d s t a t e s .

the right to have present at such examination any duly qualified
physician or surgeon provided and paid by him. No fact com
municated 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 such examination, shall be privileged,
either in hearings provided for by this act, or in any action at law
brought to recover damages against any employer who may have
accepted the compensation provisions o f this act. I f the em
ployee refuses to submit himself to or in any way obstructs such
examination requested and provided for by the employer, his
right to compensation and his right to take or prosecute any
proceedings under this act shall be suspended until such refusal
or objection ceases, and no compensation shall at any time be
payable for the period o f suspension unless in the opinion o f the
industrial commission the circumstances ju stify the refusal or
obstruction. The employer, or the industrial commission, shall
have the right in any case o f death to require an autopsy at
R efusin g treat
the expense o f the party requesting the same. No compensation
m ent.
shall be payable for the death or disability of an employee if his
death be caused by or in so far as his disability may be aggra
vated, caused, or continued by an unreasonable refusal or neglect
to submit to or follow any competent or reasonable surgical treat
ment.
W a itin g tim e.
S ec . 29 (as amended by act o f August 16, 1922). No compensa
tion shall be allowed for the first seven calendar days o f in
capacity resulting from an injury, including the day o f the injury,
except the benefits provided for in section 23.
T otal d isa b il
S e c . 30 (as amended by act of August 16, 1922). When the
ity.
incapacity from work resulting from an injury is total, the em
ployer shall pay, or cause to be paid, as hereinafter provided fo r f
the employee during such total incapacity, a weekly compensation
equal, to one-half o f his average wages, but not more than fifteen
dollars per week or less than four dollars per week, except when
the weekly wage is below four dollars, then the regular wages on
the date o f the accident shall be the weekly amount p a id ; and in
no case shall the period covered by such compensation be greater
than 350 weeks, nor shall the total amount o f compensation exceed
$5,000.
P artial d isa b il
S e c . 31. Except as otherwise provided in the next section here
ity.
after, wThere the incapacity for work resulting from the injury is
partial, the employer shall pay, or cause to be paid, as hereinafter
provided, to the injured employee during such incapacity a weekly
compensation equal to one-half the difference between his average
weekly wages before the injury and the average weekly wages
w hich he is able to earn thereafter, but not more than twelve
dollars a week,, and in no case shall the period covered by such
compensation be greater than three hundred weeks from the date
o f the injury. In case the partial incapacity begins after a period
o f total incapacity, the latter period shall be deducted from the
maximum period herein allowed for partial incapacity.
Schedule.
Sec. 32. In cases included by the follow ing schedule the inca
pacity in each case shall be deemed to continue for the period
specified, and the compensation so paid for such injury shall be
as specified therein and shall be in lieu o f all other compensation,
to w it:
(a ) For the loss o f a thumb, fifty per centum o f the average
weekly wages during sixty weeks.
(b ) For the loss o f a first finger, commonly called the index
finger, fifty per centum o f the average weekly wages during thirtyfive weeks.
(c ) For the loss o f a second finger, fifty per centum o f average
weekly wages during thirty weeks.
(d ) For the loss o f a third finger, fifty per centum o f average
weekly wages during twenty weeks.
(e) For the loss o f a fourth finger, commonly called the little
finger, fifty per centum o f average weekly wages during fifteen
weeks.

TEX* OF LAWS— GEORGIA.

( f ) The loss o f the first phalange o f the thumb, or any finger,
shall be considered to be equal to the loss o f one-half o f such
thumb or finger, and the compensation shall be for one-half o f
the periods o f time above specified.
(g ) The loss o f more than one phalange shall be considered
the loss o f the entire finger or thum b: Provided, 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.
(h ) For the loss o f a great toe, fifty per centum o f the average
weekly wages during thirty weeks.
(i) For the loss o f one o f the toes, other than a great toe,
fifty per centum of average weekly wages during ten weeks.
( j ) 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 the compen
sation shall be for one-half o f the periods o f time above specified.
(k ) The loss o f more than one phalange shall be considered as
the loss o f the entire toe.
(l) For the loss o f a hand, fifty per centum of the average
weekly wages during one hundred and fifty weeks.
(m ) For the loss o f an arm, fifty per centum o f average weekly
wages during two hundred weeks.
(ri) For the loss o f a foot, fifty per centum o f average weekly
wages during one hundred and twenty-five weeks.
(o ) For the loss o f a leg, fifty per centum of average weekly
wages during one hundred and seventy-five weeks.
(p ) For the loss o f an eye, fifty per centum o f the average
weekly wages during one hundred weeks.
(q ) For the complete loss o f hearing in both ears, fifty per
centum of the average weekly wages during one hundred and
fifty weeks.
(r ) Total loss o f use o f a member or loss o f vision o f an eye
shall be considered as equivalent to the loss o f such member
or eye. The compensation for partial loss o f or for partial
loss o f use o f a member or for partial loss of vision o f an eye
shall be such proportion o f the payments above provided for
total loss as such partial loss bears to total loss. Loss o f both
arms, hands, legs, or feet, or o f any two o f these members, the
permanent total loss of vision in both eyes, shall be deemed
permanent total incapacity and shall be compensated under
section 30.
The weekly compensation payments referred to in this section
shall be subject to the same limitations as to maximum and mini
mum as set out in section thirty.
S ec . 33. If an injured employee refuses employment procured
Refusing emfor him suitable to his capacity he shall not be entitled to any Ploymentcompensation at any time during the continuance o f such refusal
unless, in the opinion o f the industrial commission, such refusal
was justified.
S e c . 34. I f an employee who suffers an injury in his employ- . S e c o n d injument has a permanent disability or has sustained a permanent nes‘
injury, such as specified in section thirty-two, suffered elsewhere,
he shall be entitled to compensation only for the degree o f inca
pacity which would have resulted from the later accident if the
earlier disability or injury had not existed.
S e c . 35. I f an employee receives an injury for which compensaSame,
tion is payable while he is still receiving or entitled to com
pensation for a previous injury in the same employment, he shall
not at the same time be entitled to compensation for both injuries,
unless the later injury be a permanent injury, such as specified
in section th irty-tw o; but he shall be entitled to compensation for
that injury and from the time of that injury which w ill cover the
longest period and the largest amount payable under this act.
Sec. 36. I f an employee receives a permanent injury as specified same,
in section thirty-two after having sustained another permanent
injury in the same employment, he shall be entitled to compensa
tion for both injuries, but the total compensation shall be paid by

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 t h e u n it e d s t a t e s .

extending the period, and not by increasing the amount o f weekly
compensation, and in no case exceeding three hundred and fifty
weeks. When the previous and subsequent permanent injuries
received in the same employment result in total disability com
pensation shall be payable for permanent total disability, but
payments made for the previous injury shall be deducted from the
total payment o f compensation due.
ec
(a ) W here an accident happens while the employee is
state.
employed elsewhere than in this State, which would entitle him or
his dependents to compensation if it happened in this State, the
employee or his dependents shall be entitled to compensation, if
the contract of employment was made in this State and if the
employer’s place of business is in this State or if the residence
o f the employee is in this S tate: Provided, His contract o f employ
ment was not expressly for service exclusively outside o f the
State, (b ) Provided, how ever, I f an employee shall receive com
pensation or damages under the laws o f any other State, nothing
herein contained shall be construed so as to permit a total com
pensation for the same injury greater than is provided fo r in
this act.
Death during
S e c . 38 (as amended by act o f August 16, 1922). When an embenefit period, ployee is entitled to compensation under this act for an injury
received and death ensues from any cause not resulting from the
injury for which he was entitled to the compensation, payments
of the unpaid balance for such injury shall cease and all liability
therefor shall terminate.
Compensation
I f during the period o f disability caused by an accident arising
for death.
0ut 0 f an(j j n the course o f employment death results approxi
mately therefrom, the compensation under this act shall be as
fo llo w s :
Burial.
(a ) The employer shall, in addition to any other compensation,
pay the reasonable expenses of the employee’s last sickness and
burial expenses not to exceed $100. I f the employee leaves no
dependents, this shall be the only compensation.
Total depend(b ) The employer shall pay the dependents o f the deceased ements*
ployee w holly dependent on his earnings for support at the time o f
the injury a weekly compensation equal to 85 per cent o f the com
pensation which is provided for in section 30 fo r total disability
for a period not exceeding 300 weeks from date o f injury.
Partial depend(c ) I f the employee leaves dependents only partially dependent
ents.
on his earnings for support at the time of his injury, the weekly
compensation for those dependent shall be in the same proportion
to the compensation for persons w holly dependent as the average
amount contributed weekly by the deceased to the partial depend
ents bears to his average weekly wages at the time o f his injury.
Benefit term.
(d ) When weekly payments have been made to an injured
employee before his death the compensation to dependents shall
begin on the date o f the last of such payments, but shall not con
tinue more than three hundred weeks from the date o f the injury
nor except during dependency. The total compensation to be paid
to all dependents o f a deceased employee shall not exceed in the
aggregate $12.75 per week.
Aliens.
(e) I f the employee does not leave dependents, citizens o f or
residing at the tune o f the accident in the United States or
Dominion o f Canada, the amount o f compensation shall not in any
case exceed $1,000.
Dependents.
S e c . 39. The compensation provided for in section thirty-eight
shall be payable only to dependents and only during dependency.
The follow ing persons shall be conclusively presumed to be the
next o f kin wholly dependent for support upon the deceased
em ployee:
(a ) A w ife upon a husband whom she had not voluntarily
deserted or abandoned at time o f the accident.
(b ) A husband upon a w ife with whom he lived at the time of
her accident if he is then incapable o f self-support and actually
dependent upon her.

injuries out- S . 37.
side

TEXT OF LAWS— GEORGIA.

(c )
A boy under the age o f eighteen, or a girl under the age
o f eighteen, upon a parent. I f a child is over the ages specified
above, but physically or mentally incapacitated from earning a
livelihood, he or she shall be presumed to be totally dependent.
As used in this section, the term “ boy,” “ girl,” or “ child ”
shall include stepchild, legally adopted children, posthumous chil
dren, acknowledged illegitimate children, but shall not include
married ch ildren ; the term “ parent ” shall include step-parents
and parents by adoption.
I f the deceased employee leaves dependent surviving spouse, as
above described and no dependent child or children, the fu ll com
pensation shall be paid to such spouse; if the deceased employee
leaves dependent surviving spouse, as above described, and also a
dependent child or children, then the full compensation shall be
paid to such spouse for his or her use and that o f such child or
children, the commission, however, to have the power in proper
cases, in its discretion, to apportion the com pensation; if the
dependent surviving spouse dies before payment is made in full,
the balance remaining shall be paid to the person or persons
wholly dependent, if any, share and share alike. I f there be no
person or persons wholly dependent, then payment shall be made
to.pa rtial dependents.
In all other cases questions o f dependency, in whole or in part,
shall be determined in accordance with the facts as the facts may
be at the time o f the accident, but no allowance shall be made for
any payment made in lieu o f board and lodging or services, and
no compensation shall be allowed, unless the dependency existed
for a period o f three months or more prior to the acciden t; and
in such other cases if there is more than one person wholly de
pendent, the death benefit shall be divided among them, and per
sons partially dependent, if any, shall receive no part th ereof; if
there is no one wholly dependent and more than one person par
tially dependent, the death benefit shall be divided among them
according to the relative extent o f their dependency.
For the purpose o f this act the dependence o f a w idow or
w idower o f a deceased employee shall terminate with remarriage.
The dependence o f a child, except a child physically or mentally
incapacitated from earning a livelihood, shall terminate with the
attainment of eighteen years o f age. In all cases, except such as
are hereinbefore specifically provided for, where there are both
total and partial dependents, and the total dependents die, re
marry, or cease to be dependents the partial dependents shall be
entitled to the balance o f compensation, if any.
S e c . 40.1 The total compensation payable under this act shall
Total
m axiin no case exceed four thousand dollars.
mun1.
S e c . 41. Any payments made by the employer to the injured Advance payemployee during the period o f his disability, or to his dependents, ments*
which by the terms o f this act were not due and payable when
made, may, subject to the approval o f the industrial commission,
be deducted from the amount to be paid as com pensation: P ro
vided, That in the case o f disability such deductions shall be
made by shortening the period during which compensation must
be paid and not by reducing the amount o f the weekly payments.
S e c . 42. The industrial commission, upon application o f either
Times of pay.
party, may, in its discretion, having regard to the w elfare o f thement.
employee and the convenience o f the employer, authorize com
pensation to be paid monthly or quarterly instead o f weekly.
S e c . 43. Whenever any weekly payment has been continued for
Lum p sums,
not less than twenty-six weeks the liability therefor may, where
the parties agree and the industrial commission deems it to be
to the best interests o f the employee or his dependents, or where
it will prevent undue hardships on the employer, or his insurance
carrier, without prejudicing the interests o f the employee or his
1 H eld by A tto rn e y G eneral to be rep ealed by a ct o f A ug. 16, 1922.
sec. 30, as am ended.

See

w o r k m e n ’ s c o m p e n s a t io n l a w s

T H E U N IT E D

states.

dependents, be redeemed, in whole or in part, by the payment, by
the employer, o f a lump sum which shall be fixed by the commis
sion, but in no case to exceed the commutable value o f the future
installments which may be due under this a c t : Pi'ovided, That the
lump sum to be paid shall be fixed at an amount which will 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 centum per annum.
P a y m e n t to
S e c . 44. W henever the industrial commission deems it expe
trustees.
dient, any lump sum, subject to the provisions o f the foregoing
section, shall be paid by the employer to some suitable person or
corporation appointed by the superior court of the county wherein
the accident occurred or the original hearing was held, as trustee,
to administer the same for the benefit o f the person or persons
entitled thereto in the manner provided by the commission. The
receipt o f such trustee for the amount as paid shall discharge the
employer or anyone else who is liable therefor.
R e v i e w of
S e c . 45. Upon its own motion before judicial determination or
awards.
upon the application o f any party in interest on the ground o f a
change in condition, the industrial commission may at any time
review any award or any settlement made between the parties and
filed with the commission and, on such review, may m ake.an
award ending, diminishing, or increasing the compensation pre
viously awarded or agreed upon, subject to the maximum or
minimum provided in this act, and shall immediately send to the
parties a copy o f the award. No such review shall affect such
award as regards any monies paid.
S e c . 46. (a ) Whenever payment o f compensation, in accordance
Acquittances.
with the terms o f this act, is made to a widow or w idow er for her
or his use or for her or his use and the use o f the child or children,
the written receipt thereof o f such widow or w idower shall acquit
the em ployer; (b ) whenever payment in accordance with the
terms o f this act is made to any minor employee eighteen years of
age or over, the written receipt o f such person shall acquit the
employer. In cases where an infant or minor under the age of
eighteen years shall be entitled to receive a sum or sums amount
ing in the aggregate to not more than three hundred dollars as
compensation for injuries, or as a distributive share by virtue o f
this act, the father, mother, natural guardian, or legally appointed
guardian o f such infant or minor shall be authorized and em
powered to receive such monies for the use and benefit o f said
minor and to receipt th erefor; and the release or discharge o f
such father, mother, natural guardian, or legally appointed guard
ian shall be in full and complete discharge of all claims or de
mands o f such infant or minor thereunder; (c ) whenever payment
o f over three hundred dollars, in accordance with the terms o f
this act, is made to a minor*under eighteen years o f age, or to
a minor child over eighteen physically or mentally incapable o f
earning, the same shall be made to his duly and legally appointed
guardian or to some suitable person or corporation appointed by
the superior court as hereinbefore provided, as a trustee, and the
receipt o f such guardian or such trustee shall acquit the em p loyer;
(d ) payment o f 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 such dependent or
dependents prior in right shall have given notice o f his or their
claim. In case the employer is in doubt as to the respective rights
o f rival claimants, he may apply to the industrial commission to
decide between them.
S ec . 47. I f an injured employee is mentally incompetent or is
Incompetents. under eighteen years o f age at the time when any right or privi
lege accrues to him under this act, his guardian or trustee may, in
his behalf, claim and exercise such right or privilege.
S ec . 48. No limitation o f time provided in this act fo r the
Same.
giving o f notice or making claim under this act shall run against
any person who is mentally incompetent, or a minor dependent, so
long as he has no guardian or trustee.

TEXT OF

LAWS—

GEORGIA.

S .

Joint
ec 49. Whenever any employee for whose injury or death m ent.
compensation is payable under this act shall at the time o f the
injury be in the joint service of two or more employers subject
to this act, such employers shall contribute to the payment of such
compensation in proportion to their wage liability to such em
ployee: P rovid ed , h o w ever , That nothing in this section shall
prevent any reasonable arrangement between such employers for
a different distribution as between themselves of the ultimate bur
den of compensation.

employ

Sec. 50. There is hereby created a commission to be known as Industrial com
the industrial commission, consisting of the commissioner of m ission.
commerce and labor, who shall be ex officio chairman, of the
attorney general, and two members to be appointed by the gov
ernor. One of the members of this commission to be appointed by
the governor shall serve for two years and another for the term
of four years, and thereafter each member shall be appointed for
a term of four years; no more than one member of said com
mission appointed by the governor shall be a person who on
account of his previous vocation, employment, or affiliation, shall
be classified 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 affiliation, shall be classed as a
representative of employees. Each of the appointees by the gov
ernor on said commission shall devote his entire time to the
duties of his office and shall not hold any position of trust or
profit or be engaged in any occupation or business interfering
or inconsistent with his duties as such member.
Sec. 51 (as amended by act of August 19, 1922). (a) The com Salaries.

missioner of commerce and labor, as ex officio chairman o f said
industrial commission, shall receive the sum of twelve hundred
($1,200) dollars per annum; and the salary o f each member of
the commission appointed by the governor shall be four thousand
($4,000) dollars per annum; the commission may appoint secre
tary-treasurer and shall fix his salary, who shall give bond in
the sum prescribed by the commission and who may be removed
by the commission; (b) the commission may also, subject to the
approval of the governor, employ such clerical or other assistance
that may be deemed necessary and fix the salaries o f all persons
so employed; (c) members of this commission and its assistants
shall be entitled to receive the actual necessary expenses while
traveling on the business of the commission, but the expenses
shall be sworn to by such persons incurring the same and shall
be approved by the chairman before payment is made; (d ) all
o f the salaries of the commission, including the commissioner of
commerce and labor as ex officio chairman, and expenses, shall
be audited and paid out o f the funds in the hands of the secre
tary-treasurer, according to rules and regulations prescribed by
the commission.
ec
The commission shall be provided with adequate
offices in the capitol or some other suitable building in the city
of Atlanta in which the records shall be kept and its official busi
ness transacted during regular business hours; it shall also be
provided with necessary office furniture, stationery, and other
supplies, (b) The commission may appoint deputies from time
to time, as required, to serve only as and when needed, without
permanent positions, who shall have the power to subpoena wit
nesses and administer oaths, and who may take testimony in such
cases as the commission may deem proper. Such testimony shall
be transmitted in writing to the commission, and the commission
shall fix the compensation of such deputies, (c) The commission
or any member thereof may hold sessions at any place within the
State as may be deemed necessary by the commission, subject to
the other provisions o f this act.
ec 53. (a) The commission may make rules, not inconsistent
with this act, for carrying out the provisions of this act. Proc
esses and procedure under this act shall be as summary

S . 52. (a)

S .

and

Offices.

Deputies.

Rules.

w o r k m e n ’ s c o m p e n s a t io n l a w s

t h e u n it e d s t a t e s .

simple as reasonably may be. The commission or any member
thereof or any person deputized by it shall have the power for
the purpose o f this act to subpoena witnesses, administer or
cause to have administered oaths, and to examine or cause to be
examined such parts o f the books and records o f the parties
Enforcement of
to a proceeding as relate to questions in dispute, (b ) The sher
process.
iffs o f this State within their respective jurisdictions, and their
respective deputies, shall serve all subpoenas o f the commission
or its deputies and shall receive the same fees as are now pro
vided by law for like civil actions; each witness who appears
in obedience to such subpoena o f the commission shall receive for
attendance the fees prescribed by law for witnesses in civil cases
in courts. The superior courts shall, on application o f the com
mission or any member or deputy thereof, enforce by proper
proceedings the attendance and testimony o f witnesses and
the production and examination o f books, papers, and records,
Quorum.
(c ) Any three members o f the commission shall constitute a
quorum for the transaction o f any business or the rendition o f
any decision herein provided to be made by the fu ll commission.
Blanks, etc.
ec 54. The commission shall prepare and cause to be printed,
and upon request furnish free o f charge to any employee or em
ployer such blank forms and literature as it shall deem requisite
to facilitate or promote the efficient administration o f this act.
The commission shall tabulate the accident reports received
from employers in accordance with section sixty-five, and shall
publish the same in the annual report o f the commission and as
often as it may deem advisable, in such detailed or aggregate
form as it may deem best. The name o f the employer or em
ployee shall not appear in such publications and the employers’
reports themselves shall be private records o f the commission, and
shall not be open for public inspection except for the inspection
o f the parties directly involved, and only to the extent o f such
interest. These reports shall not be used as evidence against
any employer in any suit at law brought by any employee for
the recovery o f damages, or in any proceeding under this act.
Agreements to
ec 55. I f after fourteen days from the date o f the injury or
be filed.
at any time in case o f death, the employer and the injured em
ployee or his dependents reach an agreement in regard to com
pensation under this act, a memorandum o f the agreement in
the form prescribed by the commission shall be filed with the
commission for approval as herein provid ed ; otherwise such
agreement shall be voidable by the employee or his dependents.
I f approved by the commission, thereupon the memorandum shall
for all purposes be enforced by decree or judgment o f the supe
rior court, as herein specified.
Disagreements.
ec 56. I f the employer and the injured employee or his de
pendents fail to reach an agreement in regard to compensation
under this act, or if they have reached such an agreement which
has been signed and filed with the commission and compensation
has been paid or is due in accordance therewith, and the parties
thereto then disagree as to the continuance o f any weekly pay
ment under such agreement, either party may make application
to the commission for a hearing in regard to the matters at
Hearings.
issue and for a ruling thereon. Immediately after such appli
cation has been received the commission shall set a date for a
hearing, which shall be held as soon as practicable, and shall
n otify the parties at issue o f the time and place o f such hearing.
The hearing shall be held in the county where the injury oc
curred, if the same occurred in this State, unless otherwise
agreed to between the parties and authorized by the commission.
I f the injury occurred without the State o f Georgia, and is one
for which compensation is payable under this act, then the hear
ing above referred to may be held in the county o f the employer’s
residence or place o f business, or in any other county o f the
State which will, in the discretion o f the commission, be the most
convenient for a hearing.
Powers.

S .

TEXT OF LAWS— GEOKGIA,

S e c . 57. The commission or any o f its members shall hear the
Procedure,
parties at issue and their representatives and witnesses and
shall determine the dispute in a summary manner. The award,
together with a statement of the findings of fact and other
matters pertinent to the questions at issue shall be filed with
the record of the proceedings, and a copy of the award shall
immediately be sent to the parties at dispute. The parties may
be heard by a deputy, in which event he shall swear or cause
the witnesses to be sworn and shall transmit all testimony to
the commission for its determination and award.
S e c . 58. If an application for review is made to the commission
Review,
within seven days from the date of notice of the award, the full
commission shall review the evidence, or, if deemed advisable,
as soon as practicable, hear the parties at issue, their represen
tatives and witnesses, and shall make an award and file the
same in like manner as specified in the foregoing section, to
gether with its rulings of law in the premises. A copy of the
award so made on review shall immediately be sent to the parties
at dispute.
Final awards.
S e c . 59. Any award of the commission, provided for in section
fifty-seven, with respect to which no application for a review
thereof be filed in due time, or an award of the commission upon
such review as provided in section fifty-eight shall, in either event,
as the case may be, and subject to the other provisions of this act,
be a final award and 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 any such final award, or within thirty A p p e a l to
days from the date of any other final order or judgment of said court. ‘
commission, but not thereafter, appeal from the decision in such
final award or from any other final decision of said commission
to the superior court of the county in which the injury occurred,
or if the injury occurred without the State, then to the superior
court of the county in which the original hearing was had, in the
manner hereinafter outlined, and upon the following grounds, v iz :
The party conceiving himself to be aggrieved may file an applica
tion in writing with the commission asking for an appeal from
any such order or decree, stating generally the grounds upon
which such appeal is sought. In the event such appeal is filed as
hereinbefore provided, the commission shall, within thirty days
from the filing of the same, cause certified copies of all documents
and papers then on file in its office in the matter, and a transcript
of all testimony taken therein, to be transmitted with its findings
and order or decree to the clerk of the superior court to which the
case is appealable, as hereinbefore set out. The cause so appealed
may thereupon be brought on for a hearing in either term time or
vacation before said superior court upon such record by either
party on ten days’ written notice to the other; subejct, however,
to an assignment of the same for hearing by the court. The find
ings of fact made by the commission within its power shall, in the
absence of fraud, be conclusive, but upon such hearing the court
shall set aside said order or decree of the industrial commission, if
it be found:
(1) That the industrial commission acted without or in excess Grounds for reO f its powers;
versal.
(2) That the order or decree was procured by fraud;
(3) That the facts found by the industrial commission do not
support the order or decree;
(4) That there is not sufficient competent evidence in the record
to warrant the industrial commission in making the order or
decree complained o f; or
(5) That the decree is contrary to law.
No order or decree of the industrial commission shall be set
aside by the court upon any ground other than one or more o f
the grounds above stated. If not set aside upon one or more of
such stated grounds, the court shall affirm the order, judgment,
decree, or decision of the commission so appealed from. Upon the
setting aside of any such order, decree, or decision of the com-

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 t h e u n it e d s t a t e s .

mission, the court may recommit the controversy to the commis
sion for further hearing or proceedings in conformity with the
judgment and opinion of the court, or such court may enter the
proper judgment upon the findings, as the nature o f the case may
demand. Such decree of the court shall have the same effect, and
all proceedings in relation thereto shall, subject to the other pro
visions of this act, thereafter be the same as though rendered in a
suit heard and determined by said court. The Court o f Appeals
of Georgia shall, within thirty days after this act takes effect,
prescribe such rules of procedure not inconsistent with the above
and foregoing, as may be necessary or proper to fix the details of
the form and manner o f such appeal
covu?ot app«ds.° The commission o f its own motion may certify questions of
law to the Court o f Appeals of Georgia for decision and deter
mination by the said court. Any party in interest who is ag
grieved by a judgment entered by the superior court upon an
appeal from an order or decree of the commission to the superior
court may appeal therefrom to the Court of Appeals of Georgia
by writ of error and bill of exceptions within the time and in the
manner provided by law for appeals by fast bills of exceptions
from other orders, judgments, and decrees o f the superior court
made by law reviewable upon fast bills of exceptions. In case of
an appeal from the decision of the commission, or of a certifica
tion by said commission o f questions of law to the court of
appeals, said appeal or certification shall operate as a super
sedeas if the employer has complied with the provisions of this
act respecting insurance, and no such employer shall be required
to make payment of the award involved in the questions made in
the case so appealed or certified until such questions at issue
therein shall have been fully determined in accordance with the
provisions of this act.
Judgment on
Sec . 60. Any party in interest may file in the superior court of
award.
the county in which the injury occurred, or if the injury occurred
without the State of Georgia, then in the county in which the
original hearing was had, a certified copy o f a memorandum of
agreement approved by the commission, or o f a final order or
decision of the commission, or of an award of the commission
unappealed from, or o f an award of the commission affirmed upon
appeal, whereupon said court shall render judgment in accordance
therewith and notify the parties. Such judgment shall have the
same effect, and all proceedings in relation thereto shall there
after be the same, as though said judgment had been rendered in
a suit duly heard and determined by said court: P ro vid ed , how
e v er , That where the payment of compensation is insured or pro
vided for in accordance with the provisions of this act, no such
judgment shall be entered nor execution thereon issued, except
upon application to the court and for good cause shown. Upon
presentation to the court of a certified copy of a decision of the
commission ending, diminishing, or increasing a weekly payment
under the provisions of this act, particularly o f section forty-five
thereof, the court shall revoke or modify the order or decree to
conform to such decision of the commission.
Costs.
S ec . 61. I f the commission or any court before whom any
proceedings are brought under this act shall determine that such
proceedings have been brought, prosecuted, or defended without
reasonable ground, it may assess the whole cost of the proceedings
upon the party who has brought or defended them.
Medical examiS ec . 62. The commission or any member thereof may, upon
nations.
the application of either party, or upon its own motion, appoint
a disinterested and duly qualified physician or surgeon to make
any necessary medical examination of the employee and to testify
in respect thereto. Said physician or surgeon shall be allowed
traveling expenses and a reasonable fee to be fixed by the
commission, not exceeding ten dollars for each examination and
report, but the commission may allow additional reasonable
amounts in extraordinary cases. The fees and expenses of such
physician or surgeon shall be paid by the State.

TEXT OF LAWS— GEORGIA.

S . 63.

ec
Fees o f attorneys and physicians and charges o f hos- Feespitals for services under this act shall be reasonable and meas
ured according to the employee’s station and shall be subject
to the approval of the commission.
ec
All questions arising under this act, if not settled by .Po.wer of cornagreements of the parties interested therein, with the approval miSS10n*
of the commission, shall be determined by the commission, except
as otherwise herein provided.
ec
(a) Every employer who accepts the provisions of
to be
this act relative to the payment o f compensation, shall hereafter ^
keep a record of all injuries, fatal or otherwise, received by his
employees in the course o f their employment, on blanks approved
by the commission. Within ten days after the occurrence and
knowledge thereof, as provided in section twenty-three, of an
injury to an employee requiring medical or surgical treatment,
or causing his absence from work for more than fourteen days,
a report thereof shall be made in writing and mailed to the
commission on blanks to be procured from the commission for
this purpose, (b) The records of the commission, in so far as
they refer to accidents, injuries, and settlements, shall not be
open to the public, but only to the parties satisfying the com
mission of their interest in such records and the right to inspect
them, (c) Upon the termination of the disability of the injured
employee, the employer shall make a supplementary report to
the commission on blanks to be procured from the commission
for the purpose, (d) The said report shall contain the name,
nature, and location of the business of the employer, and name,
age, sex, and wages, and occupation of the injured employee,
and shall state the date and hour of the accident causing the
injury, the nature and cause of the injury, and such other in
formation as may be required by the commission, (e) Any such
employer who refuses or willfully neglects to make the report
required by this section shall be liable for a penalty of not more
than twenty-five dollars for each refusal or willful neglect, to
be recoverable in any court of competent jurisdiction in a suit
by the commission.

S . .64.

S . 65.

Sec. 66. Every employer who accepts the provisions of this act insurance re
relative to the payment of compensation shall fully insure and,Blr#d*
keep fully insured, unless otherwise ordered or permitted by the
commission, his liability thereunder in some corporation, associa
tion, or organization licensed as provided by law to transact the
business of workmen’s compensation insurance in this State, or
in some mutual insurance association formed by a group of em
ployers so licensed, or shall furnish to the commission satisfactory
proof of his financial ability to pay direct the compensation in
the amount and manner and when due as provided for in this act.

In the latter case the commission may in its discretion require
the deposit of an acceptable security, indemnity, or bond to secure
the payment of compensation liabilities as they are incurred:
P rovid ed , That it shall be satisfactory proof of the employees
financial ability to pay direct the compensation in the amount and
manner when due, as provided for in this act, and acceptable
security, indemnity, or bond to secure the payment of compensa
tion liabilities as they are incurred, if the employer shall show to
the commission that he is a member of a mutual insurance com
pany duly licensed to do business in this State by the insurance
commissioner, as provided by the laws of this State, or of an asso
ciation or group of employers, so licensed, and as such is ex
changing contracts o f insurance with the employers o f this and
other States, through a medium as specified and located in their
agreements between each other, but this proviso shall in no wise
restrict or qualify the right of self-insurance as hereinbefore
authorized. Nothing herein shall be construed to require an em
ployer to place his entire insurance in a single insurance carrier.

33860*—23----- 4

w o r k m e n ’ s c o m p e n s a t io n l a w s

op t h e u n it e d s t a t e s .

S
. 67. (a) Every employer accepting the compensation pro
visions of this act shall within thirty days after this act takes
effect file with the commission in form prescribed by it, and there
after annually, or as often as the commission, in its discretion,
may deem necessary, evidence satisfactory to the commission of
his compliance with the provisions of section sixty-six and all
others relating thereto, (b) If such employer refuses or will
fully neglects to comply with these provisions he shall be pun
ished by a fine of not less than $10 nor more than $100, and after
such conviction shall be subject to a fine of not less than one
dollar nor more than ten dollars for each day of such refusal or
neglect, and until he shall comply with such provision, and also
such employer shall be liable during continuance of such refusal
or neglect to an employee, at the option of the employee, either
for compensation under this act or at law in the same manner as
provided in section sixteen.
Sec. 68. Whenever an employer has complied with the pro
Self-insurers.
visions of section sixty-six, relating to self-insurance, the com
mission shall issue to such employer a certificate which shall
remain in force for a period fixed by the commission; but the com
mission may, upon at least sixty days’ notice and hearing to the
employer, revoke the certificate upon satisfactory evidence for
such revocation having been presented. At any time after such
revocation the commission may grant a new certificate to the
employer upon his petition.
Substitute sys
Sec. 69. (a) Subject to the approval of the commission, any
tems.
employer may enter into or continue any agreement with his
employees to provide a system of compensation, benefit, or insur
ance in lieu of the compensation and insurance provided by this
act. No such substitute system shall be approved unless it con
fers benefits upon injured employees at least equivalent to the
benefits provided by this act, nor if it requires contribution from
the employees, unless it confers benefits in addition to those pro
vided under this act at least commensurate with such contribu
tion. (b) Such substitute system may be terminated by the
commission on reasonable notice and hearing to the interested
parties if it shall appear that the same is not fairly adminis
tered or if its operation shall disclose defects threatening its
solvency, or if for any substantial reason it fails to accomplish
the purpose of this act; and in this case the commission shall
determine upon the proper distribution of all remaining assets,
if any, subject to the right of any party at interest to take an
appeal to the superior court of the county wherein the principal
office or chief place of business of the employer is located.
Sec. 70. All policies insuring the payment of compensation
Provisions of
policies.
under this act, including all contracts of mutual, reciprocal, or
in ter insurance, must contain a clause to the effect that as between
the employer and the insurer or insurers the notice to or knowl
edge of the occurrence of the injury on the part of the insured
employer shall be deemed notice or knowledge, as the case may
be, on the part of the insurer or insurers; that jurisdiction of the
insured for the purpose of this act shall be jurisdiction of the
insurer or Insurers; and that the insurer or insurers shall in all
things be bound by and subject to the awards, judgments, or
decrees rendered against such insured employer.
Sec. 71. No policy or contract of insurance against liability
Same.
arising under this act shall be issued unless it contains the agree
ment of the insurer or insurers that it will promptly pay to the
person entitled to same all benefits conferred by this act, and all
installments of the compensation that may be awarded or agreed
upon, and that the obligation Shall not be affected by any default
of the insured after the injury or by any default in giving notice
required by such policy, or otherwise. Such agreement shall be
construed to be a direct promise by the insurer or insurers to the
person entitled to compensation enforceable in his name.
Evidence of insurance.

TEXT OF LAW S— GEORGIA.

S . 72. (a)

ec
Every policy for the insurance o f the compensation Policies sub
ject to act.
herein provided, or against liability therefor, including all con
tracts o f mutual, reciprocal interinsurance, shall be deemed to be
made subject to the provisions o f this act. No corporation, asso
ciation, or organization and no mutual, reciprocal, or interinsurers
shall enter into or make any such policy or contract o f insurance
unless its form shall have been approved by the commission,
(b ) This act shall not apply to policies o f insurance against loss
from explosion o f boilers or flywheels or other similar catastrophe
hazards.
ec 73. (a ) The rates charged by all carriers of insurance, in Premium rates.
cluding the parties to any mutual, reciprocal, or other plan or
scheme, writing insurance against the liability for compensation
under this act, shall be fair, reasonable, and adequate, with due
allowance for merit rating, and all risks o f the same kind and
degree o f hazard shall be written at the same rate by the same
carrier. The basic rates for policies or contracts of insurance
against liability for compensation under this act shall be filed
with the insurance commissioner for his approval, and no policy
o f insurance against such liability shall be valid until the basic
rate thereof has been filed with, approved, and not subsequently
disapproved, by the insurance commissioner. Any plan or scheme
for modification o f such basic rates by physical inspection or
experience or merit rating shall likewise be filed with the insur
ance commissioner and by him approved, and no carrier o f insur
ance shall write any such policy or contract until after filing and
approval o f a basic rate therefor and a schedule or plan to be
employed in producing individual rates for risks, (b ) Each such
insurance carrier, including the parties to any mutual, reciprocal,
or other plan or scheme writing insurance against the liability
for compensation under this act, shall report to the insurance Reports.
commissioner as provided by law, and in accordance with such
reasonable rules as the insurance commissioner may at any time
prescribe for the purpose of determining the solvency o f the car
rier and the adequacy or reasonableness o f its rates and reserves;
for such purpose the insurance commissioner may inspect all the
books and records o f such insurance carrier and o f its agent or
agents and examine its agents, officers, and directors under oath.
Provisions sev
Sec. 74. I f any section of the provisions of this act be decided erable.
by the courts to be unconstitutional or invalid, the same shall
not affect the validity o f this act as a whole or any part thereof
other than the part so decided to be unconstitutional or invalid.
ec 75. This act, except as prescribed in section fifty, shall be Act in effect.
come effective March 1, 1921, and section fifty shall become e f
fective October 1, 1920.
ec 76 (as amended by act o f August 19, 1922). The total How expenses
expenses o f the commission shall be prorated among the insurance to be met.
companies writing compensation insurance in this State and the
employers permitted by the commission to pay compensation
direct, hereinafter referred to as self-insurers; on the basis, in
the case o f the insurance companies, o f the gross earned prem ium ;
in the case o f self-insurers, on the basis o f the amount o f
premiums which such self-insurer would have to pay in the event
the self-insurer had insured his liability in a casualty company
writing this class o f business in Georgia. Prorated advances,
based on the experience o f the previous year, shall be made on
each January first and July first by the insurance carriers, and
self-insurers on a budget furnished by the commission, the said
advances for the preceding year to be adjusted as soon after
January first o f each year as complete reports have been re
ceived by the commission. Sworn reports o f the compensation
premium writings o f the insurance carriers and sworn pay-roll
statements o f the self-insurers for the preceding year, ending
December 31st, must be filed with the industrial commission not
later than March 1st o f each year. The books of the commission
shall be audited annually and copy o f such audit shall be

S .

w o r k m e n ’s c o m p e n s a t io n l a w s of t h e u n it e d s t a t e s .
furnished all parties among whom the expenses o f the com
mission are prorated.
All monies assessed against and that
may be payable under this act by the insurance companies writing
compensation insurance in this State and the employers per
mitted by the commission to pay compensation direct, shall be
by the same paid into the State treasury o f Georgia, and by it
held as a special fund subject to the charge o f salaries, expenses,
etc., as provided in this act, to be paid out by the State treasury
only upon warrant signed by the governor and countersigned by
the comptroller general.
Approved August 17, 1920.

IDAHO,
[The compensation law o f the State, ch. 81, Acts o f 1917, since
codified, was amended by chs. 217 and 220, Acts o f 1921. The sec
tion numbers o f the original act are given in brackets follow ing
the code section. The changes are indicated below.
Section 6216 [3] was amended by ch. 220, Acts o f 1921, so as to
specifically include the caretaking and handling o f live stock on
inclosed lands and public ranges under the head o f agricultural
pursuits.
Sec. 6223 [10] was amended by ch. 217, Acts o f 1921. The
only substantial change is the fixing o f burial expenses at a
maximum o f $200 instead o f $100. Formal changes are the
substitution o f figures for letters to designate subsections and
the uniting o f subsections ( f ) and (g ) as subsection 6.
A new section and amendments are as fo llo w s :]
S e c . 6230A (added by ch. 217, Acts o f 1921). Before approving
Bonds,
any hospital contract or agreement, the individual corporation or
association agreeing to furnish to the employees o f any employer
o f the State o f Idaho medical, hospital, and surgical attendance
provided for in section 6230 o f this chapter, the board may, in its
discretion, require such individual, corporation, or association to
file with the board a surety bond in the penal sum o f $5,000 con
ditioned that such individual, corporation, or association will
faithfully furnish to such employees the medical, hospital, and
surgical attendance agreed to be furnished in such contract and
agreement and required to be furnished by section 6230 o f this
chapter.
S e c . 6231 [18] (as amended by ch. 217, Acts o f 1921). W here the
Total disabilinjury causes total disability for work, the employer du rin g ity.
such disability, but not including the first seven days thereof,
shall pay the injured employee weekly compensation equal to
55 per cent o f his average weekly wages, but not more than $12
nor less than $6 per week for a period not exceeding 400 weeks,
and thereafter a weekly compensation o f $6 a week.
I f such employee have a w ife but no dependent minor child, the
employer shall pay to such injured employee weekly compensa
tion equal to 60 per cent o f his average weekly wages, but not
more than $13.10 nor less than $6.55 per week, for a period not
exceeding 400 weeks.
I f the injured employee have a w ife and a dependent minor
child or children, or, being a widower, having any such dependent
minor child or children, the weekly payments in the preceding
paragraph shall be increased by five per cent o f the average
weekly wage for each such child, but the total weekly compensation
shall not exceed $16 per week. I f such total disability shall
exceed a period of four weeks, then he shall receive compensation
for 3 weeks and 4 days and for one day additional for each week
after the expiration o f 4 weeks up to and including the seventh
week. In no case shall the weekly payments continue after the
disability ends. In case the total disability begins after a period
o f partial disability, the period o f partial disability shall be
deducted from such total period o f 400 weeks.
Sec. 6233 [20] (as amended by ch. 217, Acts o f 1921). W here Partial disabilthe injury causes partial disability for work, the employer during ity.
such disability and for a period not exceeding 150 weeks, shall pay
the injured workman a weekly compensation equal to 55 per
centum o f the difference between his average weekly wages be
fore the accident and the weekly wages he is able to earn there-

WORKMEN’S COMPENSATION LAWS OP THE UNITED STATES.

Schedule.

after, but not more than the weekly compensation provided in
section 6231. In no case shall the weekly payments continue after
the disability ends, and in case the partial disability begins after
a period o f total disability the period o f total disability shall be
deducted from such total period o f 150 weeks.
[Section 6234 [21] was amended by ch. 217, Acts o f 1921, mak
ing the provisions o f section 6231 the lim it o f weekly payments,
Instead o f $12 maximum. Specific awards are to be “ in addition
to all other compensation.”
The follow ing is added to the schedule:]
W eeks.

Total deafness o f one ear________________________ 35
Total deafness o f second ear_____________________115
[The follow ing sections were more extensively am ended:]
Sec. 6263 [50] (as amended by ch. 217, Acts o f 1921). I f the
compensation is not settled by agreement, the board may, upon
its own motion, or upon application by either party, assign the
case for hearing by a member o f the board.
S e c . 6264 [51]. Repealed by ch. 217, Acts o f 1921.
Hearings and
Sec. 6265 [52] (as amended by ch. 217, Acts o f 1921). The
awards.
member o f the board shall make such inquiries and investiga
tions as shall be deemed necessary. The hearing shall be held in
the city or town, or in such other convenient place within the
county where such accident occurred, as the board may desig
nate, and the decision o f the member, together with a transcript
o f the evidence, findings o f facts, rulings o f law, and any other
matters pertinent to the questions arising before him, shall be
filed with the industrial accident board. A copy o f the award
shall be immediately sent to the parties. Unless a claim for a
review is filed by either party within 30 days, the decision shall
be enforceable under the provisions o f section 6271.
Medical exami
S e c . 6266 [53] (as amended by ch. 217, Acts o f 1921). The in
nation.
dustrial accident board or any member thereof, may appoint a
duly qualified impartial physician to examine the injured employee
and to report. The fee for this service shall be $10 and traveling
expenses, but the board may allow additional reasonable amounts
in extraordinary cases.
The fees and expenses herein shall be paid by the State, as
other expenses o f the board are p a id : P r o v i d e d , h o w e v e r , That
the party injured and his employer may each at his own cost have
a physician present at such examination.
S e c . 6267 [54]. Repealed by chapter 217, Acts o f 1921.
Review.
S e c . 6268 [55] (as amended by ch. 217, Acts o f 1921). I f a
claim for a review is filed, as provided in section 6265, the board
shall hear the parties and may hear the evidence in regard to
any, or all matters pertinent thereto, and may revise the decision
o f the member in whole or in part, or may refer the matter back
to the member for further findings o f fact, and shall file its deci
sion with the records o f the proceedings and n otify the parties
thereof. Neither party shall, as a matter o f right, be entitled to
a second hearing upon any question o f fact.
S e c . 6270A (added by ch. 217, Acts o f 1921). Any party ag
Procedure on
appeal.
grieved may appeal from the award o f the board to the district
court o f the county in which the injury occurred, if w ithin the
State, otherwise in the county in which the defendant resides, by
filing with the board and the clerk o f the district court a notice
o f appeal and serving a similar notice on the adverse party or his
attorney. Such notice shall be filed within 30 days after such
award has been rendered and shall briefly describe such award
and state the intention o f the party to appeal therefrom. W ithin
ten days after the receipt o f such notice the board shall file with
the clerk o f said court the record o f the proceedings before the
board, including a transcript o f the evidence, and the case there
after shall be tried by the co u rt
'
Upon the trial o f such action the court shall disregard any
irregularity or error o f the board, unless it be made to affirma
tively appear that the party was damaged thereby.
Disputes.

TEXT

LAWS— IDAHO.

The record in any case shall be transmitted to the board within
20 days after the order or judgment of the court, unless appeal
shall be taken from such order or judgment.
Sec. 6271 [58] (as amended by ch. 217, Acts of 1921). Any
Enforcement,
party in interest may file in the district court for the county in
which the injury occurred, if such injury occurred within the
State, otherwise in the district court for the county where the
employer resides, a certified copy o f a decision o f the board award
ing compensation, from which no appeal has been taken, within
the time allowed therefor, or a certified copy of a memorandum
o f agreement approved fey the board, whereupon said court shall,
without notice, render a decree or judgment in accordance there
with and notify the parties thereof. Such decree or judgment
shall have the same effect, and all proceedings in relation thereto
shall thereafter be the same, as though said decree or judgment
had been rendered in a suit duly heard and determined by said
court, and shall with like effect be entered and docketed, except
that there shall be no appeal therefrom, and the same shall not
constitute a lien upon the real property o f the employer unless
execution be levied thereon.
[Sec. 6272 [59] was amended by ch. 217, Acts of 1921, by omit
ting the words “ committee o f arbitration ” from the first line o f
the section.]
S e c . 6272A (added by ch. 217, Acts o f 1921). Whenever any
interest on de
question involving compensation o f an injured employee or his ferred payments,
dependents is appealed to the district or supreme court by the
employer and the appellate court finds in favor of the employee
in an amount equal to or greater than the award o f the board,
then the employer shall pay interest on the whole amount o f the
judgment of the court at seven per cent per annum from the date
o f award by the board to date o f payment, but if the award o f
the board be reduced then the employer shall not be required to
pay interest on any amount for any time prior to the date o f final
judgment of the court.
I f the employee or his dependents appeal from an award by the
board and the final judgment of the court should be in excess o f
award o f the board, then the employer shall pay interest at the
rate o f seven per cent per annum from date o f award by the board
on the amount o f final judgment o f the court until paid, but i f the
award o f the board be sustained or decreased then the employer
shall not be required to pay interest prior to the final judgment o f
the court.
Sec. 6281 [68] (as amended by ch. 217, Acts o f 1921). I f an Failure to seemployer subject to the provisions o f this act fails to comply with e y r e compensathe provisions o f section 6278, he shall be guilty o f a misdemeanor tl0n*
and upon conviction be punishable by a fine o f not more than five
hundred dollars or by imprisonment in the county ja il for a period
o f not more than six months, or by both such fine and imprison
ment. Prosecution under this section shall be brought in the
name of the chairman o f the industrial accident board.
Sec. 6281A (added by ch. 217, Acts o f 1921). The industrial Order to show
accident board may, however, in its discretion, if it deems proper, cause*
issue an order to show cause directing an uninsured employer to
appear before the board, or one o f its members, to show cause why
he should not be prosecuted.
A summons and complaint shall be served in form similar to a
summons in a justice court with necessary changes and shall
direct the defendant to appear on a day certain not less than tw o
nor more than twenty days from its date.
The summons may be served by a sheriff or constable o f any o f
the counties o f the State.
S e c . 6281B (added by ch. 217, Acts of 1921). I f upon the hearFindings,
ing it is shown that the defendant has complied with the provi
sions o f section 6278, the action shall be dismissed w ith costs to
the defendant to be assessed by the court. Otherwise the board
shall be free to file a criminal complaint if the facts so justify*

w o r k m e n ’s c o m p e n s a t io n l a w s of t S e u n it e d s t a t e s ,

S ec. 6287A (added by ch. 217, A cts o f 1 9 2 1 ). A n employer
subject to the provisions o f this act shall be liable for compensa
tion to an employee of a contractor or subcontractor under him
or who has not complied with the provisions of section 6278 in
any case where such employer would have been liable for compen
sation if such employee had been working directly for such em
ployer. The contractor or subcontractor shall also be liable for
such compensation, but the employee shall not recover compen
sation for the same injury from more than one party. The em
ployer who shall become liable for and pay such compensation
may recover the same from the contractor or subcontractor for
whom the employee was working at the time of the accident.
Section 6287A shall be in for.ce as to all contracts made subse
quent to March 15, 1921.
[Ch. 104, Acts o f 1921, transfers the administration o f the
State insurance fund from a specially appointed State insurance
manager to the department o f finance. This automatically ab
rogates section 76 of the original compensation act and calls for
a change in terminology throughout sections 75 to 106 (secs. 62886316 of the Code). Other changes made are indicated below.]
S ec. 6300[89]. Repealed by chapter 240, Acts of 1921.
W i f h<rirawal
S ec . 6308[97] (as amended by ch. 217, Acts o f 1 9 2 1). Any emom tuna.
ployer may, upon complying with subdivision 2 of section 6278,
withdraw from the fund by turning in his insurance contract or
policy for cancellation: P ro vid ed , He is not in arrears for pre
miums due to the fund and has given to the department of finance
30 days’ written notice of his intention to withdraw: A n d also
provided , That in case an employer so withdraws, his liability to
assessments shall continue after the date of such withdrawal as
against all liabilities for such compensation accruing prior to such
withdrawal.
Any employer so withdrawing may, however, terminate his en
tire liability by paying to the department such sum as said de
partment may deem sufficient to cover such liabilities.
Names to be
gE a g 3 17A [f0n0ws sec. 108 o f original act] (added by ch. 217,
Acts of 1921). The department of finance shall forthwith file
with the board the names of all employers insured in the State
fund, and shall on the first of each month file a list of other
employers insured in the State fund during the calendar month
then last past.
Employers* regE€> 6317B (added by ch. 217, Acts of 1921). Every employer
■
>rls*
subject to the provisions of this act shall hereafter report semi
annually on January 1 and July 1 to the board the average num
ber of employees on the pay roll during the preceding six months
period.
[Section 6321 [110-b] was amended by ch. 217, Acts o f 1921,
by striking out from the second sentence o f this section the
words “ nor does it include a person whose remuneration exceeds
twenty-four hundred dollars a year.” ]
Contractors,

ACTS OF 1921.
C hapter

83.— S ta te insurance fund— C ost o f adm inistration .

[The repeal of section 89 leaves the insurance fund without
provision for costs o f administration. The legislature provides
in the above chapter for an appropriation from the fund itself
o f specific sums, $65,540 in amount, to meet such costs.]

ILLINOIS.
[The compensation law of this State, act o f June 10, 1911
(p. 335), previously amended, was further amended in 1921
(p. 446). The changes are indicated below:
Section 1 is amended by striking out in the first sentence of
paragraph (b) the words “ covered by this act.”
Section 3 is amended by making its general clause read as
follow s:]
Sec. 3. The provisions o f this act hereinafter following shall
apply automatically and without election to the State, county, cwered!
7
city, town, township, incorporated village or school district,
body politic or municipal corporation, and to all employers and
all their employees engaged in any department of the following
enterprises or businesses which are declared to be extra hazard
ous, namely:
[Section 7 is amended by increasing the standard maximum
death benefit from $3,500 to $3,750; the special»maximums in B e n e fit *
subsection 2 are likewise increased $250 in each instance.
Section 8 is amended by fixing the weekly minimum and
maximum benefits at $7.50 and $14, respectively, instead of $7
and $12, in paragraphs (b ), ( f ) , and (h ). Subsections 2 and 3
are amended to read as follow s:]
2.
Wherever in this section a weekly minimum of $7.50 is Am ounts for
provided, such minimum shall be increased in the follow ingchildren*
cases to the following amounts:
$8.50 in case of any employee having one child under the age
o f 16 years at the time of the injury to the employee;
$9.50 in a case of an employee having two children under the
age of 16 years at the time of the injury to the employee;
$10.50 in a case of an employee having three or more children
under the age of 16 years at the time of the injury to the em
ployee.
S e c . 3. Wherever in this section a weekly maximum of $14
is provided, such maximum shall be increased in the following
cases to the following amounts:
$15 dollars [sic] in case of an employee with one child under
the age of 16 years at the time of the injury to the employee.
$16 in case of an employee with two children under the age
of 16 years at the time of the injury to the employee.
$17 in case of an employee with three or more children under
the age of 16 years at the time o f the injury to the employee.
[Subsection 4 is omitted.
Section 12 is amended by inserting a second proviso at the end
of the first sentence, which provides “ that such examination
shall not be made on the day of the hearing.”
Section 14 is amended so as to give members of the State in
dustrial commission $6,000 per year instead of $5,000, the chair
man’s salary to be $7,500. The secretary’s salary is fixed at
$5,000, and that of the arbitrators is advanced from $3,000 to
$4,200.
Section 19 is amended in paragraph (d ) by requiring injured
workers to accept hospital treatment, as well as medical and
surgical treatment for the improvement of their condition. Re
view is limited to matter presented by the record, no additional
evidence being allowed, nor shall findings of fact be set aside
“ unless contrary to the manifest weight of the evidence.” 1 The
1
T h is p r o v i s io n a s t o s e t t in g a s id e fin d in g s is h e ld t o b e a v o i d a t t e m p t
t o p r e s c r ib e a r u le g o v e r n in g ju d i c i a l a c t io n a n d is u n c o n s t it u t io n a l.
O tis
E le v a t o r C o . v . I n d u s t r ia l C o m m is s io n , 1 3 4 N . E . 1 9 .

WORKMEN ’ s COMPENSATION LAWS OF THE UNITED STATES.

E m ployers’

tions.

party seeking a review must pay in advance to the secretary
o f the industrial commission the estimated probable costs o f the
same.
Section 24 is amended by striking out the proviso at the end
o f the fourth sentence, to the effect that ‘ failure to give notice
is no bar to a claim when the facts o f the accident are known
to the employer or his agent or vice principal.
Section 25 is amended so as to read as fo llo w s : ]
op'
S e c . 25 (as amended by act, p. 446, Acts o f 1921). Any em
ployer against whom liability may exist for compensation under
this act shall upon the order and direction o f the industrial
com m ission:
(a ) Deposit the commuted value o f the total unpaid compen
sation for which such liability exists, computed at three per
centum per annum in the same manner as provided in section 9,
with the Staste treasurer, or county treasurer in the county where
the accident happened, or with any State or National bank or
trust eonapany doing business in this State, or in some other suit
able depository approved by the industrial com m ission: P r o v i d e d ,
That any such depository to which such compensation may be
paid, shall pay the same out in installments as in this act pro
vided, unless such sum is ordered paid in, and is commuted to a
lump-sum payment in accordance with the provisions o f this a ct;
or
(b ) Purchase an annuity, in an amount o f compensation due
or computed, under this act within the lim itation provided 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 commission.
[The follow ing act, though form ally an amendment to a stat
ute on a distinctly separate subject, directly affects compensation
for injuries, and for that reason it is reproduced.]
ACTS OF 1921.
O c c u p a tio n a l d is e a s e s —

S ta tu s

a s

a c c id e n ts .

(P a g e 4 4 4 .)

D is e a s e
pensabe.

S e c t i o n 1. Section 15 o f “ An act to promote the public health
by protecting certain employees in this State from the dangers o f
occupational diseases * * * ” (page 330, Acts o f 1911) is hereby
amended as fo llo w s :
om'
S e c . 15. (a ) The disablement o f an employee engaged in occu
pations covered by section two ( 2 ) 2 o f this act resulting from an
occupational disease arising as a result o f the work, labor, manu
facture, or process referred to in said section two (2) shall be
treated as the happening o f an accidental injury within the terms
and meaning o f the workmen’s compensation act.
(b ) The term disablement means the state o f being disabled
from earning full wagek at the work at which the employee was
last employed by the employer from whom he claims compensation.
(c ) I f any employee employed in occupations covered by section
tw o (2) o f this act is disabled or dies and his disability or death
is caused by a disease arising out o f the occupations referred to in
section two (2) o f this act, which disease arises out o f and in the
course o f his employment, he or his dependents shall be entitled
to compensation for his death or fo r the duration o f his disability
in accordance with the provisions o f the workmen’s compensation
act.

2
S ection 2, referred to a bove, rela tes to “ E v e ry em p lo y e r in this S ta te
en gaged in the c a r r y in g on o f any p ro ce s s o f m a n u fa ctu re o r la b o r in
w h ich su ga r o f lead, w h ite lead, lead ch rom a te, lith a rg e , red lead, arsen a te
o f lead, o r P a ris green a re em p loyed , used, or h and led , or th e m a n u fa ctu re
o f brass o r the sm eltin g o f lead o r zin c ” ; also to “ a n y p ro ce ss o f m an u
fa ctu re or labor in w h ich p o ison ou s ch em ica ls, m in era ls, o r o th e r su b
stances are used o r han d led by the employees th erein in harmful quantities

or under harmful conditions/'

TEXT OF LAWS— ILLINOIS.
(d ) No common law or statutory right to recover damages for
injury or death sustained by an employee from an occupational
disease other than the compensation provided in the workmen’s
compensation act shall be available to any employees engaged in
any work, manufacture, or process referred to in section two (2)
o f this act to anyone w holly or partially dependent upon him, the
legal representatives o f his estate, or to anyone otherwise entitled
to recover damages for such injury.
(e) Except as amended herein said section fifteen (15) shall be
and remain in full force and effect as heretofore.
Filed July 13, 1921.
[The above act was declared unconstitutional by the supreme
court o f the State because o f the failure o f the legislature to
comply with the technical procedure prescribed for amending
statutes. Kelley v . St. Louis Smelting & Refining Go. (1923),
138 N. E. 618.]

55
Recovery.

KENTUCKY.
[The workmen’s compensation act o f this State (ch. 33, Acts
o f 1916) was amended in 1920 and 1922. The changes made are
as follow s:
Section 1 was amended by ch. 50, Acts o f 1922, making the
privilege o f voluntary election specifically include “ employers
having less than three employees.”
Medical, etc.,
Section 4 was amended by ch. 37, Acts o f 1920, by making the
w *
limitation on medical, etc., treatment “ not exceeding 90 days
nor exceeding a total expense to the employer o f more than one
hundred dollars on account o f the benefits provided by this sec
tion, unless the board shall, by order made within that time,
direct an extension o f said period o f treatment or direct an
extension o f said limit o f expense to not exceeding two hundred
dollars.”
Sections 9 and 10 are amended by ch. 50, Acts o f 1922, by put
ting the insurance carrier on the same footing as the employer
in regard to rights against third parties and against subordinate
contractors, respectively, where the insurance carrier has, under
his contract, met the obligation fixed by the statute.
Benefits.
Section 16 is amended by ch. 37, Acts o f 1920, by advancing the
weekly maximum benefit for total disability from $12 to $15
and the maximum total from $5,000 to $6,000.
Section 17 is amended by ch. 37, Acts o f 1920, by increasing the
maximum weekly benefit for temporary partial disability from
$12 to $15.
Section 35 is amended by ch. 50, Acts o f 1922, by adding the
words “ or claim ” after the word “ notice ” in the second sen
tence o f the section.
Section 42 is amended by ch. 37, Acts of 1920, by advancing the
maximum salary for stenographers from $75 per month to $100,
for clerical employees from $100 to $125, and for other employees
from $150 to $175. Section 42b is amended by the same act by
increasing the maximum allowance for meals and lodging from
$3 to $5 per day.
Section 65 is amended by ch. 50, Acts of 1922, by adding the
follow ing proviso at the end o f the second paragraph : ]
Mutual insurP r o v i d e d , h o w e v e r , That any mutual insurance association or
ance companies, reciprocal or interinsurance exchange possessing a surplus o f at
least one hundred thousand ($100,000) dollars and not less in
amount than the capital required o f a domestic stock insurance
company transacting the same kind o f insurance shall not be
required to purchase an annuity or effect reinsurance with a com
pany authorized to transact insurance in this State or to make
such a deposit with a bank or trust company o f this State fo r the
purpose o f fully securing the payment o f all deferred installments
upon any claim for compensation.
[The third paragraph o f this section is not form ally stricken
out, but is omitted in what purports to be the present form o f the
section.
Section 73 is amended by ch. 50, Acts o f 1922, by adding thereto
the follow in g :]
Notice of elec“ And said notice so filed, or a copy thereof certified by the
M0IL
secretary o f said board, may be used as evidence in any action by
or against said employer in any court o f this Commonwealth of
the facts therein shown and that said employer has elected to
operate under this act.”

TEXT OF LAWS— K EN TU CKY.

[Section 74 is amended by ch. 50, Acts o f 1922, by inserting after
the first paragraph the follow in g :]
“ The employer shall provide and keep a compensation register,
or registers, so that the employees may at all times have oppor
tunity to sign same in acceptance of this act.”
[Section 83 is amended by ch. 37, Acts o f 1920, by reducing the
tax on insurance carriers, set forth in subsection 1, from 4 to 2
per cent, and in subsection 2, from $4 per $100 premium to $2. In
subsection 8 the tax on self-insurers is Likewise reduced from 4 per
cent to 2 per cent o f their estimated premium rate.
Subsection 9 is amended so as to read as fo llo w s :]
Subsection 9. The board shall not be authorized to incur
expenses or indebtedness during any period chargeable against the
maintenance fund in excess o f the premium tax payable to such
fund for the same period. I f it be ascertained that the total net
surplus to the credit o f the maintenance fund o f June thirtieth o f
any year exceeds the sum o f sixty thousand dollars, no tax pro
vided for under any part o f this section shall be assessed or col
lected that year for the benefit or maintenance o f said fund, and
the tax upon premiums under this act which would otherwise
have been payable for the maintenance o f said fund shall be pay
able into the State treasury to be credited to the general fund.

LO U IS IA N A ,
[The compensation law o f Louisiana was amended by Nos. 234,
244, and 247, Acts o f 1920, and by No. 43, Acts o f 1922. The
changes are indicated below.
Section 7 is amended so as to read as fo llo w s :]
Li abi l i ty of Sec. 7 (as amended by No. 247, Acts o f 1920). When an injury
third persons.
f or w hich compensation is payable under this act shall have been
sustained under circumstances creating in some other person (in
this section referred to as third person) than the employer a legal
liability to pay damages in respect thereto, the injured employee
or his dependent may claim compensation under this a c t ; and the
payment or award o f compensation hereunder shall not affect the
claim or right o f action o f such injured employee or his dependent
against such third person, nor be regarded as establishing a meas
ure o f damages for such in ju ry ; and such injured employee or
his dependent may obtain damages from or proceed at law against
such third person to recover damages for such injury.
Subrogation.
2. Any employer having paid or having become obligated to pay
compensation under the provisions o f this act may bring suit
against such third person to recover any amount which he has
paid or become obligated to pay as compensation to any injured
employee or his dependent: P r o v i d e d , That if either such em
ployee or his dependent, or such employer, shall bring suit against
such third person, he shall forthw ith notify the other in w riting
o f such fact and o f the name o f the court in which such suit is
filed, and such other may intervene as party plaintiff in such suit,
of jSdgme°ntment 3. In the event that such employer or such employee or his
dependent shall become party plaintiff in such suit and any
damages are recovered, such damages shall be so apportioned in
the judgment that the claim o f the employer for the compensation
actually paid shall take precedence over that of' the injured em
ployee or his dependent; and if the damage shall not be sufficient
or shall only be sufficient to reimburse the employer for the com
pensation which he has actually paid, with a reasonable attorney’s
fee, to be fixed by the court rendering the judgment, and his costs,
such damages shall be assessed solely in his fa v o r ; but if the
damages shall be more than sufficient to so reimburse the employer,
the excess shall be assessed in favor o f the injured employee or
his dependent; and upon payment thereof to the employee or his
dependent the liability of the employer fo r compensation shall
cease for such part o f the compensation due hereunder, computed
at six per centum per annum, as shall be satisfied by such pay
ment.
Compromises.
4. No compromise with such third person by either the em
ployer or the injured employee or his dependent shall be binding
upon or affect the rights o f the other unless assented to by him.
Wage percent[Section 8 is amended by act No. 247, Acts of 1920, by changing
age.
the basic percentage o f compensation from 55 to 60 throughout;
also by increasing the allowances to all dependents or groups o f
dependents five per cent in each case. The follow ing is added to
subsection 2, paragraph (g ), and amended by No. 43, Acts o f
1922:]
Dependent
But if only one parent be actually dependent on the deceased
brother or sister. empioyee to any extent for support at the time o f the injury and
death, and there be brothers and sisters and other members o f the
fam ily o f the deceased employee not hereinabove specifically pro
vided for, then, if any 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, ten per centum additional
fo r each such brother or sister or other dependent member o f
58

TEXT OF LAW S— LO UISIANA.

the fam ily not otherwise specifically provided for, subject to a
maximum o f sixty per centum o f wages for all.
[The maximum weekly benefit (subsection 3) is advanced from B en efits.
$16 to $18 per w e e k ; and the words “ nor in any case unless the
employer is notified thereof within the period specified in section
11 ” are stricken out o f subsection 4.
Medical, etc., aid (subsection 5) was increased from $150 to
$250 per case as a maximum, and to the funeral expenses o f $100
$50 is added, to be available for contingent expenses.
The provision as to lump-sum settlements (subsection 8) was
amended by No. 247, Acts of 1920, and No. 43, Acts o f 1922. It
now reads as fo llo w s :]
The amounts payable as compensation may be commuted to a t ie m e iQ ts ***’
lump settlement at any time by agreement o f the parties if ap
proved by the court as solely and clearly in the interest o f the
employee or his dependent: P r o v i d e d , That in making such lump
sum settlement the payments due to the employee or his dependent
under this act shall not be discounted at a rate greater than
eight per centum per annum. I f such lump settlement be made
without the approval o f fhe court, or at a discount greater than
eight per centum per annum, even if approved by the court, the
employer shall be liable for compensation at twice the rates fixed
in this act, and the employee or his dependent shall at all times
within five years after the date o f the payment o f the lump-sum
settlement, and notwithstanding any other provisions of this act,
be entitled to demand and receive in a lump sum from the em
ployer such additional payment as together with the amount
already paid w ill aggregate twice the compensation which would
have been due under this act but for such lump-sum settlement.
But upon the payment o f lump-sum settlement commuted on a term
agreed upon by the parties, discounted at not more than eight 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: P r o v i d e d , That for the injuries scheduled in para
graphs 1 (d ) and 2 o f this section no shorter term than therein
set forth shall have been agreed upon.
[Section 11 is amended so as to read as fo llo w s :]
Sec. 11 (as amended by No. 247, Acts o f 1920). 1. No proceed- Notice,
ing under this act for compensation shall be maintained unless
notice o f the injury shall be given to the employer within six
months after the date o f injury or death. No such notice shall be
held invalid or insufficient by reason of any inaccuracy in stating
the time, place, nature, or cause o f the injury or otherwise, unless
it is shown that the employer was in fact misled to his injury
thereby. Such notice may be given or made by any person claim
ing to be entitled to compensation, or by anyone in his behalf.
2.
W ant o f notice or delay in giving notice shall not be a bar
to proceedings under this act if it be shown that the employer,
or his agent or representative, had knowledge o f the accident,
or that the employer has not been prejudiced by such delay or
want o f notice.
[Section 18, subsection 1, is amended by act No. 234, Acts o f
1920, so as to read as fo llo w s :]
1.
In case o f a dispute over, or failure to agree upon a claim for
R e fe r e n c e
compensation between employer and employee, or the dependents courto f the employee, either party may present a verified complaint
to the judge o f the district court o f the parish in which the
injury was done or the accident occurred, or, where there is more
than one judge o f said court, then to either or any o f said judges
o f such court, or when the amount in dispute is below the juris
diction o f the district court, then said verified complaint may be
presented to any justice o f the peace of the ward in which said
injury was done or accident occurred, or to any court at the domi
cile o f the defendant having jurisdiction o f amount in dispute, at
the option of the plaintiff:, setting forth the names and residence
o f the parties and the facts relating to employment at the time o f
injury, the character and extent o f the injury, the amount o f

W O R K M E N ’ s CO M PEN SATIO N LA W S OF T H E U N IT E D STATES.

P r e fe r e n c e
aw ards.

F ees.

In su ra n ce

quired.

B ond

I n t e r s ta te
r ie r s .

wages being received at the time of the injury, the knowledge o f
the employer or notice o f the occurrences o f said injury and such
other facts as may be necessary and proper fo r the inform ation
o f said judge and shall state the matter or matters in dispute and
the contention o f the petitioner with reference thereto, including
all facts which are in this act or in any amendment thereof made
conditions under which compensation may be granted.
[Sections 21 and 22 are amended so as to read as fo llo w s :]
of Sec. 21 (as amended by act No. 247, Acts o f 1920). Claims
or payments due under this act shall have the same preference
and priority for the whole thereof against the assets o f the em
ployer as is allowed by law fo r any unpaid wages o f the laborer,
and shall not be assignable, and shall be exempt from all claims
o f creditors, and from levy or execution or attachment or garnish
ment, except under a judgment o f court for alimony in favor o f
a w ife or ascendant or descendant.
2.
Fees o f attorneys and physicians for services under this act
shall be reasonable and shall be measured according to the w ork
man’s station and shall be approved by the court.
reSec. 22 (as amended by No. 247, Acts o f 1920). 1. On or before
November 1st, 1920, any employer who may come under the
provisions o f this act, and any employer who may come under the
provisions o f this act on or before October 1st, 1920, and within
thirty days after coming under the provisions o f this act, any
employer who may come under its provisions subsequent to Oc
tober 1st, 1920, shall file with the clerk o f the district court o f
the employer’s domicile, proof that, in accordance with the pro
visions o f this act, such employer has taken out insurance against
all liability that might arise under this act, or shall furnish a
bond, with good and solvent surety, conditioned for the faith ful
payment o f all liability that might arise under this act, unless
excused by the court from taking out such insurance or furnish
ing such bond upon proof o f financial solvency. Any employer
failing to comply with the provisions o f this section shall, if
liable for compensation under this act, be so liable at tw ice the
rate fixed by this act, and shall be liable to pay, in a lump sum,
to any injured employee entitled to compensation under this act,
or to the dependent o f any such injured employee, such payment
as, together with the amount already paid, if any, w ill aggregate
twice the compensation due under this act for such injury.
2. I f it should be made to appear to the satisfaction o f the
court that there is reasonable room for uncertainty as to the
financial responsibility o f an employer against whom liability
fo r compensation has accrued, and that such employer has not
taken out insurance against his liability under this act, or has
not furnished a bond as in this section provided, the court may
order such employer to forthw ith furnish a bond, with good and
solvent surety, conditioned for the faith ful payment o f all liability
that has arisen or might arise under this act.
[Section 30 is amended so as to read as fo llo w s :]
car.
Sec. 30 (as amended by No. 244, Acts o f 1920). This act shall
not be construed to apply to any employer acting as a common
carrier while engaged in interstate or foreign commerce by rail
road, provided that the employee o f such common carrier was
injured or killed while so em ployed; but if the injury or killing
o f an employee o f a railroad occurs while the employer and em
ployee are both engaged and employed at the time in an intra
state operation or movement, and said movement or operation is
not controlled or governed by the laws, rule o f liability, or method
o f compensation which has been or may be established by the
Congress o f the United States, then this act shall govern and
compensation shall be recovered hereunder; and nothing in this
act shall be construed to apply to any w ork done, nor shall any
compensation be payable under this act to the master, officers,
or any members o f the crew o f any vessel used in interstate or
foreign commerce which said vessel is not registered or enrolled
in the State o f Louisiana,

MAINE.
[The compensation law o f this State was amended by ch 222,
Acts o f 1921. The changes are indicated below :
Section
is amended in the last paragraph
subsection
V III, so as to read as fo llo w s :]
Dependents.
“ In all other cases questions o f entire or partial dependency
shall be determined in accordance with the fact, as the fact
may have been at the time o f the accident. I f there is more
than one person wholly dependent, the compensation shall be
divided equally among them, and persons partly dependent, if
any, shall receive no part thereof during the period in which
compensation is paid to persons w holly dependent. I f there is
no one wholly dependent and more than one person partly de
pendent, the compensation shall be divided among them ac
cording to the relative extent o f their dependency. I f a de A lie n s.
pendent is an alien residing outside o f the United States, or o f
the Dominion o f Canada, the compensation paid to any such
dependent shall be one-half that hereinafter provided in case
o f the death o f an employee.”
[Section 7 is amended by changing the w ord “ illeg a lly ” in
the first line o f the second sentence to “ legally,” so as to r e a d :
“ a minor working at an age legally permitted, etc.”
Section 9 is changed by reducing the waiting time from 10 Waiting1 time.
days to. 7 days, making compensation begin on the 8th day.
Section 12 is amended so that the first sentence now reads as
fo llo w s : ]
Comp ensation
ec
If
for death.
pay the dependents o f the employee, wholly dependent upon his
earnings for support at the time o f his injury, a weekly payment
equal to two-thirds his average weekly wages, earnings, or
salary, but not more than sixteen dollars nor less than six
dollars a week, for a period o f three hundred weeks from the
date o f the injury, and in no case to exceed four thousand dol
lars : P r o v i d e d , h o w e v e r , That if the dependent o f the employee
to whom the compensation shall be payable upon his death is
the w idow o f such employee, upon her death or remarriage the
compensation thereafter payable under this act shall be paid
to the child or children o f the deceased employee, including
adopted and step-children, under the age o f eighteen years, or
over said age, but physically or mentally incapacitated from
earning, who are dependent upon the w idow at the time o f her
death or remarriage.
[Section 14 is amended by making two-thirds instead o f three- wage percentfifths o f the workm an’s wages the basis o f compensation for total »se*
disability; also by increasing the weekly maximum to $16 and the
total to $6,000.
Section 15 is amended by changing three-fifths to two-thirds, in
the first sentence; also by making the weekly maximum for par
tial disability $16 instead of $15.
Section 16 is amended by substituting two-thirds for three-fifths
throughout; also by changing the first sentence so as to read as
fo llo w s : ]
S e c . 16. In cases included in the follow ing schedule the disPeriod of total
ability in each such case shall be deemed to be total for the disability,
period specified, and after such specified period, if there be a
total or partial incapacity for w ork resulting from the injury
specified, the employee shall receive compensation while such
total or partial incapacity continues under the provisions o f sec-

S . 12.

death results from the injury, the employer shall

328600—23-

w o r k m e n ’ s c o m p e n s a t io n l a w s of t h e u n it e d s t a t e s .

Settlements
be approved.

Action
ninety days.

Chairman.

Hearings.

tions fourteen and fifteen, respectively, but in no case shall com
pensation continue more than three hundred \veeks after the
injury.
[Section 26 is amended by adding thereto the follow in g :]
t0 Settlement o f such claims and the distribution o f the proceeds
therefrom must have the approval o f the court wherein litigation
is pending, or if not in suit, o f the chairman o f the commission.
The beneficiary shall be entitled to reasonable notice and oppor
tunity to be present in person or by counsel at the approval pro
ceedings.
1 n The failure o f the employer or compensation insurer in interest
to pursue his remedy against the third party within ninety days
after written demand by a compensation beneficiary shall entitle
such beneficiary or his representatives to enforce liability in his
own name, accounting for the proceeds to be made on the basis
above provided.
[Section 29 is amended by adding to the fourth paragraph
thereof the follow in g :]
In case the office o f chairman becomes vacant through death,
resignation, or removal the associate legal member shall act as
chairman until the governor makes an appointment to fill such
vacancy.
[Section 30 is amended by striking out from the second sentence
the w o rd s : “ and the clerk o f the commission shall record it in a
book kept for that purpose.”
Section 33 is amended so as to read as fo llo w s :]
S e c . 33. The whole matter shall then be referred to the chair
man or associate legal member o f said commission, who shall fix
a time for hearing upon the request o f either party, upon a three
days’ notice given to the other party. All hearings shall be held
in the town where the accident occurred, but the commission may,
with the consent o f said claimant, hold said hearing in some other
place, in which case the commission may reimburse the claimant
for the actual traveling expenses incurred in attending the hear
in g; any sum o f money paid for such expenses to be charged to
the appropriation o f the industrial accident commission under the
heading “ Expenses o f administration.”

MARYLAND.
[T h e compensation law o f this State was amended in 1920
(ch. 456), and 1922 (chs. 303, 321, and 359). The changes are
noted below.
Section 15 was amended by ch. 456, Acts o f 1920, by adding
thereto the follow in g :]
Any such employer who may wish to adopt any one o f the S e c u r i t y
methods mentioned in the preceding paragraphs fo r assuring th e paymen s*
payment o f compensation to his employees and their dependents
shall first submit to the State industrial accident commission the
method he wishes to adopt. The said commission may approve or
reject the method proposed. I f rejected, the employer may sub
mit another method authorized under this act. The said commis
sion may from time to time revise or alter its decision in approving
the election o f an employer to adopt any one o f the methods o f
assuring payment o f the compensation as provided for in this act,
if such action is reasonably necessary to secure and safeguard
such payments to employees or for the diminishing and prevention
o f accidents. Any action o f the commission for the purpose o f
diminishing or preventing accidents shall not apply to public
service corporations under the jurisdiction o f the public service
commission. Any decision o f said commission under this section
or section 14 o f this act may be reviewed by w rit o f certiorari in
the circuit court fo r the county in which the employer may reside
or in any o f the common law courts o f Baltimore City, if the
employer resides in Baltimore City.
Any employer subject to the provisions o f this act who fails or
refuses to insure voluntarily the payment o f the compensation
specified in this act to his employees and their dependents through
one o f the methods o f assurance o f payment mentioned in the
second paragraph o f this section o f this act, or fails to furnish
satisfactory proof to the commission o f his financial ability to pay
such compensation himself or give bond or deposit securities as
aforesaid, shall at any time after November first, nineteen hun
dred and fourteen, be compelled by the commission to insure to
his employees and their dependents the payment o f the compensa
tion specified in this act, by paying to the State treasurer for the
use and benefit o f the State accident fund, hereinafter authorized
to be established, the premium or taxes levied and published by
the commission fo r the group o f employments, industries, or works
to which said employer belongs. And any such employer who
fails or refuses to so insure within ten days, after being ordered
by the commission to do so, shall be liable to the State in an
amount equal to the premium or taxes required o f him for six
months’ insurance in the State accident fund, as a penalty, which,
together with his premium or tax due the State accident fund for
the first six months, may be collected by the commission in the
same manner and with the same effect as provided in section 22
o f this act fo r the collection o f premiums or taxes in default.
In exercising the discretion conferred upon it by this section
and section 14 o f this act the State industrial accident commission
shall consider the reputation o f any insurance company or asso
ciation, in which any such employer may desire to insure, fo r
promptness and fairness in the settlement o f compensation claims,
w ithout unreasonable resistance on the part o f any such insurance
company or association, and shall also consider the financial
strength o f the employer, the number o f employees employed, the
degree o f hazard to employees engaged in the employment, the
likelihood or danger o f several employees being injured or killed

W O R K M E N ’ S CO M PENSATIO N LAW S OF T H E U N IT E D STATES.

by one and the same accident, the relative influence, the different
methods by which compensation may be assured under this act
are likely to exert upon the employer and his employees for the
prevention o f accidents, and any other facts or conditions bearing
upon the security and promptness o f payment o f the compensation
and the prevention o f accidents.
[Section 17 was amended by ch. 321, Acts o f 1922, by striking
out the third sentence thereof.
Section 19 is amended by ch. 456, Acts o f 1920, by making
classifications applicable throughout the year in which made,
“ unless a reclassification should, in the opinion o f the commis
sion, necessitate a change o f rate within such y e a r ; ” also by
adding thereto the fo llow in g :]
Dividends.
“ The commission, in its administration o f the State accident
fund, shall have the power to declare dividends to the subscribers
or policy holders in the fund, either in the form o f cash refunders
or credits, when the financial condition o f the fund is such, in
the judgment o f the commission, as to make such dividend declara
tion warranted and advisable.’,
[Section 27 is amended by ch. 456, Acts o f 1920, by increasing
the amount that may be assessed against insurance carriers and
self-insurers for an expense fund for the commission from $60,000
to $80,000 per year.
Section 29 is amended by ch. 456, Acts o f 1920, so as to read as
fo llo w s :]
In s u r a n c e p o l i
Sec. 29. Every policy fo r the insurance o f the compensation
c ie s .
herein provided for, or against liability therefor, shall be deemed
to be made subject to the provisions o f this act. No company or
association shall enter into any such policy o f insurance until
such company or association shall first obtain from the Insurance
Commissioner o f Maryland a license o f authority for the purpose
which said commissioner o f insurance shall have full power and
authority from time to time to determine the adequacy o f its or
their premium rates for carrying compensation insurance as pro
vided in this law and until the form o f such policy shall have
been approved by the State industrial accident com m ission; and
said insurance commissioner shall have full power and authority
to require said insurance companies to establish and maintain
adequate rates to cover respective risks to which their policies
are applicable under the provisions o f this act. Any insurance
company or employer carrying his own insurance, desiring to do
compensation insurance in this State, shall be required to keep
and maintain a local office in charge o f a competent person, who
shall handle all the compensation work for said insurance com
pany or self-insurer. Any person, firm, corporation, insurance
company, association, and self-insurer violating the provisions o f
this section shall be subject to a fine o f not less than $500 nor
more than $1,000 for each offense, and upon conviction thereof
the insurance commissioner may revoke the license o f authority
fo r doing business in this State o f such person, corporation, firm,
insurance company, and association and the State industrial
accident commission may prohibit such self-insurer from carrying
its own insurance.
[Section 32 is amended by ch. 456, Acts o f 1920, by adding to
paragraph (43) thereof the w ords “ and to all work o f an extrahazardous nature.”
Section 35 is amended so as to read as fo llo w s :]
S e c . 35 (as amended by ch. 303, Acts o f 1922). W henever the
S ta te a n d m u
n ic ip a l
e m p lo y ■State, county, city, or any municipality shall engage in any extraees.
hazardous work, within the meaning o f this article, whether for
pecuniary gain or otherwise, in which workmen are employed for
wages, this article shall be applicable thereto. Whenever and so
long as by State law, city charter, or municipal ordinance provi
sion equal or better than that given under the terms o f this article
is made for municipal employees injured in the course o f employ
ment, such employees shall not be entitled to the benefits o f this
article.

TEX T OE LA W S— M ARYLAND.

[Section 36 is amended so as to read as fo llo w s :]
S e c . 36 (as amended by ch. 456, Acts o f 1920). Each employee

Scale of com(or in case o f death his fam ily or dependents) entitled to receive Pensation*
compensation under this article shall receive the same in accord
ance with the follow ing schedule and except as in this article
otherwise provided, such payment shall be in lieu o f any and all
rights o f action whatsoever against any person whomsoever.
1. In case o f total disability adjudged to be permanent sixty-six Permanent toand two-thirds per centum o f the average weekly wages shall b e tal disability,
paid to the employee during the continuance o f such total dis
ability, not to exceed a maximum o f eighteen dollars per week
and not less than a minimum o f eight dollars per week, unless
the employee’s established weekly wages are less than eight dollars
per week at the time o f the injury, in which event he shall receive
compensation in an amount equal to his average weekly wages,
but not to exceed a total o f $5,000. Loss, or loss o f use o f both
hands, or both arms, or both feet, or both legs, or both eyes, or
o f any two thereof, shall, in the absence o f conclusive proof to
the contrary, constitute permanent total disability. In all other
cases permanent total disability shall be determined in accordance
with the facts.
2. In case o f temporary total disability sixty-six and two-thirds Temporary to
per centum o f the average weekly wages shall be paid to the e m -tal disability,
ployee during the continuance thereof, but not to exceed a m axi
mum o f eighteen dollars per week and not less than a minimum
o f eight dollars per week, unless the employee’s established weekly
wages are less than eight dollars per week at the time o f the
injury, in which event he shall receive compensation equal to his
fu ll w ages; but in no case to continue more than six years from
the date o f the injury or to exceed thirty-seven hundred and fifty
dollars in the aggregate.
3. In case o f disability partial in character but permanent in Permanent paiquality the compensation shall be sixty-six and two-thirds pertlai disability,
centum o f the average weekly wages, in no case to exceed eighteen
dollars per week and not less than a minimum o f eight dollars per
week, unless the employee’s established weekly wages are less than
eight dollars per week at the time o f the injury, in which event
he shall receive compensation equal to his fu ll wages, but in no
case to exceed more than thirty-seven hundred and fifty dollars
in the aggregate, and shall be paid to the employees for the period
named in the schedule, as fo llo w s :
Thumb— F or the loss o f a thumb, fifty weeks.
First finger— For the loss o f a first finger, commonly called the
index finger, thirty weeks.
Second finger— For the loss o f a second finger, twenty-five weeks.
Third finger— F or the loss o f a third finger, twenty weeks.

Fourth finger—For the loss of a fourth finger, commonly called
the little finger, fifteen weeks.

The loss o f the second or distal phalange o f the thumb shall be
considered to be equal to the loss o f one-half o f such th u m b; the
loss o f more than one-half o f such thumb shall be considered to be
equal to the loss o f the whole thum b; the loss o f the third or
distal phalange o f any finger shall be considered to be equal to
the loss o f one-third o f such finger. The loss o f the middle or
second phalange o f any finger shall be considered to be equal to
the loss o f two-thirds o f such finger. The loss o f more than the
middle and distal phalange o f any finger shall be considered to be
equal to the loss o f the whole o f such fin ger: P r o v i d e d , h o w e v e r ,
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.
Great toe— F or the loss o f a great toe, twenty-five weeks.
Other toes— For the loss o f one o f the toes, other than the
great toe, ten weeks.
Hand— For the loss o f a hand, one hundred and fifty weeks.
A r m — F or the loss o f an arm, tw o hundred weeks.
Foot— For the loss o f a foot, one hundred and fifty weeks.

W O R K M E N ’ s CO M PENSATIO N LAW S OF T H E U N IT E D STATES.

Leg— For the loss o f a leg, one hundred and seventy-five weeks.
Eye— For the loss o f an eye, one hundred weeks.
Hearing— For the total loss o f hearing o f one ear, fifty w eeks;
for the total loss o f hearing o f both ears, one hundred weeks.
Loss o f use— Permanent loss o f 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, and for the loss o f the fractional
part o f the vision o f either one or both eyes, the injured employee
shall be compensated in like proportion to the compensation for
total loss o f vision, and in arriving at the fractional part o f vision
lost regard shall not be had for the effect that correcting lens or
lenses may have upon the eye or eyes.
Amputations— Amputation between the elbow and the wrist
shall be considered as the equivalent o f the loss o f a hand.
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. Amputation
at or above the knee shall be considered as the loss o f the leg.
The compensation for the foregoing specific injuries shall be
paid in addition to, and consecutively with, the compensation
hereinbefore provided in subsection 2 o f this section.
I f an employee dies, the right to any compensation payable
under this subsection, unpaid at the date o f his death, shall sur
vive to and vest in his personal representatives.
Other cases— In all other cases in this class o f disability the
compensation shall be fifty per centum o f the difference between
his average weekly wages and his wage-earning capacity there
after in the same employment or otherwise, if less than before
the accident (but not to exceed eighteen dollars per w eek), pay
able during the continuance o f such partial disability, but not
to exceed three thousand dollars, and subject to reconsideration
o f the degree o f such impairment by the commission on its own
motion or upon application o f any party in interest.
In all cases where there has been an amputation o f a part o f
any member o f the body herein specified, or the loss o f the use
o f any part thereof, for which compensation is not specifically
provided herein, the commission shall allow compensation for
such proportion of the total number o f weeks allowed for the
amputation or the loss o f the use o f the entire member as the
affected or am putated portion thereof bears to the whole.
Disfigurements— For other mutilations and disfigurements, not
hereinbefore provided for, compensation shall be allowed in the
discretion o f the commission, for not less than ten weeks nor
more than one hundred weeks, as the commission may fix, in
each case having due regard to the character o f the mutilation
and disfigurement as compared with mutilation and injury here
inbefore specifically provided for.
Temporary par4. In case o f temporary partial disability, except the particular
t ia l d i s a b ilit y ,
cases mentioned in subdivision three o f this section, an injured
employee shall receive fifty per centum o f the difference between
his average weekly wages and his wage-earning capacity there
after in the same employment or otherwise, if less than before
the accident, but not to exceed eighteen ($18) dollars per week,
during the continuance o f such partial disability, but not in excess
o f three thousand five hundred dollars, except as otherwise pro
vided in this article.
In case the injury causes death within the period o f three
years, the benefits shall be in the amounts and to the persons
fo llo w in g :
I f there be no dependents, the disbursements shall be limited
to the expense provided for in section thirty-seven hereof.
D e p e n d e n ts.
i f there are w holly dependent persons at the time o f death,
the payment shall be sixty-six and two-thirds per cent o f the
average weekly wages, not to exceed, however, a maximum of
eighteen dollars per week, and not less than a minimum o f
eight ($8) dollars per week, unless the deceased employee’s estab
lished weekly wages were less than eight dollars per week at the

TE X T OF LA W S— M ARYLAND.

time o f injury, in which event the compensation shall be an
amount equal to the average weekly wages, and to continue
for the remainder o f the period between the date o f death and
fou r hundred and sixteen weeks after the date o f injury, and
not to amount to more than a maximum o f five thousand dollars,
nor less than a minimum o f one thousand dollars.
I f there are no w holly dependent persons at the time o f the
death, but are partly dependent persons, those partly dependent
shall receive compensation as follow s: The weekly payments to
such dependents shall be in an amount not exceeding sixty-six
and two-thirds per centum o f the average weekly wages or
eighteen ($18) dollars per week, but may, in the discretion o f
the commission, be for a less amount per week and to continue
for all or such portion o f the period o f fou r hundred and sixteen
weeks after the date o f the injury, as the commission in each
case may determine, and not to amount to more than a maximum
o f three thousand dollars.
The follow ing persons shall be presumed to be w holly dependent
fo r support upon a deceased em ployee: A w ife or invalid husband
( “ in v a lid ” meaning one physically or mentally incapacitated
from earning), a child or children under the age o f sixteen years
(or over said age if physically or mentally incapacitated from
earning) living with or dependent upon the parent at the time
o f the injury or death.
In all other cas^s, questions o f dependency, in whole or in
part, shall be determined in accordance with the facts in each
particular case existing at the time o f the injury resulting in
death o f such employee, but no person shall be considered as de
pendent unless such person be a father, mother, grandfather,
grandmother, stepchild or grandchild, or brother or sister o f the
deceased employee, including those otherwise specified in this
section.
The right to any compensation payable to a n y dependent and
unpaid at the date o f death o f any such dependent shall survive
to and be vested in the surviving dependents, u s the commission
may determine, if there be such surviving dependents, and i f
there be none such, then the compensation shall cease.
Compensation under this article to alien dependent widows, A lien a ,
children, and parents, not residents o f the United States, shall
be the same in amount as is provided in each case for residents,
except that at any time within one year after an accident result
ing in death the commission may in its discretion convert any
payments thereafter to become due to such beneficiaries into a
lump-sum payment, not in any case to exceed twenty-four hundred
dollars, by paying a sum equal to three-fourths o f the then value
o f such payments.
Nonresident alien dependents may be officially represented by
the consular officers o f the nation o f which such alien or aliens
may be citizens or subjects, arid in such cases the consular officers
shall have the right to receive, for distribution to such nonresident
alien dependents, all compensation awarded hereunder, and the
receipt o f such consular officers shall be a fu ll discharge o f all
sums paid to and received by them.
[Section 87 is amended by ch. 456, Acts o f 1920, by adding arti- Medical aid,
ficial hands, arms, feet, and legs to the specific articles to b e etc*
furnished if required by the commission, the cost o f all such medi
cal, etc., treatment not to exceed $300. The allowance fo r funeral
costs is advanced from $75 to $125, and “ any bill fo r funeral
expenses contracted for an amount in excess o f one hundred and
twenty-five dollars shall be null and void and uncollectible, either
out o f the compensation allowed or out o f the personal assets o f
those obligating themselves to pay, unless and until said bill is
approved by the commission.”
Section 39 is amended so as to read as fo llo w s :]
Sec. 39 (as amended by ch. 456, Acts o f 1920). When an em- Application,
ployee is entitled to compensation under this act he shall file with
the commission his application and the report o f the physician,

w o r k m e n ’ s c o m p e n s a t io n l a w s oe t h e u n it e d s t a t e s .

provided he was attended by a physician o f his own selection,
within thirty days after the beginning o f his disability, for which
compensation is claimed, and failure to do so unless excused by
the commission, either on the ground that the insurance carrier
or the employer has not been prejudiced thereby, or for some other
sufficient reason, shall be a bar to any claim under this act.
When death results from injury the parties entitled to compen
sation under this act, or some one in their behalf, shall make
application fo r the same to the commission within one year from
the date o f death, which application must be accompanied with
proof o f death and proof o f relationship [showing the parties to be
entitled to compensation], under this act, certificates o f attending
physician, if attended by a physician, and such other p roof as may
be required by the rules o f the commission.
[Section 43 is amended by ch. 456, Acts o f 1920, by giving a
widow, on remarriage, compensation fo r one year thereafter, if
so much remains outstanding. The last paragraph, which w as a
mere repetition o f part o f the first, is stricken out.
Section -44 is amended by substituting the w ords “ United
States ” for the w ord “ State ” where it occurs.
Sections 49 and 51 are amended so as to read as fo llo w s :]
W aiting time.
Sec. 49 (as amended by ch. 456, Acts o f 1920). No compensa
tion shall be allowed for three days after the beginning o f dis
ability except disbursements herein authorized for medical, nurse,
and hospital services and medicines and for funeral expenses.
Lump sums.
S e c . 51 (as amended by ch. 456, Acts o f 1920). In every case
providing for compensation to an employee or his dependent, ex
cepting tem porary disability, the commission may, if in its opinion
the facts and circumstances o f the case warrant it, convert the
compensation to be paid in a partial or total lump sum.
[ Section 58 is amended so as to read as fo llo w s : ]
L i a b i l i t y of
S e c . 58 (as amended by ch. 303, Acts o f 1922). W here the injury
third parties.
or (jeath for which compensation is payable under this article was
caused under circumstances creating a legal liability in some per
son other than the employer to pay damages in respect thereof,
the employee, or in the case o f death, his personal representatives
or dependents, as hereinbefore defined, may proceed either by law
against that other person to recover damages or against the em
ployer for compensation under this article, or in case o f join t
tort feasors against both; and if compensation is claim ed and
awarded or paid under this article, any employer, if he is selfinsured, insurance company, association, or the State accident
fund may enforce fo r their benefit, as the case may be, the liabil
ity o f such other person: P r o v i d e d , h o w e v e r , I f damages are
recovered in excess o f the compensation already paid or awarded
to be paid under this article, and also any payments made for
medical or surgical services, funeral expenses, or fo r any o f the
other purposes enumerated in section 37 o f this article, then any
such excess shall be paid to the injured employee, or in case o f
death to his dependents, less the expenses and costs o f action
incurred by the employer, insurance company, association, or
State accident fund, as the case may be. I f any such employer,
insurance company, association, or State accident fund shall not,
within two months from the passage o f the award o f this commis
sion, start proceedings to enforce the liability o f such other per
son, the injured employee, or in case o f death his dependents, may
enforce the liability o f such other person: P r o v i d e d , h o w e v e r ,
That if damages are recovered the injured employee, or in case o f
death, his dependents, may first retain therefrom the expenses and
costs o f action for [after?] which the employer, insurance com
pany, association, or the State accident fund, as the case may be,
shall be reimbursed fo r the compensation already paid or awarded,
and any amount or amounts paid fo r medical or surgical services,
funeral expenses, or fo r any o f the other purposes enumerated in
section 37 o f this article, and the balance in excess o f these items
shall inure to the injured employee, or in case o f death, to his

TE X T OE LA W S— M ARYLAND,

dependents, and the amount thus received by the injured em
ployee, or in case o f death by his dependents, shall be in lieu o f
any award that might otherwise have been made thereafter in the
same case under the provisions o f this article, and said case shall
thereupon be deemed to have been finally settled and closed.
[Section 62 is amended by ch. 456, Acts o f 1920, by adding a
new paragraph, as follow s:
“ (e) That there has been no prejudice caused by failure to file
claims within thirty (30) d a y s /’
Section 63 is last amended by ch. 529, Acts o f 1922. Subsec
tions 3 and 10 now read as fo llo w s :]
Subsec. 3. “ Employee ” means a person who is engaged in an
extrahazardous employment in the service o f an employer, carry
ing on or conducting the same upon the premises or at a plant,
or in the course o f his employment away from the plant o f his
employer, and shall not include farm laborers. “ Farm laborers,”
as used in this article, shall mean any employees who, at the
time o f the accident, are engaged in rendering any agricultural
service, including the threshing or harvesting o f crops, or who,
at the time o f the accident, are engaged in service incidental
to and in connection with agricultural pursuits or developments,
whether the employer be the farm er or other person undertaking
or contracting with the farm er to perform any such agricultural
service, pursuit, or development. This article shall not apply
to farm laborers, domestic servants, nor to country blacksmiths,
wheelwrights, or similar rural employments, unless these em
ployments elect to come under this article as provided in section
33, nor in any case where the accident occurred before this
article takes effect, nor to casual employees, or any employee
whose salary is in excess o f tw o thousand dollars a year, or any
employees who are employed w holly without the State. But fo r
all purposes o f this article casual, occasional, or incidental em
ployment outside o f this State by the Maryland employer o f an
employee or employees regularly employed by said employer
within this State shall be construed to be employment within
this State: P r o v i d e d , h o w e v e r , I f an employee or the dependents
o f an employee shall receive compensation or damages under
the laws o f any other State, nothing herein contained shall be
construed so as to permit a total compensation for the same in
ju ry greater than is provided for in this article.
10. The term “ child ” and “ children ” shall include posthumous
children and adopted children, whether members o f the deceased
employee’s household at the time o f his accident or death or
not, and shall also include stepchildren, illegitimate children,
and other children, if such stepchildren, illegitimate children,
and other children were members o f the household o f the decedent
at the time o f the accident or death and had received contribu
tions toward their support from such deceased employee during
any part o f the six months immediately preceding the accident
or death.

Presumptions.

“ Employee.”

“ Child.”

MASSACHUSETTS.
[The compensation law o f this State was amended by Acts o f
1920, 1921, and 1922. The changes made are as fo llo w s :
Part II, section 5, is amended by ch. 324, Acts o f 1920, by add
ing the follow ing sentence:]
Artificial mem
“ In any case where the board is o f opinion that the fitting o f
bers.
the employee with an artificial eye or limb or other mechanical
appliance will promote his restoration to industry, it may order
that he be provided with such an artificial eye, limb, or appliance
at the expense of the insurer.”
[Part II, section 6, is amended so as to read as fo llo w s :]
Death benefits.
Sec. 6 (as amended by ch. 402, Acts o f 1922). If death results
from the injury, the insurer shall pay the follow ing dependents
o f the employee, wholly dependent upon his earnings for support
at the time o f his injury, compensation as fo llo w s : To the widow,
so long as she remains unmarried, sixteen dollars a week if and
so long as there are more than two children o f the employee who
are under the age o f eighteen or over said age and physically or
mentally incapacitated from earning, fourteen dollars a week if
and so long as there are two such children, twelve dollars a week
if and so long as there is one such child, and ten dollars a week
if and so long as there is no such c h ild ; and, if the w idow dies,
to such children in equal shares, sixteen dollars a week if and
so long as there are more than three such children, fourteen
dollars a week if and so long as there are three such children,
twelve dollars a week if and so long as there are two such chil
dren, and ten dollars a week if and so long as there is one such
c h ild ; but, if such widow remarries, the aforesaid payments to
her shall terminate, and the insurer shall pay each week to each
o f such children, if and so long as there are more than five, his
or her proportionate part o f sixteen dollars, and shall pay to
each o f such children, if and so long as there are five or less,
three dollars a week. The period covered by the payments pro
vided for by the foregoing provisions o f this section shall not be
longer than four hundred weeks. When weekly payments have
been made to an injured employee before his death, the com
pensation under the foregoing provisions o f this section shall
begin from the date o f the last o f such payments but shall not
continue more than fou r hundred weeks from the date o f the
injury.
In all other cases o f total dependency the insurer shall pay the
dependents o f the employee w holly dependent upon his earnings
for support at the time o f injury a weekly payment equal to twothirds o f his average weekly wages, but not more than ten dollars
nor less than four dollars a week for a period o f five hundred
weeks from the date o f the in ju ry ; but in no case shall the
amount be more than fou r thousand dollars. I f the employee
leaves dependents only partially dependent upon his earnings for
support at the time o f his injury, the insurer shall pay such
dependents a weekly compensation equal to the same proportion
of the weekly payments for the benefit o f persons w holly de
pendent as the amount contributed by the employee to such par
tial dependents bears to the annual earnings o f the deceased at
the time o f his injury. When weekly payments have been made
to an injured employee before his death, the compensation under
this paragraph to dependents shall begin from the date o f the last
o f such payments, but shall not continue more than five hundred
weeks from the date o f the injury.

TEXT OF LAWS— MASSACHUSETTS.

[Part II, section 8, is amended by ch. 368, Acts o f 1922, by
making the allowance for burial expenses $150 instead o f $100.
Part II, section 18, is amended by ch. 223, Acts o f 1920, by
adding at the end the words “ or if it is found that the insurer
was not prejudiced by such want o f notice.”
Section 23 is
amended by the same act by adding the words “ or if it is found
that the insurer was not prejudiced by the delay.”
Part II, section 19, is amended so as to read as fo llo w s :]
Medical
Sec. 19 (as amended by ch. 310, Acts o f 1921). A fter an nations.
employee has received an injury, and from time to time thereafter
during the continuance o f his disability, he shall, if requested by
the insurer or insured, submit to an examination by a regis
tered physician furnished and paid for by the insurer or the
insured. The employee may have a physician provided and paid
for by himself present at the examination. I f a physician pro
vided by the employee is not present at the examination, it shall
be the duty o f the insuaer to file with the department a copy o f
the report o f its examining physician or physicians if and when
such report is to be used as the basis o f any order by the depart
ment. I f the employee refuses to submit to the examination or
in any way obstructs it, his right to compensation shall be sus
pended and his compensation during the period o f suspension may
be forfeited.
[Part III, section 1, is amended by ch. 537, Acts o f 1922, by
making the industrial accident board consist o f “ seven members,
one o f whom shall be a woman.” ]

exami

MICHIGAN,
[The compensation law o f this State was amended by three
acts o f 1921. Another act (No. 43) transfers the administration
o f the law from the industrial accident board to a newly created
department o f labor and industry, administered by a commission
o f three members, appointed by the governor, each to “ hold office
until the appointment and qualification o f his successor.”
Part I, section 7, is amended and a new section 10 added, as
fo llo w s :]
Who are emS e c . 7 (as amended by No. 173, Acts df 1921). The term “ em
ployees.
ployee ” as used in this act shall be construed to m ea n :
1. Every person in the service o f the State, or o f any county,
city, township, incorporated village, or school district therein,
under any appointment, or contract o f hire, express or implied,
oral or written, except any official o f the State, or o f any county,
city, township, incorporated village, or school district therein,
elected at the p o lls : P r o v i d e d , That one employed by a contractor
who has contracted with a county, city, township, incorporated
village, school district, or the State, through its representatives,
shall not be considered an employee o f the State, county, city,
township, incorporated village, or school district which made the
contract, when such contractor is subject to this a c t: P r o v i d e d ,
h o w e v e r , That policemen or firemen or employees o f the police or
fire departments, or their dependents, in municipalities or villages
o f this State having charter provisions prescribing like benefits,
may waive the provisions o f this act and accept in lieu thereof
such like benefits as are prescribed in such charter, but shall not
be entitled to like benefits from b o th : A n d p r o v i d e d f u r t h e r , That
nothing contained in this act shall be construed as limiting,
changing, or repealing any o f the provisions o f any charter o f any
m unicipality or village o f this State relating to any benefits, com
pensation, pensions, or retirement, independent o f this act, pro
vided for employees as hereinbefore defined.
2. Every person in the service o f another, under any contract
o f hire, express or implied, including aliens (including working
members o f partnerships, receiving wages irrespective o f profits
from such), and also including minors who are legally permitted
to work under the laws o f the State, who, for the purpose o f this
act, shall be considered the same and have the same power to
contract as adult employees.
Contractors
S e c . 10 (added by No. 173, Acts o f 1921). (a ) W here any emand subcontrac-ployer subject to the provisions o f this act (in this section retors*
ferred to as the principal) contracts with any other person (in
this section referred to as the contractor) who is not subject to
this act and who does not become subject to this act prior to the
date o f the accidental injury or death for which claim is made for
the execution by or under the contractor o f the whole or any part
o f any work undertaken by the principal, the principal shall be
liable to pay to any workman employed in the execution o f the
w ork any compensation under this act which he would have been
liable to pay if that workman had been immediately employed by
h im ; and where compensation is claimed from or proceedings are
taken against the principal, then, in the application o f this act,
reference to the principal shall be substituted for reference to the
employer, except that the amount o f compensation shall be calcu
lated with reference to the earnings o f the workman under the
employer by whom he is immediately em ployed: P r o v i d e d , That
the term “ contractor ” shall be deemed to include subcontractors

TEXT OF LAW S---- MICHIGAN,

in all cases where the principal gives permission that the work or
any part thereof be performed under su bcontract;
(b ) W here the principal is liable to pay compensation under
this section he shall be entitled to be indemnified by the con
tractor or subcontractor as the case may be, but the employee
shall not be entitled to recover at common law against the con
tractor or any other person for any damages arising from such
injury if he takes compensation from such principal. The prin
cipal, in case he pays compensation to the employee o f such con
tractor, may recover the amount so paid in an action against such
contractor.
[P art II, section 8, is amended so as to read as fo llo w s :]
Death benefits.
S e c . 8 (as amended by No. 173, Acts o f 1921). I f death results
from the injury, the employer shall pay, or cause to be paid as
hereinafter provided, in addition to the indemnity paid to depend
ents, the reasonable expense o f his last sickness and burying,
which shall not exceed two hundred dollars, in addition to any
sum the employer may be required to pay under the provisions o f
section four o f part two o f this act.
Disability.
[Part II, section 9, is amended by No. 173, Acts o f 1921, by
making the maximum compensation in cases o f total disability
$7,000 instead o f $6,000.
Part II, section 13, is amended by No. 173, Acts o f 1921, by add
ing thereto the words, “ except as provided in subsection one o f
section seven, part one.”
Part II, section 20, is amended so as to read as fo llo w s :]
Waiver.
S e c . 20 (as amended by No. 173, Acts of 1921). No agreement
by an employee to waive his rights to compensation under this
act shall be valid except that employees or their dependents as
defined in subsection one o f section seven, part one, may, after
injury only, elect as provided in subsection one o f section seven,
part one.
[Part III, sections 3, 6, 7, 10, 11, 14, and 20 are amended by
A ct No. 60, and a new section 19 is added by Act No. 173, Acts o f
1921, so as to read as follo w s :]
Power
o#
S e c . 3 (as amended by No. 60, Acts o f 1921). The board may
make rules not inconsistent with this act for carrying out the pro board.
visions of the act. Process and procedure under this act shall be
as summary as reasonably may be. The board or any member
thereof shall have the power to administer oaths, subpoena w it
nesses, and to examine such parts o f the books and records of the
parties to a proceeding as relate to questions in dispute. Any
witness who refuses to obey a subpoena o f a member or deputy
member o f the board, or who refuses to be sworn or testify, or
who fails to produce any papers, books, or documents touching any
matter under investigation, or any witness, party, or attorney who
is guilty o f any contempt while in attendance at any hearing held
under this act may be punished as for contempt o f c o u r t; and for
this purpose an application may be made to any circuit court
within whose territorial jurisdiction the offense is committed, and
for which purpose the court is hereby given jurisdiction.
S e c . 6 (as amended by No. 60, Acts o f 1921). I f the employer,
Hearings.
or insurance company carrying such risk, or the commissioner
o f insurance, as the case may be, and the employee fail to reach
an agreement in regard to compensation under this act, either
party may notify the industrial accident board, who shall there
upon set the case for hearing. The hearing shall be conducted by
a member or deputy member o f the industrial accident bohrd.
Disputes.
S e c . 7 (as amended by No. 60, Acts of 1921). It shall be the
duty o f the industrial accident board, upon notification that the
parties have failed to reach an agreement, to designate one o f its
members or deputy members to hear the case. The member or
deputy member so designated shall be known as a committee o f
arbitration wherever the phrase “ committee of arbitration ” is
used in the act.

w o r k m e n ’ s c o m p e n s a t io n l a w s

u n it e d s t a t e s .

Sec. 10 (as amended by No. 60, Acts o f 1921). The cost o f such
arbitration, including the cost o f taking stenographic notes o f the
testimony presented at such hearing, not exceeding, however, the
taxable costs allowed in suits at law in the circuit courts o f this
State, shall be fixed by the board and paid by the State as the
other expenses o f the State are paid. The fees and payment
thereof o f all attorneys and physicians for services under this act
shall be subject to the approval of the industrial accident board.
In the event o f disagreement between the parties as to the fees
for services o f attorneys and physicians, either party may apply
to the board for a hearing in accordance with the terms o f section
fourteen, part three, o f the act.
Review of de^ ec.
( as amen(ie(i b y No. 60, Acts o f 1921). I f a claim fo r
cisions!GW ° e review is filed, as provided in part three, section eight, the indus
trial accident board shall promptly review the decision o f the
committee o f arbitration, and such records as may have been kept
o f its hearing, and shall also, if desired, hear the parties, together
with such additional evidence as the board in its discretion may
allow them to submit, and file its decision therein with the records
o f such proceedings. Such review and hearing may be held in its
offices at Lansing, or elsewhere, as the board shall deem advisable.
Re iew of a
Sec. ^ ^as amen(^e^ b y No. 60, Acts o f 1921). Any weekly pay
ments?^ ° pay ment under this act may be reviewed by the industrial accident
board, or by any member or deputy member thereof, at the request
o f the employer, or insurance company carrying such risk, or the
commissioner o f insurance, as the case may be, or the employee,
and on such review it may be ended, diminished, or increased,
subject to the maximum and minimum amounts above provided, i f
the board or member or deputy member finds that the facts w ar
rant such a ctio n : P r o v i d e d , h o w e v e r , That when such review is
made by a member or deputy member it shall be conducted in
accordance with the procedure covering arbitration hearings, set
forth in sections six, seven, and eight o f part three, and either
party may appeal from the decision o f the member or deputy
member to the full board within ten days from the filing o f the
decision with the industrial accident board. The costs o f such
proceedings, when heard before a member or deputy member,
shall be paid in accordance with section ten, part three, hereof.
injuries outside Sec. 19 (added by No. 173, Acts o f 1921). The industrial accistate.
dent board shall have jurisdiction over all controversies arising
out o f injuries suffered without the territorial lim its of 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.
Deputies.
Sec. 20 (as amended by No. 60, Acts o f 1921). The board may,
subject to the approval o f the State administrative board, appoint
sufficient deputy members to enable it efficiently to administer the
law, who shall hold office during its pleasure. Such deputy mem
bers shall take and subscribe the constitutional, oath o f office, have
power to administer oaths, certify official acts, take depositions,
issue subpoenas to compel the attendance o f witnesses and the
production o f books, accounts, and papers, and under the direction
o f the board any such deputy member may conduct an investiga
tion, inquiry, hearing, or arbitration in the same manner and with
like effect as if done by a member o f the board. The salary o f
each such deputy member shall be fixed by the board, subject to
the approval o f the State administrative board.
[Part V is amended by adding a new section thereto, as
fo llo w s : ]
Transfer of acSec. 14 (added by No. 180, Acts o f 1921). The duties and powers
eident fund.
o f the commissioner of insurance in respect o f the administration
o f the accident fund created in this part are hereby transferred
to and vested in the State administrative board, and whenever
reference is made in this part to the commissioner o f insurance
such reference shall hereafter be taken to mean the State adminFees,

etc.

of t h e

TEXT OE LAWS— M ICHIGAN.

lstrative board. The securities belonging to such fund and all
investments or reinvestments thereof, shall be under the control
and management o f such b o a rd ; and the provisions in section two
hereof with respect to the giving o f a bond are hereby repealed.
The State administrative board, subject to the approval o f the
advisory board created by section twelve, shall appoint and em
ploy a manager for the accident fund, who shall give a bond to
the State in the sum o f ten thousand dollars, conditioned upon
the faithful performance o f his duties, and the accounting for
all collections and disbursements made by him. Such manager
shall perform such duties under this part as the State adminis
trative board shall direct.

MINNESOTA.
ACTS OF 1921.
C hapter

82. —

C o m p e n s a tio n

o f w o r k m e n

fo r

in ju r ie s .

[This act supersedes and repeals the form er compensation stat
ute o f this State, ch. 467, Acts o f 1913, from which, however, it
borrows many provisions. The new* act was amended by ch.
423, Acts o f 1921. It is here printed in its amended fo r m :]
P a r t 1.
C O M P E N S A T IO N

A C T IO N

LAW .

L i a b i l i t y of
S e c t i o n 1. When personal injury or death is caused to an
e m p l o y e r f or empi0yee by accident arising out o f and in the course o f his emdamages.
ployment, o f which injury the actual or law fully imputed negli

gence o f the employer is the natural and proximate cause, he,
or, in the case o f death, his personal representative, fo r the ex
clusive benefit o f the surviving spouse and next o f kin, shall
receive compensation by w ay o f damages therefor from his em
ployer: P r o v i d e d , The employee was himself not w illfu lly negli
gent at the time o f receiving such in ju ry ; and the question o f
whether the employee was w illfully negligent shall be one o f
fact to be submitted to the jury, subject to the usual powers o f
the court over verdicts rendered contrary to the evidence, or
to law.
Certain defenses
S e c . 2. In all cases brought under part 1 o f this act it shall
excluded.
not be a defense (a ) that the employee was negligent, unless
and except it shall also appear that such negligence was w illfu l;
(b ) that the injury was caused by the negligence o f a fellow
em ployee; (c ) that the employee has assumed the risks inherent
in, or incidental to the work, or arising out o f and in the course
o f his employment from the failure o f the employer to provide
and maintain safe premises and suitable appliances, w hich
grounds o f defense are hereby abolished except as provided in
section 4.
When defenses
S e c . 3. I f the employer elects not to come under part 2 o f ’
excluded.
this act, he loses the right to interpose the three defenses named
in section 2 in any action brought against him for personal in
ju ry or death o f an em ployee: P r o v i d e d , That this section shall
not be held to apply to any employer o f farm labor, whether or
not he has elected to accept part 2 o f this act.
When defenses
S e c . 4. I f the employer becomes subject to part 2 o f this act and
available.
the employee does not, then the employer may set up such de
fenses as are available at the time o f the passage o f this act.
Death claims.
S e c . 5. The provisions o f sections 1, 2, 3, and 4 shall apply
to any claim for the death o f an employee arising under section
4503 o f chapter 84, Revised Law s o f Minnesota, 1905, and the acts
or parts o f acts amendatory thereof, concerning death by wrong
ful act.
B u rd e n of
S e c . 6. In all actions at law brought pursuant to part 1 of
proof.
this act^ the purden 0f proof to establish w illful negligence of
the injured employee shall be upon the defendant.
Legal services,
when lien.

Sec. 7. No claim for legal services or disbursements pertaining
to any demand made or suit or proceeding brought under the
provisions of this act shall be an enforceable lien against the
amount paid as compensation, or be valid or binding in any other

TEXT OF LAWS— MINNESOTA.
respect, unless the same be approved in w riting by the judge
presiding at the trial, or in case o f settlement without trial, by
a judge o f the district court, or in cases arising under part 2
o f this act by the industrial com m ission: P r o v i d e d , That if notice
in w riting be given the defendant o f such claims for legal serv
ices or disbursements, the same shall be a lien against the
amount paid as compensation, subject to determination o f the
amount and approval hereinbefore provided. A ll sums allowed Medical
as liens against such compensation or paid for legal, medical, ices, when
and hospital services, and other disbursements arising under
part 2 o f this act, shall be reported by the employee to the indus
trial commission in w riting within ten days after such payment.

servlien,

P a r t 2.
E L E C T IV E

C O M P E N S A T IO N .

S e c t i o n 8. This act shall not be construed or held to apply to
E m p loy m en ts
any common carrier by steam railroad, domestic servants, farm la -excludedborers, or persons whose employment at the time o f the injury Farmer m a y
is casual, and not in the usual course o f the trade, business, p r o -electfession, or occupation o f his em ployer: P r o v i d e d , That part 2 o f
this act shall apply to farm labor if the employer shall have
elected to accept the provisions o f such part 2 by posting a written
or printed statement o f his election and filing a duplicate thereof
w ith the industrial commisssion as provided by section 11 o f this
act, not less than thirty (30) days before the accident occurs to
an employee, fo r which damages or compensation may be claimed,
unless the employee shall signify his election, as provided by
section 11 o f this act, not to accept or be bound by the pro
visions o f this act, in w hich case said part 2 shall not ap ply:
A n d p r o v i d e d f u r t h e r , That either party may terminate his ac
ceptance or election not to accept the provisions o f part 2 o f this
act as provided by section 12 hereof.
S e c . 9. I f both employer and employee shall, by agreement
Agreement to
expressed or implied, or otherwise, as herein provided, becom ebe subject to
subject to part 2 o f this act, compensation according to t h e part 2*
schedules hereinafter contained shall be paid by every such em
ployer, in every case o f personal injury or death o f his employee,
caused by accident, arising out o f and in the course o f employ
ment, w ithout regard to the question o f negligence, except acci- i n j u r i e s ex
dents which are intentionally self-inflicted or when the in tox ica -cludedtion o f such employee is the natural or proxim ate cause o f the
injury, and the burden o f proof o f such fa ct shall be upon the
employer. It is hereby made the duty o f all such employers to
commence payment o f compensation at the time and in the manner
prescribed by part 2 o f this act without the necessity o f any
agreement or order o f the commission, payments to be made at the intervals when the wage w as payable as nearly as may be.
No agreement by any employee or dependent to take as compensa
tion an amount less than that prescribed by law shall be valid.
S e c . 10. Such agreement or the election hereinafter provided
Surrender
ot
fo r shall be a surrender by the parties thereto o f their r ig h tsother rights,
to any other method, form , or amount o f compensation or deter
mination thereof than as provided in part 2 o f this act,, and an
acceptance o f all the provisions o f part 2 o f this act, and shall
bind the employee himself, and fo r compensation fo r his death
shall bind his personal representative, the surviving spouse and
the next o f kin, as w ell as the employer, and those conducting his
business during bankruptcy or insolvency, fo r compensation fo r
death or injury, as provided fo r by part 2 o f this a c t
S e c . 11. A ll contracts o f employment made after the taking Presumption as
effect o f this act shall be presumed to have been made w ith r e f-t0 acceptance,
erence, and subject to the provisions o f part 2, unless otherwise
expressly stated in the contract in writing, or unless written or
printed notice has been given by either party to the other, as

32860°— 23------ 6

WORKMEN’ S COMPENSATION LAWS OF THE UNITED STATES,

Election not to
accept.

Notices.

Termination of
election.

Minors.

hereinafter provided, that he does not accept the provisions o f
part 2. E very employer and every employee is presumed to have
accepted and come under part 2 hereof unless thirty (30) days
prior to accident he shall have signified his election not to accept
or be bound by the provisions o f part 2. This election not to ac
cept part 2 shall be by notice as fo llo w s :
The employer shall post and keep posted in his shop or place
o f business a written or* printed notice o f his election not to be
bound by part 2 hereof and file a duplicate thereof w ith the in
dustrial com m !ssion.
The employee shall give written or printed notice to the em
ployer o f his election not to be bound by part 2, and file a dupli
cate with affidavit o f service attached thereto with, the industrial
commission.

Sec. 12. Either party may. terminate his acceptance or his elec
tion not to accept the provisions of part 2 by thirty (30) days’
written notice to the other, such notice to be given as provided
in section 11. A duplicate of such notice with affidavit of service
attached thereto shall be filed with the industrial commission
and the time shall not begin to run until the notice is so filed.

S e c . 13. Minors who are permitted to w ork by the laws o f this
State shall, fo r the purpose o f part 2 o f this act, have the same
power to contract, make election o f remedy, make settlements,
and receive compensation as adult em ployees; subject, however,
to the power o f the industrial commission in its discretion at
any time to require the appointment o f a guardian to make such
settlement and to receive moneys thereunder or under an award.
Temporary to
S e c . 14. Following is the schedule o f com pensation: (a ) F or
tal disability.
injury producing temporary total disability, sixty-six and twothirds per centum o f the daily wage at the time o f injury, subject
to a maximum compensation o f eighteen ($18) dollars per week
and a minimum o f eight ($8) dollars per w eek: P r o v i d e d , That
i f at the time o f injury the employee receives wages o f eight ($8)
dollars or less per week, then he shall receive the fu ll amount
o f such wages per week. This compensation shall be paid during
the period o f such disability, not, however, beyond three hundred
(300) weeks, payment to be made at the intervals when the wage
w as payable, as nearly as may be.
Temporary par
(b ) In all cases o f tem porary partial disability the compensa
tial disability.
tion shall be sixty-six and two-thirds per centum o f the difference
between the daily wage o f the workman at the time o f injury
and the wage he is able to earn in his partially disabled condi
tion. This compensation shall be paid during the period o f such
disability, not, however, beyond three hundred (300) weeks, pay
ment to be made at the intervals wThen the wage was payable as
nearly as may be and subject to the same maximum as stated
in clause (a ).
(c ) F or the permanent partial disability from the loss o f a
Permanent par
tial disability.
member, the compensation during the healing period to be de
termined by the commission, but not exceeding fifteen weeks,
Healing period. shall be sixty-six and two-thirds per centum o f the difference be
tween the daily wage o f the workman at the time o f in ju ry and
the wages he shall be able to earn, if any, in his partially dis
abled condition, unless on application to the industrial commis
sion, made in the same manner as provided in section 19 fo r addi
tional medical service, the period is extended by the commission
for not to exceed an additional ten w eeks; and thereafter, and in
addition thereto, compensation shall be that named in the follow
ing schedule:
F or the loss o f a thumb, sixty-six and two-thirds per centum o f
Specific sched
ule.
the daily wage at the time o f injury during sixty (60) weeks.
F or the loss o f a first finger, commonly called index finger,
sixty-six and two-thirds per centum o f the daily wage at the time
o f injury during thirty-five (35) weeks.
For the loss o f a second finger, sixty-six and two-thirds per
centum o f the daily wage at the time o f injury during thirty (30)
weeks.

TEXT OE LAWS— MINNESOTA.
F or the loss o f a third finger, sixty-six and two-thirds per
centum o f the daily wage at the time o f injury during twenty
(20) weeks.
For the loss o f a fourth finger, commonly Called the little finger,
sixty-six and two-thirds per centum o f the daily wage at the time
o f in ju ry during fifteen (15) weeks.
The loss o f the first phalange o f the thumb, or o f any finger,
shall be considered equal to the loss o f one-half o f such thumb, or
finger, and Compensation shall be paid at the prescribed rate dur
ing one-half the time specified above for such thumb or finger.
The loss o f one and one-half or more phalanges shall be con
sidered as the loss o f the entire finger or th u m b: P r o v i d e d , h o w e v e r , That in no case shall the amount received fo r more than one
finger exceed the amount provided in this schedule for the loss o f
a hand.
For the loss o f a great toe, sixty-six and two-thirds per centum
o f daily wage at time o f injury during thirty (30) weeks.
F or the loss o f one o f the toes other than a great toe, sixty-six
and two-thirds per centum o f the daily wage at the time o f injury
during ten (10) 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 paid at the prescribed rate during one-half the time
specified above for such toe.
/
The loss o f one and one-half or more phalanges shall be consid
ered as the loss o f the efhtire toe.
F or the loss o f a hand, not including the w rist movement, sixtysix and two-thirds per centum o f the daily wage at the time o f
injury during one hundred and fifty (150) weeks.
For the loss o f a hand, including the wrist movement, sixty-six
and two-thirds per centum o f the daily wage at the time o f
injury during one hundred and seventy-five (175) weeks.
For the loss o f an arm, sixty-six and two-thirds per centum o f
the daily wage at the time o f injury during tw o hundred (200)
weeks.
Amputation o f the arm below the elbow shall be considered as
the loss o f a hand, including w rist movement, if enough o f the
forearm remains to permit the use o f an effective artificial mem
ber ; otherwise it shall be considered as the loss o f an arm.
F or the loss o f a foot, not including the ankle movement, sixtysix and two-thirds per centum o f the daily wage at the time o f
injury during one hundred and twenty-five (125) weeks.
For. the loss o f a foot, including ankle movement, sixty-six and
two-thirds per centum o f the daily wage at the time o f in ju ry
during one hundred and fifty (150) weeks.
For the loss o f a leg, if enough o f the leg remains to permit the
use o f an effective artificial member, sixty-six and two-thirds per
centum o f the dally wage at the time o f injury during one hun
dred and seventy-five (175) weeks.
F or the loss o f a leg so close to the hip that no effective arti
ficial member can be used, sixty-six and two-thirds per centum o f
the ..daily wage at the time o f injury during tw o hundred (200)
weeks.
Amputation o f the leg below the knee shall be considered as
loss o f foot, including ankle movement, if enough o f the low er leg
remains to permit the use o f an effective artificial m em ber; other
wise it shall be considered as loss of. leg.
F or the loss o f an eye, sixty-six and two-thirds per centum o f
the daily wage at the time o f injury during one hundred (100)
weeks.
F or complete permanent loss o f hearing in one ear, sixty-six
and two-thirds per centum o f the daily wage at the time o f in ju ry
during fifty-two (52) weeks.
F or the complete permanent loss o f hearing in both ears, sixtysix and two-thirds per centum o f the daily wage at the time o f
injury during one hundred and fifty-six (156) weeks.

w o r k m e n ’ s c o m p e n s a t io n l a w s of t h e u n it e d s t a t e s .

For serious disfigurement other than the loss o f a member, ma
terially affecting the employability o f the injured person, sixtysix and two-thirds per centum o f the daily wage at the time of
in ju ry during fifty (50) weeks.
F or the loss o f an eye and a leg, sixty-six and two-thirds per
centum o f the daily wage at the time o f in ju ry during three hun
dred and fifty (350) weeks.
F or the loss o f an eye and arm, sixty-six and two-thirds per
centum o f the daily wage at the time o f injury during three hun
dred and fifty (350) weeks.
For the loss o f an eye and a hand, sixty-six and two-thirds per
centum o f the daily wage at the time o f injury during three hun
dred and twenty-five (325) weeks.
For the loss o f an eye and a foot, sixty-six and two-thirds per
centum o f the daily wage at the time o f injury during three hun
dred (300) weeks.
F or the loss o f tw o arms other than at the shoulder, sixty-six
and two-thirds per centum o f the daily wage at the time o f
in ju ry during four hundred (400) weeks.
For the loss o f two hands, sixty-six and two-thirds per centum
o f the daily wage at the time o f injury during fou r hundred (400)
weeks.
F or the loss o f two legs, other than so close to the hips that no
effective artificial members can be used, sixty-six and two-thirds
per centum o f the daily wage at the time o f injury during fou r
hundred (400) weeks.
F or the loss o f two feet, sixty-six and two-thirds per centum o f
the daily wage at the time o f injury during fou r hundred (400)
weeks.
For the loss o f one arm and the other hand, sixty-six and twothirds per centum o f the daily wage at the time o f injury during
fou r hundred (400) weeks.
For the loss o f one hand and one foot, sixty-six and two-thirds
per centum o f the daily wage at the time o f injury during four
hundred (400) weeks.
F or the loss o f one leg and the other foot, sixty-six and twothirds per centum o f the daily wage at the time o f in ju ry during
fou r hundred (400) weeks.
For the loss o f one leg and one hand, sixty-six and two-thirds
per centum o f the daily wage at the time o f injury during four
hundred (400) weeks.
For the loss o f one arm and one foot, sixty-six and two-thirds
per centum o f the daily wage at the time o f injury during four
hundred (400) weeks.
For the loss o f one arm and one leg, sixty-six and two-thirds
per centum o f the daily wage at the time o f in ju ry during fou r
hundred (400) weeks.
•
Concurrent inW here an employee sustains concurrent injuries resulting in
juries.
concurrent disabilities he shall receive compensation only fo r the
injury which entitles him to the largest amount o f com pensation;
but this section shall not effect liability for serious disfigurement
m aterially affecting the employability o f the injured person or
liability fo r the concurrent loss o f more than one member, fo r
which members compensations are provided in the specific sched
ule and in subsection (e ) below.
In all cases o f permanent partial disability it shall be consid
ered that the permanent loss o f the use o f a member shall be
equivalent to and draw the same compensation as the loss o f that
m em ber; but the compensation in and by said schedule pro
vided shall be in lieu o f all other compensation in such cases
except as otherwise provided by this section.
Partial loss of
I n c a s e s o f permanent partial disability due to in ju ry to a
member.
member, resulting in less than total loss o f such member, not
otherwise compensated in this schedule, compensation shall be
paid at the prescribed rate during that part o f the time speci
fied in the schedule for the total loss o f the respective member
which the extent o f injury to the member bears to its total loss.

TEXT OF LAWS— MINNESOTA.

All the compensations provided in clause (c ) o f this section fo r
loss o f members or loss o f the use o f members are subject to the
same limitations as to maximum and minimum as are stated in
clause (a ).
In addition to the compensation provided in the foregoing
R ehabilitation,
schedule for loss or loss o f the use o f a member, the compensation
during the period of retraining for a new occupation, as certified
by the division o f reeducation, operating under chapter 365,
Laws o f Minnesota, 1919, shall be sixty-six and two-thirds per
centum o f the daily wage at the time o f the injury, not exceed
ing twenty-five (25) weeks, provided the injury is such as to
entitle the workmen to compensation for at least seventy-five (75)
weeks in the schedule o f indemnities for permanent impairments,
and provided the industrial commission on application thereto
shall find that such retraining is necessary and make an order for
such compensation.
In all other cases o f permanent partial disability not above i n j u r i e s not
enumerated the compensation shall be sixty-six and two-thirds scheduled,
per centum o f the difference between the wage o f the workman
at the time o f the injury and the wage he is able to earn in his
partially disabled condition, subject to a maximum o f eighteen
($18) dollars per week. Compensation shall continue during dis
ability, not, however, beyond three hundred (300) weeks.
(d ) For permanent total disability as defined in subsection (e)
Perm anent tobelow, sixty-six and two-thirds per centum o f the daily wage tal dlsablllty.
at the time o f the injury, subject to a maximum compensation o f
eighteen ($18) dollars per week and a minimum compensation o f
eight ($8) dollars per w eek: P r o v i d e d , That if at the time o f the
injury the employee was receiving wages o f eight ($8) dollars or
less per week, then he shall receive the fu ll amount o f his wages per
week. This compensation shall be paid during the permanent
total disability o f the injured person, but the total amount pay
able under this subsection shall not exceed ten thousand (>$10,000)
dollars in any case; payments to be made at the intervals when
the wage was payable as nearly as may b e: P r o v i d e d , h o w e v e r ,
That in case an employee who is permanently and totally disabled
becomes an inmate o f a public institution, then no compensation
shall be payable during the period o f his confinement in such
institution, unless he has wholly dependent on him for support
a person or persons named in subsection (1 ), (2 ), and (3) o f
section 15 (whose dependency shall be determined as if the em
ployee were deceased), in which case the compensation provided
for in this subsection shall during the period o f such employee’s
confinement, as aforesaid, be paid for the benefit o f said per
sons so dependent during dependency.
(e ) The total and permanent loss o f the sight o f both eyes or Definition,
the loss o f both arms at the shoulder, or the loss o f both legs
so close to the hips that no effective artificial members can be
used, or complete and permanent paralysis, or total and per
manent loss o f mental faculties, or any other injury which totally
incapacitates the employee from working at an occupation which
brings him an income, shall constitute total disability.
( f ) In case a workman sustains an injury due to accident
Death follow arising out o f and in the course o f his employment, and during in& disability,
the period o f disability caused thereby, death results proximately
therefrom, all payments previously made as compensation for
such injury shall be deducted from the compensation, if any,
due on account o f the death.
S e c . 15. (1) For the purpose o f this act the follow ing described
Dependents,
persons shall be conclusively presumed to be wholly dependent:
(a ) W ife, unless it be shown that she was voluntarily living apart
from her husband at the time o f his injury or dea th ; (b ) minor
children under the age o f sixteen years.
(2 ) 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.

WORKMEN’ S COMPENSATION LAWS OF THE UNITED STATES.

(3) Wife, child, husband, mother, father, grandmother, grand
father, grandchild, sister, brother, mother-in-law, father-in-law,
who were wholly supported by the deceased workman at the time
o f his death and for a reasonable period o f time immediately
prior thereto, shall be considered his actual dependents and pay
ment of compensation shall be made to them in the order named.
Partial depend(4) Any member o f a class named in subdivision (3 ), who reguents.
larly derived part o f his support from the wages of the deceased
workman at the time o f his death and for a reasonable period o f
time immediately prior thereto, shall be considered his partial de
pendent, and payment of compensation shall be made to such
dependents in the order named.
Benefits.
(5) In death cases compensation payable to dependents shall
be computed on the following basis, and shall be paid to the
persons entitled thereto without administration.
(6) If the deceased employee leave a widow and no dependent
child, there shall be paid to the widow forty per centum o f the
daily wage at the time o f the injury of the deceased.
(7) If the deceased employee leave a widow or widower and
one dependent child, there shall be paid to the widow or widower
for the benefit of herself or himself and such child, fifty per
centum of the daily wage at the time of injury of the deceased.
(8) If the deceased employee leave a widow or widower and
either two or three dependent children, there shall be paid to the
widow or widower for the benefit of herself ©r himself and such
ch ldren, sixty per centum of the daily wage at the time o f injury
o f the deceased.
(9) I f the deceased employee leave a widow or widower and
four or more dependent children, there shall be paid to the widow
or widower for the benefit o f herself or himself and such children,
sixty-six and two-thirds per centum of the daily wage at the time
o f injury of the deceased.
Apportionment.
(10) In all cases where compensation Is payable to the widow
or widower for the benefit of herself or himself and dependent
child or children, the industrial commission shall have power to
determine in its discretion what portion o f the compensation shall
be applied for the benefit of any such child or children and may
order the same paid to a guardian.
Remarriage 0f
(11) In the case of remarriage of a widow without children
widow.
she shall receive a lump-sum settlement equal to one-half of the
amount of the compensation remaining unpaid. This sum shall
be paid to her within sixty (6C) days after written notice to
the employer of such remarriage. In case of remarriage o f a
widow who has dependent children, the. unpaid balance of compen
sation which would otherwise become due to her shall be paid to
such children.
Orphans.
(12) If the deceased employee leave a dependent orphan, there
shall be paid forty-five per centum of the daily wage at the time
of injury of the deceased, with ten per centum additional for each
additional orphan, with a maximum of sixty-six and two-thirds
per centum of such wages.
Husband.
(13) I f the deceased employee leave a dependent husband and
no dependent child, there shall be paid to the husband thirty per
centum of the daily wage at the time of injury o f the deceased.
Parents.
(14) I f the deceased employee should leave no widow or child
or husband entitled to any payment hereunder, but should leave
a parent or parents, either or both o f whom are wholly dependent
on the deceased, there shall be paid, if only one parent, thirty-five
per centum of the daily wage at the time o f injury o f the deceased,
and if both parents, forty-five per centum of the daily wage at
the time of injury o f the deceased to such parent or parents.
^ other depend( 15 ) i f the deceased should leave no widow or child or husband
snts*
or parent entitled to any payment hereunder, but should leave a
grandparent, grandchild, brother, sister, mother-in-law, or fatherin-law, wholly dependent on him for support, there shall be paid
to such dependent, if but one, thirty per centum of the daily wage

TEXT OF LAWS— MINNESOTA.

at the time o f injury o f the deceased, or if more than one, thirtyfive per centum o f the daily wage at the time o f injury o f the
deceased, divided between or among them share and share alike.
(16) I f compensation is being paid under part 2 o f this act to R i g h t s not
any dependent, sucli compensation shall cease upon the death or vested,
marriage o f such dependent, unless otherwise provided herein.
(17) Partial dependents shall be entitled to receive only that share of parproportion o f the benefits provided for actual dependents which tial dependents,
the average amount o f wages regularly contributed by the de
ceased to such partial dependent at, and fo r a reasonable time
immediately prior to the injury, bore to the total income o f the de
pendent during the same time.
(18) In all cases where death results to an employee caused B u r ia l exby accident arising out o f and in the course o f employment, th e penses*
employer shall pay in addition to the expenses provided for in
section 19 the expense o f burial, not exceeding in amount one
hundred and fifty ($150) dollars, except in cases where an in
surer o f the deceased or a benefit association is liable therefor,
or for a part th ereof; in which case the employer shall not be
required to pay any part o f such expense, for which such insurer
or a benefit association is liable, unless such nonpayment by the
employer would diminish the benefits received by the dependents
o f the deceased from any such insurer or a benefit association.
In case any dispute arises as to the reasonable value o f the serv
ices rendered in connection with the burial, the same shall be de
termined and approved by the industrial commission before pay
ment, after such reasonable notice to interested parties as the
industrial commission shall require. I f the deceased leave no
dependents, no compensation shall be payable execept as pro
vided by this subsection or section 16 hereof.
(19) The compensation payable in case o f death to persons Maximum and
wholly dependent shall be subject to a maximum compensation o f mi,?imiim P*yeighteen ($18) dollars per week and a minimum o f eight ($8) ments*
dollars per w eek: P r o v i d e d , That if at the time o f injury the
employee receives wages o f eight ($8) dollars or less per week,
then the compensation shall be the full amount o f such wages per
week. The compensation payable to partial dependents shall be
subject to a maximum o f eighteen ($18) dollars per week and a
minimum o f eight ($8) dollars per w eek: P r o v i d e d , That if the
income loss o f the said partial dependents by such death is eight
($8) dollars or less per week, then the dependents shall receive
the fu ll amount o f their Income loss. This compensation shall be
paid during dependency, but shall not exceed seventy-five hun
dred ($7,500) dollars in case o f a dependent wife, child, children,
or orphan, and shall not exceed three hundred (300) weeks in
case o f any other dependent, payments to be made at the intervals
when the wage was payable as nearly as may be.
(20) Actual dependents shall be entitled to take compensation Rank of actual
in the order named in subsection (3) above, during dependency,depeildents#
until sixty-six and two-thirds per centum o f the daily wage o f the
deceased at the time o f injury shall have been exhausted: P r o
v i d e d , That such compensation shall not exceed seventy-five hun
dred ($7,500) dollars in case o f a dependent wife, child, children,
or orphan, or continue beyond three hundred (’300) weeks in case
o f any other dependent; but the total compensation to be paid to
all actual dependents o f a deceased employe shall not exceed in
the aggregate eighteen ($18) dollars per week.
Sec. 16. I f an employee receive an injury which o f itself would second injury,
only cause permanent partial disability, but which combined with
a previous disability does in fact cause permanent total disability,
the employer shall only be liable for the permanent partial dis
ability caused by the subsequent in ju ry : P r o v i d e d , h o w e v e r , That
in addition to compensation for such permanent partial disability
and after the cessation o f the payments for the prescribed period
o f weeks, the employee shall be paid by the State the remainder
o f the compensation that would be due fo r permanent total dis-

W O RK M EN 'S COMPENSATION LAWS OF THE UNITED STATES.

ability, out o f a special fund created for such purpose in the fo l
lowing manner:
Special fund.
Every employer shall pay to the State treasurer for every case
o f injury occurring in his employ and causing death in which
there are no persons entitled to compensation the sum o f one
hundred ($100) dollars. The State treasurer shall be the custo
dian o f this special fund and the industrial commission shall
direct the distribution thereof, the same to be paid as other pay
ments o f compensation are paid. In case deposit is or has been
made under the provisions o f this section and dependency later
is shown, the State treasurer is hereby authorized to refund such
deposit.
J oin t em ployS e c . 17. In case any employee fo r whose injury or death coms#
pensation is payable under part 2 o f this act shall, at the time
o f the injury, be employed and paid jointly by two or more em
ployers subject to this act, such employers shall contribute the
payment o f such compensation in the proportion o f their several
wage liability to such employee. I f one or more but not all o f
such employers should be subject to part 2 o f this act and other
wise subject to liability fo r compensation hereunder, then the
liability o f such o f them as are so subject, shall be to pay the
proportion o f the entire compensation which their proportionate
wage liability bears to the entire wages o f the em ployee: P r o
v i d e d , h o w e v e r , That nothing in this section shall prevent any#
arrangement between such employers for a different distribution
as between themselves o f the ultimate burden of such compensa
tion.
W aitin g period.
Sec. 18. In cases o f temporary total or temporary partial dis
ability no compensation shall be allowed for the first week after
the disability commenced, except as provided by section 19, nor
in any case unless the employer has actual knowledge o f the
injury or is notified thereof within the period specified in section
20: P r o v i d e d , h o w e v e r , That if such disability continues for four
weeks or longer such compensation shall be computed from the
commencement o f such disability.
M edical, etc.,
S e c . 19. Such medical, surgical, and hospital treatment, inelud■eatment.
ing n o s i n g , medicines, medical and surgical supplies, crutches
and apparatus, including artificial members, as may reasonably
be required at the time of the injury and during the disability
fo r not exceeding ninety (90) days and not exceeding one hundred
($100) dollars in value, to cure and relieve from the effects o f
the injury, shall be provided by the em ployer[ ; ] and in case o f his
inability or refusal seasonably to do so, the employer shall be
liable for the reasonable expense incurred by or on behalf o f the
employee in providing the sam e: P r o v i d e d , h o w e v e r , That upon
request by the employee made during or after said period o f
ninety (90) days and necessity being shown therefor the indus
trial commission may require the above treatment, articles, and
supplies for the cure and relief from the effects o f such injury
fo r such further time and amount as is just under the facts shown.
The commission may, upon the petition o f an employee and a
proper showing o f cause therefor, order a change o f physicians
and designate a physician suggested by the injured employee or
by the commission itself, and in such case the expense thereof
shall be borne by the employer upon the same terms and condi
tions as hereinbefore provided in this section for medical and
surgical treatment and attendance.
The pecuniary liability o f the employer for the treatment,
articles, and supplies herein required shall be lim ited to such
charges therefor as prevail in the same community fo r similar
treatment, articles, and supplies furnished to injured persons o f a
like standard o f living, when the same are paid for by the injured
persons; and in all cases of dispute as to the value o f the treat
ment, articles o f supplies furnished to or for an injured employee,
either party may require that the same, before payment, shall be
determined and approved by the industrial commission upon such

TEXT OE LAWS— MINNESOTA.

reasonable notice to interested parties as the industrial commis
sion shall require.
S e c . 20. Unless the employer shall have actual knowledge o f the . N otice
occurrence o f the injury, or unless the injured workman or a Cldent*
dependent or some one in behalf of either shall give notice thereof
to the employer in writing within fourteen (14) days after the
occurrence o f the injury, then no compensation shall be due until
such notice is given or knowledge obtained. I f the notice is given
or the knowledge obtained within thirty (30) days after the
occurrence o f the injury, no want, failure, or inaccuracy o f a
notice shall be a bar to obtaining compensation, unless the em
ployer shall show that he was prejudiced by such want, defect, or
inaccuracy, and then only to the extent o f such prejudice. I f the
notice is given or the knowledge obtained within ninety (90)
days, and if the employee or other beneficiary shall show that his
failure to give prior notice was due to his mistake, inadvertence,
ignorance o f fact or law, or inability, or to the fraud, misrepre
sentation or deceit o f the employer or his agent, then compensa
tion may be allowed, unless the employer shall show that he was
prejudiced by failure to receive such notice, in which case the
amount o f compensation shall be reduced by such sum as shall
fairly represent the prejudice shown. Unless knowledge be ob
tained or notice given within ninety (90) days after the occur
rence o f the injury, no compensation shall be allowed.
S e c . 21. The notice referred to in section 20 may be served per- . Form
sonally upon the employer, or upon any agent o f the employer tlce*
upon whom a summons may be served in a civil action, or by
sending it by registered mail to the employer at the last known
residence or business place thereof within the State, and shall
be substantially in the follow ing form :

of ac-

no-

NOTICE.

You are hereby notified that an injury was received by (nam e)
______ who was in your employment at ( p l a c e ) _______ while en
gaged as (kind o f w ork) ______ on or about t h e _____ day o f
______ , 19__, and who is now located at (give town, street, and
number) ______ that so far as now known, the nature o f the
injury w a s --------- , and that compensation may be claimed there
for.
(Signed) -------------------------------------------(g iv in g a d d r e s s )

But no variation from this form shall be material if the notice
is sufficient to advise the employer that a certain employee, by
name, received a specified injury in the course o f his employment
on or about the specified time, at or near a certain place speci
fied.
Sec. 22. The time within which the follow ing acts shall be
performed under part 2 o f this act shall be limited to the follow
ing periods, respectively:
(1) Actions or proceedings by an injured employee to deter
mine or recover com pensation; two years after the employer has
made written report o f the injury to the industrial commission.
(2) Actions or proceedings by dependents to determine or re
cover compensation two years after the receipt by the industrial
commission o f notice in writing o f death given by the em ployer:
P r o v i d e d , That in any such case, if a dependent o f the deceased or
anyone in his behalf, shall give notice of such death to the indus
trial commission, said commission shall forthwith notify in w rit
ing the employer o f the time and place o f such death. In case
the deceased was a native o f a foreigh country, and leaves no
known dependent or dependents within the United States, it shall
be the duty o f the industrial commission to give written notice
o f said death to the consul or other representative o f said foreign
country forthwith.

limitations,

w o r k m e n ’ s c o m p e n s a t io n l a w s of t h e u n it e d s t a t e s ,

(3)
In case of physical or mental incapacity, other than minor
ity, of the injured person or his dependents to perform or cause
to be performed any act required within the time by this section
specified, the period of limitation in any such case shall be ex
tended for two years from the date when such incapacity ceases.
Medical exami- Sec. 23. (1) The injured employee must submit himself to ex
nation.
amination by the employer’s physician, if requested by the em
ployer, and at reasonable times thereafter upon the employer’s
request. The employee shall be entitled upon request to have his
own physician present at any such examination. Each party
shall defray the cost o f his own physician.
(2)
In case of dispute as to the injury, the industrial commis
sion, or the commissioner or referee conducting the hearing, may
of its or his own motion, or upon request o f any interested party
provide a neutral physician of good standing and ability to make
an examination of the injured person and report his findings to
the industrial commission, a commissioner, or referee as the case
may be. The expense of such examination shall be borne by the
said parties, or as ordered by the commission, or commissioner or
referee.
Refusal of ex(3)
the injured employee refuses to comply with any reaamination.
sonable request for examination, his right to compensation may
be suspended by order of the commissioner and, in such case, no
compensation shall be paid while he continues in such refusal.
Autopsy.
(4) In all death claims where the cause o f death is obscure
or disputed any interested party may request an autopsy, and if
denied the commission may upon petition order the same; the
cost of such autopsy shall be borne by the party demanding the
same.
physician to
(5 ) Any physician designated by the commission, commissioner,
testify.
or referee, or whose services are furnished or paid for by the em
ployer, who treats, or who makes or is present at any examina
tion of an injured employee may be required to testify as to any
knowledge acquired by him in the course of such treatment or
examination, relative to the injury or the disability resulting
therefrom.
Alien depend- S e c . 24. In case a deceased employee, for whose injury or death
ents.
compensation is payable, leaves surviving him an alien dependent
or dependents residing outside o f the United States, the industrial
commission shall direct payment of all compensation due to the
deceased or to his dependents, to be made to the duly accredited
consular officer o f the country of which the beneficiaries are citi
zens, if such consular officer resides within the State of Minnesota,
or if not, to his designated representative residing within the
State, and such consular officer or his representative shall be the
sole representative of such deceased employee and of such de
pendents to settle all claims for compensation and to receive for
distribution to the persons entitled thereto all compensation aris
ing hereunder. The settlement and distribution o f said funds
shall be made only on order of the commission, such consular
officer or his representative shall furnish, if required by the com
mission, a good and sufficient bond, satisfactory to the commis
sion, conditioned upon the proper application of the moneys re
ceived by him. Before such bond is discharged such consular
officer or representative shall file with the commission a verified
account of the items o f his receipts and disbursements o f such
compensation.
Such consular officer or his representative shall, before receiv
ing the first payment of such compensation, and thereafter, when
ordered to do so by the commission, furnish to the commission a
sworn statement containing a list of the dependents with the
name, age, residence, extent o f dependency, and relationship to
the deceased of each dependent.
Lump-sum pay- Sec. 25. The amounts of compensation payable periodically
ments.
hereunder may be commuted to one or more lump-sum payments
only by order of the commission and on such terms and conditions
as the commission may prescribe.

TEXT OF LAWS— MINNESOTA,

In making such commutations the lump-sum payments shall in
the aggregate amount to a sum equal to the present value of all
future installments o f compensation calculated on a six per cent
basis.
S e c . 26. At any time after the amount of any award or comP a y m e n t s to
mutation has been finally determined by the commission, a sum trustees,
equal to the present value of all future installments of the com
pensation calculated on a six per cent basis may (where death
or the nature of the injury renders the amount of future pay
ments certain) by leave of the commission, be paid by the em
ployer to any savings bank or trust company of this State to be
approved and designated by the commission, and such sum, to
gether with all interest thereon, shall thereafter be held in trust
for the employee or the dependents of the employee, who shall have
no further recourse against the employer. The payment of such
sum by the employer, evidenced by receipt of the trustee, filed
with the industrial commission, shall operate as a satisfaction
of the compensation liability as to the employer. Payments from
said fund shall be made by the trustee in the same amounts and
at the same time as are herein required of the employer until
said fund and interest shall be exhausted, excepting as the com
mission shall otherwise order. In the appointment of the trustee
preference shall be given, in the discretion of the industrial com
mission, to the choice of the injured employee or the dependents
of the deceased employee, as the case may be.
Sec. 27. The right to compensation and all compensation
Preference of .
awarded any injured employee or for death claims to his de- compensation,
pendents, shall have the same preference against the assets of
the employer as other unpaid wages for labor; but such compen
sation shall not become a lien on the property of third persons by
reason of such preference.
Claims for compensation owned by an injured employee or his
dependents, shall not be assignable and shall be exempt from
seizure or sale for the payment of any debt or liability, except as
otherwise provided herein.
Sec. 28. An employer except the State and the municipal sub- iterance re
division thereof liable under this act to pay compensation shall <iuired*
insure payment of such compensation in some insurance carrier
authorized to insure such liability in this State unless such em
ployer shall be exempted in whole or in part from such insurance
by the industrial commission. An employer desiring to be ex
empted in whole or in part from insuring his liability for com
pensation shall make application to the industrial commission,
showing his financial ability to pay such compensation, where
upon the commission, by written order, may make such exemp
tion as it deems proper. The commission may from time to time
require further statement o f financial ability of such employer to
pay compensation and may, upon ten days’ notice in writing,
revoke its order granting such exemption, in which case such
employer shall immediately insure his liability. As a condition
for the granting of an exemption the commission shall have au
thority to require the employer to furnish such security as it may
consider sufficient to insure payment of all claims under com
pensation. Where the security is in the form of a bond or other
personal guaranty the commission may at any time, either before
or after the entry of an award, upon at least ten days’ notice
and opportunity to be heard, require the surety to pay the amount
of the award, the same to be enforced in like manner as the award
itself may be enforced.
An employer who shall fail to comply with any provisions o f Penalty,
this section shall be liable to the State of Minnesota for a
penalty of fifty ($50) dollars for each such failure, and each such
penalty shall be recovered in a civil action brought in the name
of the State by the attorney general in any court having jurisdic- **
tion thereof, and it shall be the duty of the industrial commission,
whenever any such failure occurs, to immediately certify the fact
thereof to the attorney general and upon receipt o f any such

WORKMEN’ S COMPENSATION LAWS OF THE UNITED STATES.

certification the attorney general shall forthwith commence and
prosecute such action. All penalties recovered by the State here
under shall be paid into the State treasury,
insurance poll- Sec. 29. Any employer who is responsible for compensation as
es, etc.
provided under part 2 of this act may insure the risk in any
manner then authorized by law. But those writing such insur
ance shall in every case be subject to the conditions of this sec
tion hereinafter named.
I f the risk of the employer is carried by any insurer doing
business for profit, or by an insurance association or corporation
formed o f employers, or o f employers and workmen, to insure the
risks under part 2 of this act, operating by the mutual assessment
or other plan or otherwise, then in so far as policies are issued
on such risks they shall provide for compensation for injuries or
death, according to the full benefits o f part 2 of this act. Nothing
herein contained shall prevent any employer, with the approval of
the commission, from insuring only a particular class or classes
of employees or o f risks.
Such policies shall contain a clause to the effect that as be
tween the workman and the insurer, that notice to and knowledge
by the employer of the occurrence of the injury shall be deemed
notice and knowledge on the part of the insurer; that jurisdiction
o f the employer for any purpose shall be jurisdiction of the in
surer, and that the insurer will in all things be bound by and
subject to the awards rendered against such employer upon the
risks so insured.
Such policies must provide that the workman shall have an equi
table lien upon any amount which shall become owing on account
o f such policy to the employer from the insurer, and in case of
the legal incapacity or inability o f the employer to receive the
said amount and pay it over to the workman or dependents,
the said insurer will pay the same direct to said workman or
dependents, thereby discharging all obligations under the policy
to the employer, and all of the obligations of the employer and
insurer to the workman; but such policies shall contain no pro
visions relieving the insurance company from payment when the
employer becomes insolvent or discharged in bankruptcy or
otherwise, during the period the policy is in force, if the com
pensation remains owing.
The insurer must be one authorized by law to conduct such
business in the State o f Minnesota and authority is hereby
granted to all insurance companies writing such insurance to
include in their policies in addition to the requirements now
provided by law, the additional requirements, terms, and con
ditions in this section provided. No agreement by an employee
to pay to an employer any portion of the cost of insuring his
risk under this act shall be valid. But it shall be lawful for the
employer and the workman to agree to carry the risk covered
by part 2 of this act in conjunction with other and greater risks
and providing other and greater benefits such as additional com
pensation, accident, sickness, or old-age insurance or benefits,
Employees’ con- an(j the fact that such plan involves a contribution by the worktnbutions.
man shall not prevent its validity if such plan has been approved
in writing by the industrial commission. Any employer who
shall make any charge or deduction prohibited by this section
shall be guilty of a misdemeanor.
Notice of inthe employer shall insure to his employees the payment of
surance.
the compensation provided by part 2 o f this act in a corpora
tion or association authorized to do business in the State of
Minnesota, and approved by the insurance commissioner of the
State of Minnesota, and if the employer shall post a notice or
notices in a conspicuous place or in conspicuous places about
his place o f employment, stating that he is so insured and stating
by whom insured, and if the employer shall further file a copy
o f such notice with the industrial commission, then, and in
such case, any proceedings brought by; an injured employee or
his dependents shall be brought directly against the insurer,

TEXT OF LAWS— MINNESOTA.

and the employer or insured shall be released from any further
liability: P rovid ed , That in case of insolvency or bankruptcy of
such insurance company the employer shall not be released from
liability under the provisions of this act.
The return of any execution upon any judgment of an em- insolvent comployee against any such insurance company unsatisfied in whole panies.
or in part shall be conclusive evidence of the insolvency of such
insurance company, and in case of the adjudication of bankruptcy
or insolvency of any such insurance company by any court of
competent jurisdiction proceedings may be brought by the em
ployee against the employer in the first instance, or against
such employer and insurance company jointly or severally or
in any pending proceedings against any insurance company, the
employer may be joined at any time after such adjudication.
S e c . 30. (1) Any person who creates or carries into operation
Evading liabilany fraudulent scheme, artifice, or device to enable him to exe-ity.
cute work without himself being responsible to the workman
for the provisions o f this act, shall himself be included in the
term “ employer ” and be subject to all the liabilities of the
employer under this act. But this section shall not be construed
to cover or mean an owner who lets a contract to a contractor
in good faith nor a contractor, who, in good faith, lets to a
subcontractor a portion of his contract: P rovid ed , h ow ever , That
no person shall be deemed a contractor or subcontractor, so as to
make him liable to pay compensation within the meaning of
this section, who performs his work upon the employer’s premises
and with the employer’s tools or appliances and under the em
ployer’s directions; nor one who does what is commonly known
as piecework or in any way where the system of employment
used merely provides a method of fixing the workman’s wages.
(2) Where compensation is claimed from, or proceedings taken
against a person under subdivision (1) of this section, the com
pensation shall be calculated with reference to the wage the
workman was receiving from the person by whom he was imme
diately employed at the time of the injury.
(3) The employer shall not be liable or required to pay com- Acts of third
pensation for injuries due to the acts or omissions of third persons,
persons not at the time in the service of the employer, nor en
gaged in the work in which the injury occurs, except as pro
vided in section 31, or under the conditions set forth in sec
tion 66j.
S e c . 31. (1) Where an injury dr death for which compensation
L i a b i l i t y of
is payable under part 2 of this act is caused under circumstances third party,
also creating a legal liability for damages on the part of any
party other than the employer, such party also being subject to the
provisions of part 2 of this act, the employee, in case o f injury,
or his dependents, in case of death may, at his or their option,
proceed either at law against such party to recover damages,
or against the employer for compensation under part 2 of this
act, but not against both.
I f the employee in case of injury, or his dependents in case
o f death, shall bring an action for the recovery of damages
against such party other than the employer, the amount thereof,
manner in which, and the persons to whom the same are payable,
shall be as provided for in part 2 of this act, and not otherwise:
P rovid ed , That in no case shall such party be liable to any person
other than the employee or his dependents for any damages
growing out of or resulting from such injury or death.
If the employee or his dependents shall elect to receive com
pensation from the employer, then the latter shall be subrogated
to the right of the employee or his dependents to recover against
such other party, and may bring legal proceedings against such
party and recover the aggregate amount of compensation pay
able by him to such employee or his dependents hereunder, to
gether with the costs and disbursements of such action and
reasonable attorney’s fees expended by him therein.

w o r k m e n ’s c o m p e n s a t io n l a w s of t h e u n it e d s t a t e s .

(2)
Where an injury or death for which compensation is pay
able under part 2 of this act is caused under circumstances also
creating a legal liability for damages on the part o f any party
other than the employer, such party not being subject to the pro
visions o f part 2 of this act, legal proceedings may be taken by
the employee or dependents against such other party to recover
damages, notwithstanding the payment by the employer or his
liability to pay compensation hereunder. But in such case if the
action against such other party is brought by the injured em
ployee, or in case of his death, by his dependents, and judgment is
obtained and paid or settlement is made with such other party
either with or without suit, the employer shall be entitled to
deduct from the compensation payable by him the amount actually
received by such employee or dependents after deducting costs,
reasonable attorney’s fees, and reasonable expenses incurred by
such employee or dependents in making such collection or enforc
ing such liability: P rovid ed , That if the injured employee or in
case of his death his dependents shall agree to receive compensa
tion from the employer or shall institute proceedings to recover
the same or accept from the employer any payment on account of
such compensation, such employer shall be subrogated to all the
rights of such employee or his dependents and may maintain or,
in case an action has already been instituted, may continue the
action either in the name of the employee or dependents or in his
own name, against such other party for the recovery o f damages
but such employer shall nevertheless pay over to the injured
employee or dependents all sums collected from such other party
or parties by judgment or otherwise in excess of such compensa
tion payable by the employer under part 2 o f this act, and costs,
reasonable attorney’s fees, and reasonable expenses incurred by
such employer in making such collection and enforcing such
liability: P rovid ed , That in no case shall such party be liable to
any person other than the employee or his dependents for any
damages growing out o f or resulting from such injury or death.
oversies118 0011
S e c . 32. In any case where any proceeding has been instituted
or carried on any defense interposed by any employer or insurer
liable to pay compensation hereunder which does not present a
real controversy but is merely frivolous or for delay, or where
there has been any unreasonable or vexatious delay o f payment,
or neglect or refusal to pay, or intentional underpayment of any
compensation due to any employee or dependent under part 2 of
this act, the industrial commission or the supreme court may,
after reasonable notice and hearing or opportunity to be heard, as
in cases o f dispute arising under part 2 o f this act, award, in
addition to the compensation payable or to become payable, an
amount equal to not more than twenty-five per centum of the com
pensation payable or to become payable as aforesaid. To secure
information as to any act or omission specified in this section
the industrial commission by itself or employees may examine
from time to time the books and records o f any employer or
insurance carrier relative to the payment of compensation here
under, or require any such employer or insurance carrier to fur
nish any other information relating to the payment of compen
sation hereunder. In case of an insurer persisting in any act or
omission hereinbefore specified in this section or refusing or
failing to allow the industrial commission to examine its books
and records or to furnish such information, the industrial commis
sion shall make complaint in writing to the insurance commis
sioner setting forth the facts and recommending the revocation
o f the license of such insurer to do business in this State, where
upon the commissioner o f insurance shall hear and determine the
matter as provided in chapter 508 of the General Laws of Minne
sota for 1919; and if any such charge is found true the commis
sioner of insurance shall revoke the license of such insurer and
thereafter it shall be unlawful for such insurer to write or effect
insurance in this State.

TEXT OF LAWS— MINNESOTA.

S e c . 33. It is hereby made the duty of every employer subject
Accidents to be
to the provisions of part 2 of this act to make or cause to be reportedmade a report to the industrial commission of any accident to any
employee which occurs in the course o^his employment, and which
causes death or serious injury within forty-eight (48) hours of the
occurrence of such accident, and of all other accidents which occur
to any employee in the course of his employment, and of which
the employer or his foreman has knowledge within seven days after
the occurrence o f such accident: Provided, That such injuries
are sufficient wholly or partially to incapacitate the person injured
from labor or service for more than the remainder of the day,
shift, or turn on which the injury was sustained, which reports
shall be made upon a form to be prescribed by the industrial com
mission.
The industrial commission shall include in the form of report
prepared by y; a statement that the employer will pay the com
pensation as required by law to be signed by the employer or his
representative where a liability to pay compensation is admitted.
Accidents required by this section to be reported within 48 Time limit*
hours may be reported by telephone, telegraph, or personal notice
and a written report of such accident shall then be made within
seven days or at such time as the Industrial commission shall
designate, and the commission may require such supplementary
reports of any accident as it may deem necessary for the securing
of the information required by la w : P rovid ed , That when an acci
dent has been reported which subsequently terminates fatally, a
supplemental report shall be filed with the industrial commission
within forty-eight (48) hours after receipt of knowledge of such
death, stating that the injury had proved fatal and any other
facts in connection with such death or as to the dependents of
such deceased employee which the industrial commission may
require.
Every physician or surgeon who shall examine, treat, or have . Reports by physpecial knowledge of any injury to any employee compensable8JCians*
under part 2 of this act shall within ten days after receipt of any
request therefor, in writing, made by the industrial commission,
report to the commission all facts within his knowledge relative
to the nature and extent of any such injury and the extent of any
disability resulting therefrom upon a form to be proscribed by the
commission.
It is hereby made the duty of the industrial commission from
time to time and as often as may be necessary to keep itself fully
informed as to the nature and extent of any injury to any em
ployee compensable under part 2 of this act and the extent o f any
disability resulting therefrom and the rights of such employee to
compensation, to request in writing and procure from any physi
cian or surgeon examining, treating, or having special knowledge
of such injury, a report of the facts within his knowledge relative
thereto.
Any employer or physician or surgeon who shall fail to make
any report required by this section, in the manner and within
the time herein specified, shall be liable to the State of Minnesota
for a penalty of fifty ($50) dollars for each such failure, and
such penalty shall be recovered in a civil action brought in the
name of the State by the attorney general in any court having
jurisdiction thereof, and it shall be the duty o f the industrial
commission whenever any such failure to report occurs to imme
diately certify the fact thereof to the attorney general, and upon
receipt of any such certification the attorney general shall forth
with commence and prosecute such action. All penalties recovered
by the State hereunder shall be paid into the State treasury.
No such report nor part thereof, nor any copy of the same or
part thereof, shall be open to the public, nor shall any of the con
tents thereof be disclosed in any manner by any official or clerk
or other employee or person having access thereto, but the same
may be used upon the hearings under this act or for State investi-

w o b k m e n ’s c o m p e n s a t io n l a w s o f t h e u n it e d s t a t e s .

gations and for statistics only, and any such disclosure is hereby
declared to be a misdemeanor and punishable as such.
Commission to S e c . 34. On receipt o f notice or information that an employee
injure governed by part 2 o f this act has sustained an injury which may
p 7
be compensable, the industrial commission shall forthwith mail to
such employee, if his post-office address be known or ascertain
able, a written or printed notice in the form o f a letter giving a
brief statement in simple language of such employee’s general
rights and duties under this act, In addition such other mat
ters as in the discretion o f the commission may be incorporated in
this notice, it shall summarize the employer’s duty to furnish
medical and hospital treatment and to pay compensation, and
shall also invite such employee to ask advice of the commission in
case any doubt or dispute arises concerning his rights under this
act on account o f such injury. The notice shall be accompanied
by an envelope addressed to the industrial commission, for use by
the employee in making any reply.
N o tic e o i stop S e c . 35. Before discontinuing the payment of compensation in
p in g
c o m p e n s a - any case coming under part 2 o f this act, the employer shall, if it
t io n , w h e n .
i g c i a i m e ( j by or on behalf of the injured person or his dependents
that his right to compensation still continues, or if such employee
or his dependents shall refuse to sign or object to signing a final
receipt, notify the industrial commission in writing o f such pro
posed discontinuance o f payment, with the date of the discontinu
ance and the reason therefor, and that the employee or dependent,
as the case may be, objects thereto, and until such notice is
given as aforesaid the liability for and the making o f such pay
ments shall continue unless otherwise ordered by the commission:
m P rovided, That the receipt o f any such notice of discontinuance by
In s u r e r s
act.
the commission, as herein provided, shall operate as a suspen
sion of payment of compensation until the right thereto can be
investigated, heard, and determined, as herein provided. It is
hereby made the duty of the industrial commission, forthwith
upon receipt o f any such notices of discontinuance, to notify the
employee o f the receipt thereof and mail him a copy o f the same
at his last known place of residence, and to make such investiga
tions and inquiries as may be necessary to ascertain and deter
mine whether the right to compensation in any such case has ter
minated in accordance with law, and if upon investigation it shall
appear that the right to compensation in any such case has not
terminated, or will not terminate upon the date specified in any
such notice of discontinuance, the industrial commission shall set
down for hearing before the commission, or some commissioner or
referee, the question o f the right of the employee or dependent,
as the case may be, to further compensation, such hearing to be
H e a r in g .
held within twenty-five (25) days of the receipt by the commis
sion of any such notice o f discontinuance, and eight (8) days’
notice of such hearing shall be given by the commission to the
interested parties.
After the hearing by the commission, commissioner, or referee
and due consideration of all the evidence submitted, the commis
D e c is io n .
sion, commissioner, or referee shall promptly enter an order or
award for such further amount of compensation to be paid by the
employer, if any, as may be due and payable. If upon investiga
tion it shall appear that the right to compensation in any such
case has terminated, the commission shall forthwith notify the
employer in writing of such fact, and the receipt o f such notice by
the employer shall operate to relieve him and the insurance car
rier, as o f the date when payment of compensation became sus
pended as provided by this section, from any further liability for
payment of compensation in such case, subject to the right of
review provided by this act.
In addition to the filing of the reports required by law, all em
ployers subject to part 2 o f this act shall promptly file or cause
to be filed with the industrial commission all current interim and
R e c e ip t s t o b e f i n a i receipts for the payments of compensation made, and it is
filed.
hereby made the duty of the industrial commission periodically to

TEXT OF LAWS— MINNESOTA.

check the records o f such commission in each case and require
such employers to file or cause to be filed all such receipts for com
pensation payments as and when due, it being the intention of this
section that the industrial commission shall definitely supervise
and require prompt and full compliance with all provisions for
the payment of compensation as required by law. Any insurance
carrier insuring any employer in this State against liability im
posed by this act shall be and hereby is authorized and empow
ered, for and on behalf o f said employer, to perform any and all
acts required of the employer under the provisions of this act:
P ro vid ed , That the employer shall be responsible for all author
ized acts of an insurer in his behalf and for any omission or delay
or any failure, refusal, or neglect of any such insurer to perform
any such act, and nothing herein contained shall be construed to
relieve the employer from any penalty or forfeiture provided by
this act.
Sec. 36. The industrial commission may, upon demand o f an A s s is ta n c e t o
employer or an employee or his dependent, designate one or more e m p lo y e r s a n d
o f its employees who shall advise such party or parties o f his or e m p lo y e e s .
their rights under this act, and shall assist so fa r as possible in
adjusting the differences between the employee or his dependents
and the employer under part 2 hereof and the employee or em
ployees o f the commission so designated are hereby empowered
to appear in person before the commission, commissioner, or
referee in any proceeding under part 2 o f this act, as the rep
resentative or advisor o f any such pa rty; and in any such case,
such party shall not be required to be also represented by an
attorney at law.

The industrial commission shall observe in detail the operation O p e r a t io n o f
of the act throughout the State and shall make report thereof a c t .
to each session o f the legislature, together with such suggestions
and recommendations as to changes as it may deem necessary or
advisable for the improvement thereof.
S e c . 37. All proceedings before the industrial commission shall
P rocedu re.
be by petition addressed to the commission. All petitions shall
be in writing and in such form as may be prescribed by the com
mission, except as otherwise provided by this act.
S e c . 38. All papers to be filed or acted upon by the industrial
F i l in g pa p ers.
commission shall be delivered to it at its principal office, except
as the commission may otherwise order.
S e c . 39. All papers delivered to the industrial commission for
T im e f o r filin g .
filing under the provisions of this act or the rules and regulations
of the commission shall be immediately filed.
Sec. 40. Every order, decision, or award made by any commis D e cis io n s
sioner or referee shall be forthw ith filed w ith the industrial com filed .
mission, and the commission shall immediately serve or cause
to be served upon every party in interest a copy o f every order,
decision, or award made by it or him, together w ith a notification
o f the time when the same was filed.

to be

S e c . 41. All papers and notices to which any party shall be
S e r v ic e of- p a
entitled under part 2 of this act shall be served by mail or in p e rs a n d n o tice s .
such other manner as the industrial commission may direct. Any
such paper or notice shall be deemed served on the date when
mailed, properly stamped and addressed, and shall be presumed
to have reached the party to be served; but any party may
show by competent evidence that any paper or notice was not
received or that there was an unusual or unreasonable delay in
its transmission through the mails. In such case proper allow
ance shall be made for the party’s failure within the prescribed
time to assert any right given him by this act. The industrial
commission, its secretary, and any commissioner or referee serv
ing or causing to be served any such paper or notice shall keep
a careful record of such service.
S e c . 42. In cases o f dispute as to any question o f law or fact
P rocedu re
in
In connection with any claim for compensation, either party, or ca ses o f d is p u te .
In case o f default for a period o f at least ten (10) days in pay328600—23----- 7

94 '

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 t h e u n it e d s t a t e s .

ment o f compensation due and payable, the person or persons
entitled thereto may present a verified petition to the industrial
commission setting forth in addition to such other facts as the
rules of the commission may require, the names and residences
o f the parties and the facts relating to employment at the time
o f injury, the injury, its extent and character, the amount of
wages being received, the knowledge o f the employer or notice
o f the occurrence of said injury, and such other facts as may be
necessary for the information o f the commission, and shall state
the matter or matters in dispute and the contention o f the peti
tioner with reference thereto.
C la im s .
Sec. 43. When a claim-petition or other petition is presented to
the industrial commission the commission shall, by general
rules or special order, either direct it to be heard by the com
mission or assign it to a commissioner or a referee for hearing:
P rovid ed , That petitions to commute further compensation pay
ments shall be heard by the commission.
N o t i c e upon
The secretary of the commission shall within ten days after
a d v e r s e p a r t ie s ,
the same is presented serve upon each adverse party a copy o f
the petition, together with a notice that the petition will be
heard by the commission or the commissioner or referee to
whom it has been assigned (giving his name and address) as the
case may be, and if the petition shall be assigned to a commis
sioner or a referee, shall deliver the original petition to him
with copies of the notices served on the adverse parties.
R e a s s ig n m e n t
Sec. 44. Any time before an award or disallowance o f compeno f p e titio n .
sation or order has been made by a commissioner or referee to
whom a petition has been assigned, the commission may order
such petition heard before it or may reassign it to another com
missioner or referee. Unless the commission shall otherwise
order, the testimony taken before the original commissioner or
referee shall be considered as though taken before the commis
sion or substituted commissioner or referee.
P roced u re.
S e c . 45. Within ten days after a copy of any petition has been
served on the adverse party, he may file with the industrial
commission and serve upon the petitioner or his attorney, a veri
fied answer, to the petition, which shall admit or deny the sub
stantial averments o f the petition and shall state the contention
of such adverse party with reference to the matter in dispute
as disclosed by the petition. Within five days after the service
of the answer, the petitioner may file with the commission and
sdrve on the adverse party or his attorney a verified reply, admit
ting or denying the matter set forth in the answer. Every fact
alleged in a petition not specifically denied by an answer so filed
by an adverse party shall be deemed to be admitted by him. But
the failure o f any adverse party or o f all of them to deny a fact
so alleged shall not preclude the commission, commissioner, or
referee before whom the petition is heard from requiring of its
or his own motion proof of such fa c t
Hearings.
Sec. 46 . As soon as may be after the twelfth day after notice
that a petition has been directed to be heard by the industrial
commission has been served upon the adverse parties thereto the
commission shall fix a time not less than five days nor more than
twenty days thereafter and a place for hearing the petition. I f a
petition be assigned to a commissioner or referee, he shall, as soon
as may be after the twelfth day after notice that such petition has
been assigned to him has been served upon the adverse parties,
fix a time, not less than five days nor more than twenty days
thereafter, and a place for hearing the petition. All hearings
shall be held in the county where the injury occurred unless other
wise ordered by the commission or the commissioner or referee
conducting the hearing. The secretary, if the petition has been
directed to be heard by the commission, or the commissioner or
referee to whom the petition has been assigned, shall serve upon
all parties in interest a notice o f the time and place of hearing, at
least five days prior to such hearing.

TEXT

OF LAWS— MINNESOTA,

S e c . 47. Upon failure of an adverse party in any case to serve
D e fa u lt ca ses,
and file an answer as provided by this act, the commission, upon
proof of service of the petition and failure to answer being made
and filed with the commission, shall forthwith make an award
based upon the petition, if the facts stated therein are sufficient
to support the same, of such compensation as the claimant is
shown thereby to be entitled to: P rovid ed , That the commission
may require proof o f any fact alleged in the petition and, in such
case, the commission shall promptly and summarily hear and
determine the matter and promptly make its award. If the peti
tion does not state facts sufficient to support an award, me com
mission shall promptly notify the petitioner or his attorney of
such fact in writing, and another petition may be filed as in the
case of an original petition.
Sec. 4S. The industrial commission by a member, or the com- p0Wers of com
missioner or referee to whom a cause may be assigned by the missioners and
commission for hearing, shall administer oaths to all witnesses, referees«
and upon its or his own motion or the written request of any inter
ested party may issue subpoenas for the attendance of witnesses
and the production of such books, papers, records, and documents,
material in the cause as shall be designated in such request or
required by the commission, commissioner, or referee: P rovid ed ,
That the applicants for subpoenas shall advance necessary service
and witness fees, which shall be the same as the service and wit
ness fees provided by law for civil causes in the district court
The industrial commission shall pay for the attendance of all wit
nesses subpoenaed by it on its own motion. If any person refuses
to comply with any order or subpoena issued by the commission, or
by any commissioner or referee in a cause assigned to him by the
commission, or if any person refuses to permit an inspection of
any place or premises or to produce any books, papers, records, or
documents, material in the cause, or if any witness refuses to
appear or testify regarding that which he may be lawfully inter
rogated, any judge of the district court in the county in which the
cause is pending, on application o f the commission, or the commis
sioner or referee hearing the cause, shall compel obedience by
attachment proceedings as for contempt as in the case of disobe
dience of a similar order or subpoena issued by such court.
Sec. 49. The industrial commission, if a petition is directed to Findiwrj,
be heard by it, or the commissioner or referee to whom a petition
s
is assigned for hearing, shall hear all competent evidence produced
and shall make, in writing, and as soon as may be after the con
clusion of the hearing, such findings of facts, conclusions of law,
and award or disallowance of compensation or other order as the
pleadings and the evidence produced before it or him and the
provisions of this act shall, in its or his judgment, require. Any
person having such an interest in any matter before tlie^commission, a commissioner, or referee that he may either gain or lose by
any order or decision relating thereto, shall, upon written applica
tion to the commission, commissioner, or referee setting forth the
facts which show such interest, be permitted to intervene under
such rules and regulations as the commission may prescribe.
Sec. 50. The industrial commission may refer any question of Reference of
fact arising under petition, including a petition for commutation case,
of compensation heard by it, to a commissioner or referee to hear
evidence and report to the commission the testimony taken before
him or such testimony and findings of fact thereon as the com
mission may order. The commission may refer any question o f
fact arising under any petition assigned to a commissioner or
referee to another commissioner or referee to hear evidence, and
report the testimony so taken thereon to the original commissioner
or referee.
Sec. 51. The industrial commission, commissioner, or referee, investigation
if it or he deem it necessary, may, o f its or his own motion, either by commission,
before, during, or after any hearing, make an investigation o f the
facts set forth in the petition or answer. The commission, or a

w orkm en

H e a r in g s t o
p u b li c .

Evidence.

’s

c o m p e n s a t io n l a w s o f t h e u n it e d s t a t e s .

commissioner or referee with the consent o f the commission, may
appoint one or more impartial physicians or surgeons to examine
the injuries o f the claimant and report thereon, and may employ
the services o f such other experts as shall appear necessary to
ascertain the facts. The report o f any physician, surgeon, or
expert appointed by the commission or by a commissioner or ref
eree shall be filed with the commission and shall be a part o f the
record and open to inspection as such.
The commission shall fix the compensation o f such physicians,
surgeons, and experts, which, when so fixed, shall be paid out o f
the funds appropriated to the department o f labor and industries
for the maintenance o f the department, and shall be taxed as a
part o f the costs o f the proceedings to be repaid to such depart
ment by either party or both, or otherwise, as the commission may
direct. I f any sum so taxed shall not be paid by the party
directed to repay, the same may be collected as costs are now
collectible.
be
ec
or

S . 52. All hearings before the commission, a commissioner
a referee shall be public.
Sec. 53. The commission, or a commissioner, or a referee in mak

ing an investigation or conducting a hearing under this act shall
not be bound by common law or statutory rules o f evidence or
by technical or form al rules o f pleading or procedure, except as
provided by this a c t ; and shall make such investigation or inquiry
or conduct such hearing in such manner as to ascertain the sub
stantial rights o f the parties. But all findings o f fact shall be
based only upon competent evidence.
D e p o s it io n s .
ec 54. Depositions may be taken as now provided by law for
civil cases, except as otherwise ordered by the commission, como r d s !>Spl
reC" missioner, or referee. The records kept by a hospital o f the medi
cal or surgical treatment given to an employee in such hospital
shall be admissible as evidence o f the medical and surgical mat
ters stated therein, but shall not be conclusive proof o f such
matters.
A p p e a ls .
ec 55. Any party in interest may, within ten days after notice
o f a commissioner’s or a referee’s award or disallowance o f com
pensation, or other order involving the merits o f the case, shall
have been served on him, take an appeal to the industrial com
mission on the ground: (1 ) That the award or disallowance o f
compensation, or other order appealed from is not in conform ity
with the terms o f this act, or that the commissioner or referee
committed any other error o f la w ; (2 ) that the findings o f fact
and award or disallowance o f compensation, or other order ap
pealed from was unwarranted by the evidence, or was procured
by fraud, coercion, or other improper conduct o f any party in
interest. The commission may, upon cause shown, extend the time
for taking such appeal or for the filing o f an answer or other
pleading. Whenever a commissioner or referee shall receive notice
from the commission that an appeal has been filed with the com
mission from his decision in any case he shall immediately cause
the testimony in that case, to be typewritten and forw a rd to
the commission a copy with the certificate o f the official stenog
rapher that it is complete and correct. The expense o f making
any such transcript shall be borne by the appealing party, unless
otherwise ordered by the commission.
On any such appeal the commission may disregard the findings
o f fact o f the commissioner or referee, and may examine the
testimony taken before such commissioner or referee, and if it
deem proper, may hear other evidence, and may substitute fo r
the findings o f the commissioner or referee such findings o f fact
as the evidence taken before the commissioner or referee and the
commission, as hereinbefore provided, may, in the judgment o f
the commission, require, and may make such disallowance or
award o f compensation or other order as the facts so found by it
may require. The commission, at its expense, shall cause a com
plete record o f its proceedings to be made and shall provide a
stenographer to take the testimony and record o f proceedings at

S .

TEXT OF LAWS— MINNESOTA,

the hearings before a referee, commissioner, or the commission,
and said stenographer shall furnish a transcript of such testimony
or proceedings to any person requesting it upon payment to him
of a reasonable charge therefor to be fixed by the commission.
S e c . 56. Whenever an appeal to the commission shall be based
A p p e a ls o n e i upon an alleged error of law, it shall be its duty to grant a hear- ror of law*
ing thereon. The commission shall fix a time and place for such
hearing and shall give at least five days’ notice thereof in writing
to all parties in interest. As soon as may be after any such hear
ing, the commission shall either sustain or reverse the commis
sioner or referee’s award or disallowance of compensation, or other
order appealed from or make such modification thereof as it shall
deem proper.
Sec. 57. Whenever an appeal shall be taken to the commission A p p e a l s for
on the ground that the commissioner or referee’s award or dis- frau°> *tcallowance of compensation was unwarranted by the evidence, or
because of fraud, coercion, or other improper conduct by any
party in interest, the commission may, in its discretion, grant a
hearing de novo before the commission or assign the petition for
rehearing to any commissioner or referee designated by it or sus
tain the commissioner or referee’s award or disallowance of
compensation. If the commission shall grant a hearing de novo,
it shall fix a time and place for same, and shall give at least five
days’ notice in writing to all parties in interest. As soon as may
be after any hearing de novo by the commission, it shall in writing
state its findings of fact, and award or disallow compensation in
accordance with the provisions of this act.
S e c . 58. On at least thirty days’ default in the payment o f comE n fo r c e m e n t o f
pensation due under any award made under part 2 o f this act, a w a rd s ,
the employee or dependents entitled to such compensation may
file a certified copy of such award with the clerk of the district
court of any county in the State, and may, on five days’ notice in
writing to the adverse parties, apply to such court for judgment.
Thereupon the court shall cause judgment to be entered for the
amount of the award in accordance with the terms and conditions
thereof; and such judgment shall have the same force and effect,
and may be vacated, set aside, or satisfied as other judgments of
the same court: P rovid ed , That no judgment shall be entered on
an award while an appeal is pending. There shall be but one
fee of 25c charged by said clerk for services in each case under
this section and said fee shall cover all services performed by him.
Sec. 59 (as amended by ch. 423, Acts of 1921). At any time after N ew h e a rin g s ,
an award has been made and before the same has been reduced
to judgment or writ of certiorari issued by the supreme court,
the commission may for cause, upon application of either party
and not less than five days’ notice in writing to all interested
parties, set the award aside and grant a new hearing, and thereon
determine the matter on its merits and make such findings of fact,
conclusions of law, and award or disallowance of compensation
or other order, as the pleadings and the evidence produced before
it and the provisions of this act shall in its judgment require.
S e c . 60 (as amended by ch. 423, Acts of 1921). Any party in
Court r e v ie w ,
interest may within thirty days after the service of notice on
him of any award or disallowance of compensation or order in
volving the merits of the case or any part thereof made by the
commission, have the same reviewed on certiorari by the supreme
court on any of the following grounds: (1) That the award or
disallowance o f compensation or other order sought to be re
viewed is not in conformity with the terms of the act, or that the
commission committed any other error of law ; (2) that the find
ings of fact and award or disallowance of compensation or other
order sought to be reviewed was unwarranted by the evidence.
The supreme court may, upon cause shown, extend the time pro
vided in this section for review on certiorari or for filing any
paper required to be filed in such court. To render certiorari
effective the petitioner or relator shall, within thirty days after
notice of such final award or disallowance or other order, serve

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 t h e u n it e d s t a t e s .

upon the industrial commission a writ o f certiorari showing that
a review is to be had in the supreme court of the proceedings of
the commission, on which such final award or disallowance of
compensation is based, together with a bond with such surety or
sureties and in such amount as the commission or a commissioner
shall direct and approve, conditioned to pay the cost o f such re
view. The petitioner or relator shall also pay to the secretary
o f the industrial commission $10, to be paid in turn by such secre
tary to the clerk of the supreme court as the filing fee provided
by chapter 177, of Laws 1915. On the serving of such writ of
certiorari and filing bond and the payment of the amount afore
said, the secretary of the commission shall immediately transmit
to such clerk the filing fee aforesaid, together with the return to
such writ o f certiorari and bond. The receipt by the clerk of
such fee and the filing o f such return shall vest the supreme court
with jurisdiction of the matter. Within thirty days from receipt
o f the amount aforesaid and filing with the commission o f the
return to writ of certiorari and bond, the secretary shall trans
mit to the clerk of the supreme court a true and complete return
of the proceedings of the commission in the cause sought to be
reviewed, or such parts thereof as may be necessary to enable
the supreme court properly to review the questions presented to
it. Such return shall be certified to by the secretary under the
seal of the commission, and the petitioner or relator shall pay to
the secretary the reasonable expense o f preparing the return. On
the filing of the return in the supreme court, the matter shall be
heard and disposed o f in accordance with the laws and rules of
the court governing civil appeals. The supreme court may adopt
such rules not inconsistent with the provisions of this act as may
be deemed necessary or convenient for the impartial and speedy
disposition o f such matters.
P roced u re.
S e c . 61 (as amended by ch. 423, Acts o f 1921). The supreme
court, on review taken under the preceding section shall have and
take original jurisdiction and may reverse, affirm, or modify the
award or order of disallowance reviewed and enter such judg
ment as may be just and proper; and where necessary may re
mand the cause to the industrial commission for a new hearing
or for further proceedings, with such directions as the court may
deem proper.
stay.
S e c . 62 (as amended by ch. 423, Acts of 1921). A writ perfected
under the provisions of this act shall stay all proceedings for the
enforcement of collection o f the award sought to be reviewed, or
any part thereof, until the final disposition of the cause in the
supreme court or before the industrial commission when the cause
is remanded for a new hearing or further proceedings.
A tto rn e y
for S e c . 63 (as amended by ch. 423, Acts of 1921). On all such re>mmission.
views the attorney general shall, unless otherwise directed by the
commission, appear as attorney for the industrial commission,
and he shall prepare and present to the supreme court such
papers, briefs, and arguments as he shall deem proper and neces
sary to a fair presentation o f the questions involved in support
of the award or order o f disallowance sought to be reviewed.
C o s ts .
S e c . 64 (as amended by ch. 423, Acts o f 1921). No costs shall
be awarded against either party in hearings before the commis
sion, commissioner or referee, except as specially provided by
this act, but in the discretion of the industrial commission, com
missioner, or referee conducting a hearing, or in the discretion of
the commission in an appeal to it, the prevailing party may be
awarded reimbursement for actual necessary disbursements, to be
taxed and allowed by the commission, commissioner, or referee on
five days* notice in writing to the adverse party. The commis
sion in affirming or modifying and affirming or reversing a dis
allowance and allowing an award may include in such award
reasonable attorney’s fees incident to review on certiorari. On
writs of certiorari the supreme court costs and disbursements
shall be taxed the same as on civil ^appeals: P rovid ed , That if
upon such review by the supreme court any award in favor of the

TEXT OF LAWS— MINNESOTA.

injured employee or his dependents is affirmed or modified and A t t o r n e y s ’ fees,
affirmed or if the disallowance is reversed, the court may allow
reasonable attorney’s fees incident to such review, which shall
be included as a part of the judgment order of the supreme court.
S e c . 6 5 . “ Daily wage,” as used in this act, shall mean the daily
C o m p u ta tio n o f
wage of the employee in the employment in which he was en -wages*
gaged at the time of the injury, and if at the time o f the injury
the employee is working on part time for the day, his daily wage
shall be arrived at by dividing the amount received or to be re
ceived by him for such part-time service for the day by the num
ber o f hours of such part-time service and multiplying the result
by the number of hours of the normal working day for the em
ployment involved.
S e c . 6 6 . Throughout this act the following words and phrases
D e fin it io n *
as used therein shall be considered to have the following mean
ing respectively, flnless the context shall clearly indicate a differ
ent meaning in the connection used:
(a) The word “ compensation” has been used both in parts 1
and 2 of this act to indicate the money benefits to be paid on
account of injury or death. Strictly speaking, the benefit which
an employee may receive by action at law under part 1 of this
act is damages, and this is indicated in section 1. To avoid con
fusion, the word “ compensation” has been used in both parts
of this act, but it should be understood that under part 1 the
compensation by way of damages is determined by an action at
law.
(b) “ C hild” or “ children” shall include posthumous chil
dren and all other children entitled by law to inherit as children
of the deceased, also stepchildren who were members o f the
family of the deceased at the time of his injury and dependent
upon him for support.
(c) The terms “ husband” and “ widower” are used inter
changeably and have the same meaning in this a ct
(d) The term “ employer” as used herein shall mean every
person not excluded by section 8 who employs another to per
form a service for hire and to whom the “ employer” directly
pays wages, and shall include any person or corporation, copart
nership, or association, or group thereof, and shall include State,
county, village, borough, town, city, school district and other
public employers.
(e) The term “ physician” shall include “ surgeon,” and in
either case shall mean one authorized by law to practice his
profession within one o f the United States and in good standing
in his profession at the time.
( f ) The term “ workman ” shall include the plural and all ages
and both sexes.
(g) The terms “ employee ” and “ workman ” are used inter
changeably and have the same meaning throughout this act and
shall be construed to mean:
(1 )
Every person in the service o f the State, or any county, P u b li c e m p io y city, town, village, borough, or school district therein, under any ees*
appointment or contract of hire, expressed or implied, oral or
written, but shall not include any official of the State or o f any
county, city, town, village, borough, or school district therein,
who shall have been elected or appointed for a regular term of
office or to complete the unexpired portion o f any regular term:
P rovid ed , h ow ever , That sheriffs, deputy sheriffs, constables, mar
shals, policemen, and firemen shall be deemed employees within
the meaning of this section: P rovid ed fu rth er , That where in any
city operating under a home rule charter a mode and manner o f
compensation is provided by said charter which is different from
that provided by this act, and the amount of compensation pro
vided by said charter would, if taken thereunder, exceed the
amount the employee is entitled to under this act for the same
period, he shall, in addition to his compensation under this act,
receive under said charter an amount equal to the excess in

100

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 t h e

u n it e d s t a t e s .

compensation provided by said charter over what he is entitled
to by this act; if the amount o f compensation provided by said
charter would, if taken thereunder, be equal to or less than the
amount of compensation the employee is entitled to under this
act for the same period, he shall take only under this act:
P rovid ed fu rth er , That any peace officer, other than a sheriff,
deputy sheriff, marshal, or policeman, shall be considered an
employee while engaged in the enforcement of peace or in and
about the pursuit and capture of any person charged with or sus
pected o f crime.
Aliens a n d mi( 2 ) Every person not excluded by section 8
in service of
nors*
another under any contract o f hire, expressed or implied, oral
or written, including aliens, and also including minors who are
legally permitted to work under laws o f the State, who, for the
purpose of making election o f remedy under this act, shall be
construed the same and have the same power of contracting and
electing as adult employees.
A ccid e n t.
(h ) The word “ accident” as used in the phrases “ personal
injuries due to accident ” or “ injuries or death caused by
accident ” in this act shall, unless a different meaning is clearly
indicated by the context, be construed to mean an unexpected or
unforeseen event, happening suddenly and violently, with or
without human fault, and producing at the time injury to
physical structure of the body.
(i)
“ Member” as an anatomy term in this act shall include
eye and ear as well as leg, foot, toe, hand, finger, thumb, and
arm.
“ in ju r y .”
(j) Without otherwise affecting either the meaning or inter
pretation o f the abridged clause “ personal injuries arising out o f
and in the course o f employment.” It is hereby declared:
Not to cover workmen except while engaged in, on, or about
the premises where their services are being performed, or where
their service requires their presence as a part o f such service at
the time of the injury, and during the hours o f service as such
workmen, and shall not include an injury caused by the act o f
a third person or fellow employee intended to injure the em
ployee because o f reasons personal to him, and not directed
against him as an employee, or because of his employment.
(k) Wherever in this act the singular is used the plural shall
be included; where the masculine gender is used the feminine
and neuter shall be included.
(l) “ Industrial commission ” and “ commission ” as used in
this act means the Industrial Commission o f Minnesota; and
“ commissioner ” means a member o f that commission.
O c c u p a t io n a l
Sec. 6 7 . ( 1 ) The disablement o f an employee resulting from an
d ise a se .
occupational disease described in subsection (9) o f this section,
except where specifically otherwise provided, shall be treated as
the happening o f an accident within the meaning o f part 2 of
this act, and the procedure and practice provided in such part 2
shall apply to all proceedings under this section, except where
specifically otherwise provided herein. Whenever used in this sec
tion, “ disability ” means the state o f being disabled from earn
ing full wages at the work at which the employee was last em
ployed, and “ disablement” means the act o f becoming so dis
abled.
(2 )
I f an employee is disabled or dies in his disability, or death
is caused by one o f the diseases mentioned in subsection (9) o f
this section, and the disease is due to the nature o f the corre
sponding employment, as described in such subsection, in which
such employee was engaged and was contracted therein, he or his
dependents shall be entitled to compensation for his death or for
the duration o f his disability according to the provisions o f part
2 o f this act, except as otherwise provided in this section: P ro
vid ed , h o w ever , That if it shall be determined that such em-

TEXT OF LAWS— MINNESOTA.
ployee is able to earn wages at another occupation which shall
he neither unhealthful nor injurious, and such wages do not equal
his full wages prior to the date of his disablement, the com
pensation payable shall be a percentage of full compensation
proportionate to the reduction in his earning capacity.
(3) Neither the employee nor his dependents shall be entitled
to compensation for disability or death resulting from disease
unless the disease is due to the nature of his employment and con
tracted therein within the twelve months previous to the date of
disablement whether under one or more employers.
(4) I f an employee at the time of his employment, willfully
and falsely represents in writing that he has not previously
suffered from the disease which is the cause of disability or
death, no compensation shall be payable.
(5) The total compensation due shall be recoverable from the
employer who last employed the employee in the employment to
the nature of which the disease was due and in which it was con
tracted. If, however, such disease was contracted while such
employee was in the employment of a prior employer, the em
ployer who is made liable for the total compensation as provided
by this subsection may appeal to the commission for an appor
tionment of such compensation among the several employers who
since the contraction of such disease shall have employed such
employee in the employment to the nature of which the disease
was due. Such apportionment shall be proportioned to the time
such employee was employed in the service of such employers,
and shall be determined only after a hearing, notice of the time
and place of which shall have been given to every employer alleged
to be liable for any portion o f such compensation. If the com
mission find that any portion of such compensation is payable by
an employer prior to the employer who is made liable to the
total compensation as provided by this subsection it shall make an
award accordingly in favor of the last employer, and such award
may be enforced in the same manner as an award for compen
sation.
(6) The employer to whom notice o f death or disability is to be
given or against whom claim is to be made by the employer shall
be the employer who last employed the employee during the said
twelve months in the employment to the nature of which the
disease was due and in which it was contracted, and such notice
and claim shall be deemed seasonable as against prior employers.
(7) The employee or his dependents, if so requested, shall fur
nish the last employer or the commission with such information
as to the names and addresses o f all his other employers during
the said twelve months, as he or they may possess, and if such
information is not furnished or is not sufficient to enable such
employer to take proceedings against a prior employer under sub
section (5) of this section, unless it be established that the dis
ease actually was contracted while the employee was in his em
ployment such last employer shall not be liable to pay compen
sation, or if such information is not furnished or is not sufficient
t® enable such last employer to take proceedings against other
employers under subsection (5) such last employer shall be liable
only for such part of the total compensation as under the par
ticular circumstances the commission may deem ju s t; but a false
statement in the information furnished as aforesaid shall not
impair the employee’s rights unless the last employer is prejudiced
thereby.
(8) If the employee at or immediately before the date o f dis
ablement was employed in any process mentioned in the second
column of the shedule o f diseases in subsection (9) o f this section,
and his disease is the disease in the first column of such schedule
set opposite the description of the process, the disease presump
tively shall be deemed to have been due to the nature o f that
employment.

101

102

w o r k m e n ’s c o m p e n s a t io n l a w s of t h e u n it e d s t a t e s .

Occupational
(9 )
For the purpose of this act only the diseases enumerated in
diseases enumer
column one, following, shall be deemed to be occupational diseases:
ated.
C o l u m n 1.
DESCRIPTION OF DISEASE.

DESCRIPTION OF PROCESS.

1. Anthrax.
2. Lead poisoning or its seque
lae.
3. Mercury
sequelae.

poisoning

4. Phosphorous
its sequelae.

its

poisoning

5. Arsenic poisoning
sequelae.

its

6. Poisoning by w ood alcohol.

7. Poisoning by nitro and amidoderivatives o f benzine (dinitrobenzol, a n i 1 i n , and
others) or its sequelae.
8. Poisoning by carbon bisul
phide or its sequelae.
9. Poisoning by nitrous fumes
or its sequelae.
10. Poisoning by nickel car
bonyl or its sequelae.
11. Dope poisoning (poisoning
by tetrachlor-methane or any
substance used as or in con
junction with a solvent for
acetate o f cellulose[) 1 or its
sequelae.
12. Poisoning by g o n i o m a
kamassi (A frican boxw ood)
or its sequelae.
13. Chrome ulceration
sequelae.

its

14. Epitheliomatous cancer or
ulceration o f the skin or of
the corneal surface o f the
eye, due to tar, pitch, bitu
men, mineral oil or paraffin,
or any compound, product,
or residue o f any o f these
substances.
15. Glanders.
16. Compressed air illness or its
sequelae.
17. Ankylostomiasis.

1. Handling o f wool, hair,
bristles, hides or skins.
2. Any process involving the
use o f lead or its prepara
tions or compounds.
3. Any process involving the
use o f mercury or its prepa
rations or compounds.
4. Any process involving the
use o f phosphorus or its
preparations or compounds.
5. Any process involving the
use of arsenic or its prepa
rations or compounds.
6. Any process involving the
use o f w ood alcohol or any
preparation containing w ood
alcohol.
7. Any process involving the
use o f a nitro or amidoderivative o f benzine or its
preparations or compounds.
8. Any process involving the
use o f carbon bisulphide or
its preparations or com
pounds.
9. Any process in which ni
trous fumes are evolved.
10. Any process in which nickel
carbonyl gas is evolved.
11. Any process involving the
use o f any substance as or
in conjunction with a sol
vent for acetate o f cellulose.
12. Any process in the m anufac
ture o f articles from goni
oma kamassi (A frican box
w ood ).
13. Any process involving the
use o f chromic acid or bicromate o f ammonium po
tassium, or sodium or their
preparations.
14. Handling or use o f tar,
pitch, bitumen, mineral oil,
or paraffin, or any com
pound, product, or residue
o f any o f these substances.

15. Care or handling o f any
equine animal or the car
cass o f any such animal.
16. Any process carried on in
compressed air.
17. Mining.

TEXT OF LAWS— MINNESOTA.

18. Miner’s nystagmus.
19. Subcutaneous cellulitis of
the hand (beat hand).
20. Subcutaneous cellulitis over
the patella (m iner’s beat
knee).
21. Acute bursitis over the el
bow (m iner’s beat elbow ).
22. Inflammation o f the syno
vial lining o f the wrist joint
and tendon sheaths.
23. Cataract in glass workers.

103

18. Mining.
19. Mining.
20. Mining.
21. Mining.
22. Mining.
23.

Processes in the manufac
ture o f glass, involving ex
posure, glare to molten
glass.

(10) Nothing in this section shall affect the rights o f an Diseases n o t
covered in the
employee to recover compensation in respect to a disease to enumeration.
which this section does not apply if the disease is an accidental
personal injury within the meaning of the other provisions
o f part 2 o f this act.
(11) The provisions of this section shall not apply to disa
bility or death resulting from a disease contracted prior to the
date on which this act takes effect
A ccrued claim s.
S e c . 6 8 . All rights and liabilities arising on account o f acci
dents or injuries occurring prior to the taking effect o f this
act shall be governed by the then existing law.
Provisions sev
S e c . 69. In case for any reason any paragraph or any pro
vision o f this act shall be questioned in any court o f last resort, erable.
and shall be held by such court to be unconstitutional or invalid,
the same shall not be held to affect any other paragraph or pro
vision o f this act, except that parts 1 and 2 are hereby declared
to be inseparable, and if either part be declared void or inoper
ative in an essential part, so that the whole o f such part must fail
the other part shall fall with it and not stand alone. Except
as otherwise expressly provided, part 1 o f this act shall not
apply in cases where part 2 becomes operative in accordance with
the provisions thereof, but shall apply in all other cases, and in
such cases shall be in extension or modification o f the common
law.
Repealer.
ec
Chapter
General Laws Minnesota for
and
acts amendatory thereof, and all acts and parts of acts incon
sistent with this act are hereby repealed: P r o v i d e d , h o w e v e r ,
That this act shall not be deemed to repeal chapter
Laws
o f Minnesota for
in so far as the same applies to employers
not under part 2 o f this act.
Sec. 71. This act shall take effect and be in force from and A ct in effect.
after the first day o f June, 1921.
[The follow ing statute, though o f prior enactment to the fore
going, is presumably applicable to awards thereunder and is
reproduced accordingly.]

S . 70.

467,

1913,

359,

1919,

hapter

26. —

P a y m e n t

all

o f

c o m p e n s a tio n

a w a rd s

b y

m u n ic i

p a litie s .
Preference
S e c t i o n 1. Whenever compensation has heretofore been awarded
awards.
or shall hereafter be awarded against any county, city, town,
village, or school district by any court or commission having ju ris
diction, to any injured employee, or to the dependents of any
deceased employee, under the provisions of any workmen’s com
pensation law o f this State, such compensation shall be a preferred
claim against such county, city, town, village, or school district,
and it shall be the duty o f the proper officers o f any such county,
city, town, village, or school district to pay any such claim for
workmen’s compensation at such times and in such amounts as
shall be ordered by the court or commission, out o f the general
fund o f such county, city, town, village, or school district and

104

W O RK M EN ’ S COMPENSATION LAWS OP THE UNITED STATES.

W arrants.

C onstruction.

from the current tax apportionment received by any such employer
fo r the credit o f said fund.
Sec. 2. In any and all cases where the orders or warrants of
such county, city, town, village, or school district have heretofore
been issued, or shall hereafter be issued, in payment o f any such,
compensation, and shall remain unpaid, all such orders or warrants
shall be a preferred claim and shall be paid out o f said fund,
from current tax apportionments received fo r the credit o f said
fund, in preference to any other claims for compensation arising
under said law subsequent to the issuing o f any such orders or
warrants by said employer.
Sec. 3. This act shall be liberally construed in order to effect
the prompt payment o f claims for workmen’s compensation against
any county, city, town, village, or school district by any injured
employee, or the dependents o f any deceased employee o f such
county, city, town, village, or school district.
Approved, February 11, 1921.

MISSOURI.
[The Legislature o f Missouri enacted a compensation law at
its session in 1921 (p. 425, Acts o f 1921), but like a previous
effort it was held up by a petition for referendum. It was voted
on at the regular election, November 7, 3ao2, the result being
adverse by a m ajority o f 67,617.]

MONTANA.
[The compensation law o f this State is amended by Acts o f
1921 as follow s:
Section 2 (a ) is amended by ch. 254, Acts o f 1921, by changing
the title o f the commissioner first named to “ commissioner o f
agriculture, labor, and industry.”
Section 3 (e ) is amended by ch. 196, Acts o f 1921, by adding
thereto the follow in g :]
Whenever any public corporation neglects or refuses to file Failure to file
with the industrial accident board monthly pay roll report o f its pay ro11'
employees, the board is hereby authorized and empowered to
levy an arbitrary assessment upon such public corporation in
an amount o f twenty-five dollars ($25) for each such assessment,
which assessments shall be collected in the manner provided in
this act for the collection o f assessments.
[Section 16 is amended by ch. 196, Acts o f 1921, in various sub- Benefits,
sections. Subsection (e ) is amended by increasing the burial
allowance from $75 to $125; subsection ( f ) by increasing the
allowance for medical, etc., services from $50 to $100; subsection
(g ) by adding thereto the words, “ but if disability continues six
weeks, compensation shall be paid from date o f injury ” ; and
subsection (i) by adding to the schedule, “ Total loss o f hearing'
o f both ears, 120 weeks.”
Section 4 0 (b ) is amended by the same act by adding the w ords:
“ P r o v i d e d , That in no case shall any assessment levied under
4
the provisions o f this act be for a less amount than two and oneh alf dollars ($2.50).”
Section 40 (k ) is amended so as to read as fo llo w s :]
ec
(as amended by ch.
Acts o f
The treasurer o f the board shall invest such reserve in bonds o f the
United States, bonds o f the State o f Montana, or bonds o f any
county, city, or school district in the State o f Montana, or any
other security which may be approved by said board, and out
o f the same and its earnings shall be paid the monthly install
ments, and any lump sum, then or thereafter arranged f o r : P r o
v i d e d , h o w e v e r , That when there is sufficient money in the indus
trial accident fund to meet such compensation payments, any
surplus remaining may be placed in the industrial reserve fund
and invested by the board in the securities specified in this sec
tion.

S . 40 (k)

396,

1921).

investments,

105

NEBRASKA,
[The compensation law o f this State was amended by ch. 122,
Acts o f 1921. Section 106, subsection (3 ), was amended so as to
read as fo llo w s :]
“ Casual” w ork(3 ) It shall not be construed to include any person whose emersployment is casual and which is not in the usual course o f the
trade, business, profession, or occupation o f his employer. The
term “ casual ” shall be construed to mean “ occa sion al; coming
at certain times without regularity, in distinction from stated
or regular.”
M edical, etc.,
[Section 111 is amended by striking out the lim itation o f $200
ald*
fo r medical and hospital services, and substituting therefor the
words, “ subject to the approval o f the compensation commis
sioner, not, however, to exceed the regular charge made fo r such
service in similar cases.”
Section 112 is amended by making the opening paragraph o f
subsection (3 ) read as fo llo w s :]
Schedule bene(3) F or disability resulting from permanent injury o f the folfits additional.
^ w in g classes, > the compensation shall be in addition to amount
/
paid fo r temporary disability: P r o v i d e d , h o w e v e r , The compensa
tion for temporary disability shall cease as soon as the extent o f
the permanent disability is ascertained, v i z :
[Section 115 is amended by making 18 instead o f 16 the age
lim it for the dependency o f children.
Section 131 is amended by changing the sentence in the third
paragraph which read “ If, after such inquiry, the court finds said
settlement fair, just,” etc., so as to re a d : “ If, after such inquiry,
the court finds said settlement is made in conform ity with the
compensation schedule,” etc.
Section 132 is amended by adding thereto the follo w in g :]
F i n a l settleP r o v i d e d , h o w e v e r , No settlement shall be final unless it be in
ments.
conform ity with the provisions o f this article, a finding by the
compensation commissioner, the district court, or any appellant
[appellate] court.
[Section 133 is amended by striking out the w ords “ to the
court,” in paragraph (b ).
Section 137 is amended by inserting as its opening w ords “ ex
cept governmental agencies.”
Section 143 is amended by striking out paragraph (b ) , defining
the State insurance commissioner. Former paragraphs (g ) and
(h ) are given the letters ( f ) and (g ), respectively.
The amendatory act o f 1921 (ch. 221) contains as its second
section a reproduction without change o f sec. 27 o f ch. 85, Acts o f
1917.]
106

NEVADA,
[The compensation law o f this State is amended by chs. 161 and
218, Acts o f 1921. The changes are noted below.
Section 7$ is amended by ch. 218, by adding to paragraph (b )
the fo llow in g :]
A n d p r o v i d e d f u r t h e r , That volunteer fireman, while engaged in
Volunteer firetheir duties as such, belonging to a regularly organized and recog- men*
nized volunteer fire department, shall be deemed, for the purpose
o f this act, employees o f the city or town so recognizing them at
the wage o f one hundred and fifty dollars per month, and shall be
entitled to the benefits o f this act upon such city or town comply
ing therewith.
[Section 25 is amended by ch. 161 by adding to the first sentence
o f paragraph 2 subsection ( B ) , the follow in g :]
P r o v i d e d , In cases o f permanent total disability, i f the character
attendant reo f the injury is such as to render the workman so physically h e lp -quired*
less as to require the services o f a constant attendant, an addi
tional allowance o f thirty ($30) dollars per month may be made
so long as such requirements shall continue, but such increase
shall not obtain or be operative while the workman is receiving
hospital care under or pursuant to the provisions o f section 23 o f
this act.
[An error in printing is also corrected in this section, second
sentence o f item (w ), paragraph 2, subsection (C ). It now
rea d s:]
For the purpose o f computing compensation fo r a disability that C o m p u t i n g
is partial in character but permanent in quality, fifty (5 0 % ) per compensation,
cent o f the average monthly wage, not to exceed the sum o f sixty
($60) dollars per month for the period o f one (1 ) month shall
represent a one (1 % ) per cent disability.

NEW HAMPSHIRE,
[The law o f this State was not directly amended by any act o f
the legislature o f 1921, but a supplemental law (ch. 44) was
enacted providing fo r the supervision and regulation o f rates for
workmen’s compensation insurance. Proposed rates and classi
fications must be filed with the insurance commissioner o f the
State and must be approved by him before being used. Approved
rates must be observed, though provision may be made fo r
schedule or merit rating.
Another act (ch. 179) provides for an investigative commission,
as fo llo w s :]
C h apter

179.— C

o m m is s io n

to
in v e s tig a te
s a tio n , e tc .

w o r k m e n ’s

c o m p e n

The governor, w ith the advice and consent o f the council, on or C o m m i s s i o n
before July 1, 1921, shall appoint a commission o f five members created,
who shall serve without compensation and who after proper inves
tigation shall report to the next legislature their findings and
recommendations in regard to a revision o f laws relating to em
ployers’ liability and workmen’s compensation.
In addition to the findings and recommendations o f said com
mission, their report shall include a draft o f such bill or bills as
said commission may recommend for enactment by the legislature.
Approved, April 8, 1921.

107

•

NEW JERSEY.

Medical a n d
hospital service.

Disputes.

[The compensation law o f this State was amended by Acts
o f 1921 and 1922, as noted below.
Section 12 was amended by ch- 85, Acts o f 1921, by striking
out paragraph (1), which excluded alien nonresidents as bene
ficiaries.
Section 14 is amended so as to read as fo llo w s : ]
14 (as amended by ch. 245, Acts o f 1922). The employer shall
furnish to the injured workman such medical, surgical, and
other treatment, and hospital service as shall be necessary to
cure and relieve the workman o f the effects o f the injury and
to restore the functions o f the injured member or organ where
such restoration is possible: P r o v i d e d , h o w e v e r , That the em
ployer shall not be liable to furnish or pay for physicians’ or
surgeons’ services in excess o f fifty dollars, and in addition to
furnish hospital services when necessary in excess o f fifty dol
lars, unless the injured workman or the physician who treats
him, or any other person on his behalf, shall file a petition with
the workmen’s compensation bureau stating the need for such
physician’s or surgeon’s services in excess o f fifty dollars, as
aforesaid, and such hospital service or appliances in excess o f
fifty dollars, as aforesaid, and the workmen’s compensation
bureau after investigating the need o f the same and giving the
employer an opportunity to be heard, shall determine that such
physician’s and surgeon’s treatment and hospital services are
or were necessary, and that the fees for the same are reasonable
and shall make an order requiring the employer to pay for or fu r
nish the same. I f the employer shall refuse or neglect to comply
with the foregoing provisions o f this paragraph, the employee
may secure such treatment and services as may be necessary
and as may come within the terms o f this paragraph, and the
employer shall be liable to pay th erefor: P r o v i d e d , h o w e v e r , That
the employer shall not be liable for any amount expended by
the employee or by any third person on his behalf for any such
physician’s treatment and hospital services, unless such em
ployee or any person on his behalf shall have requested the
employer to furnish the same and the employer shall have re
fused or neglected so to do, or unless the nature o f the injury
required such services, and the employer or his superintendent
or foreman, having knowledge o f such injury shall have neglected
to provide the same, or unless the injury occurred under such
conditions as make impossible the notification o f the employer,
or unless the circumstances are so peculiar as shall justify, in
the opinion o f the workmen’s compensation bureau, the expendi
ture assumed by the employee for such physician’ s treatment
and hospital services, apparatus, and appliances. A ll fees and
other charges for such physician’s and surgeon’s treatment and
hospital services shall be reasonable and based upon the usual
fees and charges as prevail in the same community for similar
physicians’, surgeons’, and hospital services.
[Section 14 (a ) is amended by ch. 245, Acts o f 1922, by striking
out the words “ four weeks ” in the first sentence.
Section 18 is amended so as to read as fo llo w s :]
18 (as amended by ch. 230, Acts of 1921). In case o f a dispute
over or failure to agree upon a claim for compensation between
employer and employee, or the dependents o f the employee, either
party may submit the claim, both as to the questions o f fact, the
nature and effect o f the injuries, and the amount o f compensation

108

TEX T OF LAW S— N E W JERSEY,

109

therefor according to the schedule herein provided, to the work
men’s compensation bureau, as prescribed in paragraph five o f
the supplement to this act, approved February twenty-eighth, one
thousand nine hundred and eighteen, as .chapter 149.
[Section 20 is amended so as to read as fo llo w s :]
20 (as amended by ch. 230, Acts o f 1921). (a ) Procedure in P r o c e d u r e .
case o f dispute shall be in accordance with the provisions o f a
supplement to this act, approved February twenty-eighth, one
thousand nine hundred and eighteen, as chapter 149.
(b )
No agreement between the parties fo r a sum other than
that which may be determined to be due by the commissioner,
deputy commissioner, or referee, or the judge o f the court o f
common pleas upon appeal shall operate as t. bar to the deter
mination o f a controversy upon its merits, or to the award o f a
different sum, i f it shall be determined by the said commissioner,
deputy commissioner, referee, or judge that the amount agreed
upon is less or more than the injured employee or his dependents
are properly entitled to receive.
[Section 23 is amended by ch. 230, Acts o f 1921, by adding a
new paragraph ( i ) , as fo llo w s :]
( i)
T o calculate the number o f weeks and fraction thereofComputation of
that compensation is payable for temporary d isab ility; determine
uin“ull‘
the number o f calendar days o f disability from and including as
a fu ll day the day that the employee is first unable to continue
at work by reason o f the accident, including also Saturdays,
Sundays, and holidays, up to the first working day that the em
ployee is able to resume work and continue permanently thereat
Subtract from this number the waiting period and any days and
fraction thereof the injured was able to work during this time,
and divide the remainder by seven. The resulting whole number
and sevenths w ill be the required period for which compensation
is payable on account o f temporary disability.
I nsurance

C o m p e n s a t io n .

[The workmen’s compensation insurance act (ch. 178, Acts o f
1917) is amended by ch. 272, Acts o f 1921.
Section 2 o f article 1 is amended by striking out the last tw o
sentences and amending the last clause o f the preceding sentence,
so as to read as fo llo w s :]
“ And he shall, upon demand by the commissioner o f banking
and insurance, personally or in writing,* mailed to the post-office
address o f the employer by registered mail, file with the com
missioner o f banking and insurance proof on such form s as he
may prescribe.”
[Section 5 is amended so as to read as fo llo w s :]
S e c . 5 (as amended by ch. 272, Acts o f 1921). Any employer
who shallAfail to provide the protection prescribed in this act
shall be liable to a penalty for each violation thereof in the sum
o f tw o hundred dollars, and all costs o f suit. The penalties pro
vided by this act shall be sued for and collected by the com
missioner o f banking and insurance, in an action upon contract,
in the nature o f an action fo r debt, in the name o f the S tate; the
first process against any person may be capias ad respondendum,
and any person against whom any judgment shall be obtained
shall be committed to the county ja il until such penalty add costs
are paid.
W

orkmen’s

Filing; proof,

J[ailure to in“
'

C o m p e n s a t io n B u r e a u .

[The act creating a workmen’s compensation bureau (ch. 149,
A cts o f 1918) is amended by ch. 229, Acts o f 1921. Sections 5,
6, 10, 11, 12, 13, and 19 are amended and a new section 23 added,
so as to read as fo llo w s :]
S e c . 5 (as amended by ch. 229, Acts o f 1921). Every claimant for
Clalm within
compensation under the act to which this act is a supplement,0116 year’
32860°— 23------8

110

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 t h e u n it e d s t a t e s .

or its supplements or amendments, shall, unless a settlement is
effected or a petition filed under the provisions o f section four,
file a petition in duplicate with the secretary 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 of such agreement; or
in case a part o f the compensation has been paid by such em
ployer, then within one year after the last payment o f compensa
tion. A payment or agreement to pay by the insurance carrier,
shall for the purpose o f this section be deemed a payment or
agreement by the employer. The petition shall state the re
spective addresses o f the petitioner and o f the defendant, the
facts relating to employment at the time o f the injury, the injury
in its extent and character, the amount o f wages received at the
time o f injury, the knowledge o f the employer or notice o f the
occurrence of said accident, and such other facts as may be
necessary and proper for the inform ation o f the said bureau,
and shall state the matter or matters in dispute and the con
tention o f the petitioner with reference thereto. This petition
shall be verified by the oath or affirmation o f the petitioner.
Proceedings on behalf o f an infant shall be instituted and exe
cuted by a guardian, guardian ad litem, or next friend, and
payment, if any, shall be made to such guardian, guardian ad
litem, or next friend. Said bureau shall prepare and print form s
o f petitions and shall furnish assistance to claimants in the
preparation o f such petitions when requested so to do.
Sendee of pe- S e c . q ( as amended by ch. 229, Acts o f 1921). W ithin five days
tition.
after the filing o f such petition or as soon thereafter as is prac
ticable, the secretary shall cause a copy o f 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 notice directing the
employer to file his answer thereto with the secretary o f said
bureau within ten days after the service o f such notice, unless
the bureau for good cause shall grant further time, which answer
shall give, the address o f the respondent and admit or deny the
substantial averments o f the petition and shall state the conten
tion of the defendant with reference to the matters in dispute as
disclosed by the petition. The answer shall be verified by the
oath or affirmation o f the tespondent and shall be filed in duplicate.
Procedure.
S e c . 10 (as amended by ch. 229, Acts of 1921). The procedure
for the determination of claims by said bureau, except as herein
otherwise provided, shall be conducted in the manner provided by
this act and the act to which this act is a supplement and its
supplements and amendments. The commissioner o f labor, each
deputy commissioner, and each referee is hereby authorized to
hear and determine the matter in dispute in a summary manner,
and each shall have power under the act to which this act is a
supplement to m odify any award o f compensation and to provide
for the commutation o f any such award.
Statement.
S e c . 11 (as amended by ch. 229, Acts o f 1921). A statement
containing the date and place o f hearing, together with the judg
ment o f the commissioner, deputy commissioner, 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 such cause, which
statement, together with the petition and answer, shall constitute
the record o f the cause. . A copy o f the judgment o f the commis
sioner, deputy commissioner, or referee, if such 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 rendered in causes tried in the court
o f common pleas. The employer may once every month file receipt
o f payment, verified by affidavit that the receipts are accurate and

TEXT OF LAWS— N EW JEKSEY,

111

true, with the clerk o f the court, which shall be entered in satis
faction o f the judgment to the extent of such payments. The
official conducting the hearing shall, within fifteen days after the
rendering of the judgment, mail to each o f the parties a statement
o f the substance of such judgment. The judgment of the said
bureau shall be final and conclusive between the parties and shall
bar any subsequent action or proceeding, unless reopened by the
said bureau or appealed as hereinafter provided.
S e c . 12 (as amended by ch. 229, Acts o f 1921). The secretary
Docket,
o f said bureau shall keep a docket in which shall be entered the
title o f each cause, the dote of the determination thereof, the
date o f appeal, if any, and the date on which the record in case of
appeal was transmitted to the appellant. The secretary shall
also file the record of each case left with him by the official con
ducting the hearing, and shall keep a card index of such record
in such manner as to afford ready reference thereto. Such rec
ords shall be open to the inspection of the public.
S e c . 13 (as amended by ch. 229, Acts o f 1921). The commisPow er o f com sioner o f labor, each deputy commissioner and each of the ndssi°Ber» etc.
referees shall have the same power as the court o f common pleas
to issue subpoenas to compel the attendance of witnesses and the
production of books and papers. The fees for 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 of such witnesses. Such subpoenas
shall be authenticated by the seal o f the department of labor,
and either party to any such proceeding may, without: charge,
secure subpoenas from the commissioner o f labor, a deputy com
missioner, or any referee. Misconduct on the part o f any person
attending a hearing, or the failure o f any witness, when duly sub
poenaed, 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.
S e c . 19 (as amended by ch. 229, Acts o f 1921). Either party
Appeals,
may appeal from the judgment o f said commissioner, deputy com
missioner, or referee to the court o f common pleas o f the county
in which hearing was held, by filing with the secretary o f said
bureau, and with the clerk o f the county where such hearing was
held, a notice o f appeal. Such notice shall be filed within thirty
days after such judgment has been rendered and shall briefly de
scribe such judgment and state the intention of the party to ap
peal therefrom. The filing o f such notice shall stay the execu
tion of the judgment until the determination or dismissal o f said
appeal. The appellant shall, within fifteen 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 was held, a transcript
o f the record and testimony in said cause, which transcript shall
be prepared by said appellant and submitted to the secretary o f
the bureau for certification. Within five days after the filing o f
said transcript, the judge o f the court o f common pleas, upon the
application of the appellant, shall fix a time and place for the
hearing of said appeal, at least ten days’ notice o f which shall be
served upon the respondent by the appellant. The trial o f such
appeal shall be based exclusively on the transcript o f the record
and testimony, and at the time fixed for the hearing, argument
may be presented by each side to the said judge, who shall in a
summary manner decide the merits of the controversy, and the
judgment of the court of common pleas on any such appeal shall
be conclusive and binding. This determination shall be filed in
writing with the clerk of the common pleas court, and judgment
shall be entered thereon in the same manner as in causes tried in
the court of common pleas. Subsequent proceedings thereon shall
only be for the recovery o f moneys thereby determined to be d u e :
P r o v i d e d , That nothing herein contained shall be construed as
limiting the jurisdiction of the supreme court to review questions
o f law and fact by certiorari. Costs may be awarded by said

112

W O R K M E N ’ s CO M PENSATION LA W S OP T H E U N ITED STATES,

Who may
deputies.

judge in his discretion, and when so awarded the same costs shall
be allowed, taxed, and collected as are allowed, taxed, and col
lected for like services in the common pleas courts. In case the
respondent in said appeal is unable to pay counsel the judge o f
the court o f common pleas shall assign counsel to represent such
respondent. Any such appeal may be dismissed by the judge o f
the court o f common pleas if the transcript o f the record and
testimony is not transmitted, or if the appeal is not prosecuted
in accordance with the provisions o f this act.
be
ec 23 ( added by ch. 229, Acts o f 1921). Any referee who is a
counselor at law duly admitted to practice by the Supreme Court
o f the State o f New Jersey, and who has served as a referee in
said bureau fo r not less than two years, may at the discretion of
the commissioner o f labor, as chairman o f the bureau, be certified
to the civil service commission as eligible for examination fo r the
position o f deputy commissioner o f compensation, and upon suc
cessfully passing such examination, he may be advanced to said
office as a member o f the workmen’s compensation board, which
shall be composed o f the commissioner o f labor, the deputy com
missioners o f compensation now holding office under the pro
visions o f paragraphs one and two o f this act, and any additional
deputy commissioner appointed under this paragraph.

S .

eath

it h o u t

epen d en ts.

pThe act providing for a contribution to the administrative
fund in cases o f death without dependents (ch. 203, Abts o f 1918,
amended by ch. 101, Acts o f 1919) having been held unconstitu
tional (Bryant v . Lindsay, 110 Atl. 823) the legislature o f 1922
(ch. 32) provided for tlie return o f the money collected and held
under this act, which was approximately $25,000.]
P

h y s ic a l

x a m in a t io n s .

[The follow ing supplemental law was also enacted in 1922:]
C hapter
Female physi
cians.

39 . —

P h y s ic a l

e x a m in a tio n

o f

fe m a le

c la im a n ts .

In all cases under this act where it shall be necessary to make a
physical examination o f a female employee in an inquiry to award
compensation, such examination shall be made by a fem ale
physician if the same is requested by such female employee.
Approved March 2, 1922.

NEW MEXICO.

Schedule.

Waiting time.

[The compensation law o f this State is amended by ch. 184,
Acts o f 1921.
Section 17 is amended by increasing the schedule benefit for
loss o f a second finger at the distal joint to 8 weeks instead o f 5 ;
o f a third finger at the distal join t to 8 weeks instead o f 4 ;
o f a fourth finger at the proxim al joint to 12 weeks instead o f 9 ;
o f a fourth finger at the second join t to 8 weeks instead o f 6 ;
o f a fourth finger at the distal joint to 6 weeks instead o f 3 ; o f a
toe (other than great toe) at the proxim al joint to 8 weeks instead
o f 6 ; and o f a toe (other than great toe) at second or distal joint
6 weeks instead o f 3.
Section 18 is amended by reducing the w aiting period from 14
days to 10 days. The period o f medical treatment is similarly
reduced, but the maximum amount is increased from $50 to
$150.]

NEW YORK.
[The compensation law o f this State was the subject o f various
amendments in 1920 and 192% In 1922 the law was revised in
arrangement and amended in various details, the changes being
so numerous as to make an entire reprint desirable.]
ACTS OF 1922.
C

hapter

615. —

C o m p e n s a tio n

o f

w o r k m e n

fo r

in ju r ie s

S e c t i o n 1. This chapter shall be known as the “ workmen’s
compensation law.”
S e c . 2. As used in this chapter, 1. “ Hazardous employment ”
means a work or occupation described in section three o f this
chapter.
2. “ Department ” means the department o f labor o f the State
o f New Y o r k ;
“ Commissioner ” means the industrial commissioner o f the
State o f New Y ork ;
“ Board ” means the industrial board o f the State o f New York.
3. “ Employer,” except when otherwise expressly stated, means
a person, partnership, association, corporation, and the legal rep
resentatives o f a deceased employer, or the receiver or trustee o f a
person, partnership, association, or corporation employing work
men in hazardous employments, including the State and a munici
pal corporation or other political subdivision thereof.
4. “ Employee ” means a person engaged in one o f the occupa
tions enumerated in section three or who is in the service o f an
employer whose principal business is that o f carrying on or con
ducting a hazardous employment upon the premises or at the
plant, or in the course of his employment away from the plant o f
his em ployer; and shall not include farm laborers or domestic
servants.
5. “ Employment ” includes employment only in a trade, busi
ness, or occupation carried on by the employer for pecuniary gain,
or in connection therewith, except where the employer and his em
ployees have by their joint election elected to become subject to
the provisions o f this chapter as provided in section three.
6. “ Compensation ” means the money allowance payable to an
employee or to his dependents as provided for in this chapter, and
includes funeral benefits provided therein.
7. “ Injury ” and “ personal injury ” mean only accidental in
juries arising out o f and in the course o f employment and such
disease or infection as may naturally and unavoidably result
therefrom.
8. “ Death ” when mentioned as a basis for the right to com
pensation means only death resulting from such injury.
9. “ Wages ” means the money rate at which the service ren
dered is recompensed under the contract o f hiring in force at the
time o f the accident, including the reasonable value o f board,
rent, housing, lodging, or similar advantage received from the
employer.
10. “ State fund ” means the State insurance fund provided for
in article five o f this chapter.
11. “ Child ” shall in clu d e a posthumous child, a child legally
adopted prior to the injury o f the employee, and a stepchild or
acknowledged illegitimate child dependent upon the deceased.

Short title.
Definitions.

113

114

w o r k m e n ’s c o m p e n s a t io n l a w s of t h e u n it e d s t a t e s .

12. “ Insurance carrier ” shall include the State fund, stock
corporations, or mutual associations with which employers have
insured, and employers permitted to pay compensation directly
under the provisions of subdivisions three or fou r o f section fifty.
13. “ M anufacture,” “ construction,” “ operation,” and “ instal
la tio n ” shall include “ repair,” “ demolition,” “ fabrication,” and
“ alteration,” and shall include all work done in connection with
the repair o f plants, buildings, grounds, and approaches o f all
places wThere any o f the hazardous employments are being carried
on, operated, or conducted.
Employments Sec. 3. 1. Hazardous employments. Compensation shall be payveredable for injuries or death incurred by employees in the follow ing
em ploym ents:
Group 1. Canning of. F is h ; F oodstu ffs; F r u it; Vegetables.
Group 2. Care of. B u ildings; G rounds; Trees.
Group 3. Construction of. B ridg es; Buildings ; Car shops ; Con
duits ; C u rbs; D a m s; D yn am os; Electric light and power lines or
appliances; Electric ra ilw a ys; H igh w ays; Incline ra ilw a y s; Ma
chine shops; M anufacturing plants; Power plants; R a ilw ays;
Sewers ; Sidewalks ; Steam p la n ts; Steam railways ; Steel bridges
and bu ildin gs; Street ra ilw a y s; Structures o f all k in d s; Sub
aqueous w o rk s; Subw ays; Telegraph lin e s; Telephone lines.
Group 4. Installation of. B oilers ; Dynamos ; Electric light and
power lines or appliances; E leva tors; Engines, station a ry; Fire
escapes; Heating apparatus; Lighting apparatus; Machinery,
h ea v y ; P ip es; Telephones.
Group 5. Laying of. Cables; Pipes; T iles; Wires.
Group 6. Manufacture of. A c id s ; Adding m achines; Aero
planes ; Agricultural im plem ents; A ir c r a ft; A lco h o l; A m m on ia;
Am m unition; A n ch ors; Artificial ice or ston e; A sbestos; A sp h alt;
Asphalted p a p er; Autom obiles; Baby carriages, t o y ; Bags, cloth
and p a p er; B a rrels; B askets; Beds ; Bedsprings ; B eltin g ; Bi
cycles ; B iscu its; Blacking or polish for sh oes; B lan kets; Boats,
s m a ll; B oilers; B o lts; Bone a rticles; B o o ts; B o x e s ; B r ic k ;
Brooms ; Brushes ; Butter ; B u ttons; C ables; Calcium ca rb id e;
Cameras and supplies ; Candles ; Candy ; Canoes ; Canvas ; Caps ;
Cardboard b o x e s; C arpets; Carpet sw eepers; Carriage m ountings;
C arriages; Cash registers; Castings; Cattle fo o d s ; C elluloid;
Cement; Cereals; Charcoal; Cheese; Cheese b oxes; Chemical
preparations, noncorrosive ; Chem icals; Cigarettes ; Cigars ; C loth ;
C loth ing; Coffins ; C ollars; Color ; Concrete blocks ; Condim ents;
C onfectionery; C ordage; Corrosive acids or sa lts; Corrugated
paper boxes ; Corsets ; Crackers ; Cutlery ; D airy products ; D oor
screens; Doors ; D ru g s; Dyes ; Electric fixtures ; Elevators ; En
gines, heavy and traction ; E x celsior; Explosives ; Extracts ; Fab
rics ; Fabrics, articles fr o m ; F e lt ; F ertilizers; F ib re ; Films for
pictu res; F irearm s; Fireproofing; Fixtures, water, gas or e lectric;
Foodstuffs ; F orgin gs; F u rn aces; F u rn itu re; Furs ; Gas fixtu res;
G ases; G asoline; G elatine; G lass; Glass products and w a re s;
G loves; G lu e; Gold w a r e ; G unpow der; Hardware ; H arn ess;
H a ts ; H eadings; Hemp or manila prod u cts; Hose, ru b b er; H o
siery; Ice, artificial; Ice cream.; In k ; Implements, agricultural;
Instruments ; Interior w ood w ork ; Iron, stru ctu ral; Ivory a rticles;
Ja pan s; J ew elry ; K e g s ; Leather goods and p rod u cts; Light ma
chines ; L iq u ors; Locom otives; M achinery; Machines, adding,
light and threshing; Malt liq u ors; Manila or hemp prod
ucts ; M altesses; M attresses; Meat p rodu cts; M eats; M edicines;
Men’s clothing; Metal articles, beds, instruments, toys, utensils,
and w a res; Metal products, sh eet; Metal, stru ctu ral; Milk prod
ucts ; Mineral w a te r ; Motor vehicles; M ouldings; Moving-picture
films and m achines; N a ils; O il; O rgans; P a in t; P a p e r; Paper
b o x e s; Paper, tarred, pitched, or asphalted; P a s te ; Paving blocks
and m aterial; Perfumes ; Petroleum and products th e re o f; Pharma
ceutical preparations; Photographic cameras and supplies; P ia n os;
P ip e s; Pitched p a p er; Plaster, compounds o f ; Plated w a r e ; Polish

TE X T 0 E LAW S— X E W YORK.

for sh oes; P orcela in ; P o tte ry ; Printers’ ro lle rs; Printing in k ; Py
roxylin and its compounds and pla stics; R a ils ; Rattan w a r e ;
Registers, cash ; Robes ; Ropes ; Rubber g o o d s; Saddlery; S a fe s;
Salts, or acids, corrosive; Sanitary fixtures; Screens, window
and d oor; Screw s; Shades, w indow ; Shafting; Sheet metal and
products th e re o f; Shell a rticles; S h irts; Sh oddy; Shoe blacking
or polish ; Sh oes; Silverw are; Sleighs ; Soaps ; Socks ; Soda w a te r;
Spices; Spirituous liquors; Spokes; Stationery; Staves; Steel,
structural; Stockings; Stone, artificial; Stoves; Structural steel,
ii on or m eta l; Sweepers, ca rp et; T a r ; Tarred p a p er; Terra-cotta ;
T e x tile s; Textiles, articles fr o m ; T h rea d ; Threshing m achines;
Tile ; Tires, rubber ; Tobacco, and products th ereof; Toilet prepara
tions ; T o o ls ; Toys, metal and w ooden ; Traction engines; T ru n ks;
Tubing, metal and ru b ber; Tubs ; Turpentine ; T ypew riters; Um
brellas ; Utensils; Valises; V arnish; V ats; V ehicles; Veneer;
W agons; W allpaper; W ater fixtures; Waters, mineral or sod a;
W a x ; W hite w are; W icker w are; W indow screens and shades;
W in e; W ire and wire goods; Women’s clothing; W ooden articles;
W oodwork, interior; Yarn.
Group 7. Operation of. A eroplanes; Air c r a ft ; B a rg es; B o a ts;
Boilers, station ary; Cables, telegraph; Car sh ops; C a rs; D ynam os;
Electric light and power lines or appliances; Electric ra ilw a ys;
Electric vehicles, rollers and en gin es; Elevators, freight, passen
ger, and g ra in ; Engines, stationary and tra ction ; Gas vehicles,
rollers and en gin es; Gas w e lls; Gasoline vehicles, rollers and en
gines ; Grain elevators; Hand tru ck s; Horse-drawn vehicles,
rollers and engines; Incline railw ays; Lighters; Machine shops;
Oil w ells; Plants, power and other; R ailw ays; R ollers; Ships;
Stationary engines and boilers; Steam plants; Steam railw ays;
Street railways ; Telegraph lin e s; Telephone lin es; Threshing ma
chines ; Traction engines ; Transports ; T ru ck s; Tug boats ; Vehi
cles ; Vessels; W agons; Waterworks.
Group 8. Preparation of. F is h ; F oodstu ffs; F r u it; G elatine;
Meat Stuffs; M eats; M etals; M inerals; Paste; Vegetables; W ax.
Group 9. Removal of. Ashes ; Awnings ; Garbage ; Snow.
Group 10. Sinking of. D rilled w ells; Gas w ells; Oil w ells;
Salt wells.
Group 11. Storage or handling of. A m m unition; C argoes; Cor
rosive acids or sa lts; Chem icals; E xplosives; G asoline; Gun
pow der; Ic e ; Petroleum.
Group 12. W ork as. B a rb ers; Blacksmiths ; Carpenters; Chauf
feu rs; D rivers; Fu rriers; Garbage sorters; H orseshoers; Jani
tors ; Life guards ; Longshoremen ; Marble w ork ers; Masons ; M ov
ers ; Sheet-metal w ork ers; Team sters; Theatrical electricians,
flymen, lamp operators, moving-picture machiners, property men,
stage carpenters, and stage hands.
Group 13. W ork at. Awning erection ; B lastin g; B leachin g;
Boiler coverin g; B ookbinding; Booming timber or lo g s ; B ottlin g ;
B ricklayin g; Building, care, maintenance and sa lvage; Cable lay
ing or repair, underground; C anning; C arpentry; Clam cultivat
ing, harvesting, opening, or planting; Cleaning clothes, streets,
windows, or buildin gs; Concreting; Cork cu ttin g ; D ecoratin g;
D isinfecting; D redging; D yeing; E lectrotyping; Em bossing; En
graving; E xcavation; Glazing; Grave digging; H eating; Ice dis
tribution, harvesting, or stora ge; Landscape gardening; L igh tin g;
Lithographing; Logging; Lumbering, except operations solely for
the production o f firewood on farm lands, in which not more than
four persons are engaged by a single em ployer; Marble cutting;
Marine w recking; M illing; M ining; M ultigraphing; Oyster culti
vation, planting, harvesting, or opening; Ore reduction ; P ain tin g;
P apering; P avin g; Photo-engraving; Picture han gin g; Pile driv
in g; Pipe covering; Plastering; Plum bing; Printing; R a ftin g ;
R en ovating; River g i v i n g ; Road bu ildin g; Roofing ; Salvaging o f
buildings or contents; Sea food cultivation, harvesting, or plant
ing ; Shaft sinkin g; Ship bu ildin g; Sm elting; Stereotyping; Stone

115

116

w o r k m e n ’s

COMPENSATION LAWS o r THE UNITED STATES.

crushing, cutting, dressing, grinding, or setting; Storage o f all
kinds and storage for h ir e ; Street cleaning or construction ; Struc
tural carpen try; Subaqueous construction ; Subway construction ;
Tree moving, planting, trimming, and surgery; Tunneling; Un
dertaking; Upholstering; W arehousing; W ell digging or drilling;
W indow cleaning; Wrecking, marine.
Group 14. W ork in : A battoirs; Bakeries; Bark m ills; Board
ing stab les; B rew eries; C aissons; Clay p it s ; Coal y a r d s; Com
pressed-air com partm ents; Dining c a r s ; D istilleries; Express
c a r s ; Fish m arkets; F lax m ills; F ou ndries; G arages; Garbage
plants; Gravel p its; Groceries, w holesale; Hotels having fou r or
more workmen or operatives; Junk dealers’ p la ce s; K nitting fa c
to r ie s ; Laboratories; Lath m ills; Laundries, p ow er; Life-saving
station s; Lime k iln s; Livery stables; Lumber* y a r d s ; Machine
sh op s; Markets, fish, meat, p ou ltry ; Meat m arkets; Packing
houses ; Paper m ills; Parlor c a r s ; Pickle fa c to r ie s; Planing m ills ;
Poultry m arkets; Printing plants; Pulp m ills; Quarries; Rolling
m ills ; Sales stab les; Sand p it s ; Sash and door fa c to r ie s; Saw
mills ; Sewage-disposal p la n ts; Shale p it s ; Shingle m ills : Sleeping
c a r s ; Spinning m anufactories; Stables, livery, boarding, or sa les;
Storage w arehouses; Sugar refineries; T an n eries; W eaving manu
factories; Wholesale groceries.
Group 15. Employment as a keeper, guard, nurse, or orderly in
a prison, reform atory, insane asylum, or hospital maintained or
operated by the State or a municipal corporation or other subdi
vision thereof, notwithstanding the definitions o f the terms “ em
ployment,” “ employer,” or “ employee ” in subdivisions three,
four, and five o f section two o f this chapter.
Group 16. Employment as a district forest ranger, forest
ranger, observer, chief railroad inspector, game protector, inspec
tor, forester, land appraiser, surveyor, assistant on survey, engi
neer, or assistant on construction work, by the State, notwith
standing the definitions o f the terms “ employment,” “ employer,”
or “ employee ” in subdivisions three, four, and five o f section two
o f this chapter.
Group 17. An employment enumerated in the foregoing groups
and carried on by the State or a municipal corporation or other
subdivision thereof, notwithstanding the definition o f the term
“ employment ” in subdivision five o f section two o f this chapter.
Group 18. A ll other employments not hereinbefore enumerated
carried on by any person, firm, or corporation in w hich there are
engaged or employed four or more workmen or operatives regu
larly, in the same business or in or about the same establishment,
either upon the premises or at the plant or away from the plant o f
the employer, under any contract o f hire, express or implied, oral
or written, except farm laborers and domestic servants.
Group 19. An employer may bring an employment that is not
listed in this section within the coverage o f this chapter by secur
ing compensation to his employee or employees engaged in such
employment in accordance with section fifty o f this chapter.
Any employee in the service o f such employer shall be deemed
to have accepted and shall be subject to the provisions o f this
chapter, and any act amendatory thereof, if at the time o f the
accident for which liability is claimed the employee shall not at
the time o f entering into his contract o f hire have given to
his employer notice in w riting that he elects not to be subject
to the provisions o f this chapter and filed a copy thereof with
the com m issioner; or in the event that such contract o f hire
was made in advance of election o f the employer, such employee
shall not have given to his employer and filed w ith the commis
sioner, within twenty days after such election, notice in w riting
that he elects not to be subject to such provisions. A minor
employee shall be deemed sui ju ris for the purpose o f making such
an election.
Occupational
2 * Compensation shall be payable for disabilities sustained or
diseases.P
death incurred by an employee resulting from the follow ing occu
pational diseases:

TEXT OF LAWS— HEW YORK.
Column 1.
DESCRIPTION

1. Handling o f wool, hair,
bristles, hides, or skins.
2. Any process involving the
Lead poisoning or its se
use o f lead or its prepara
quelae.
tions or compounds.
3. Any process involving the
Zinc poisoning or its se
use o f zinc or its prepa
quelae.
rations or compounds or
alloys.
Mercury poisoning or its 4. Any process involving the
use o f mercury or its
sequelae.
preparations o r c o m
pounds.
Phosphorus poisoning or its 5. Any process involving the
use o f phosphorus or its
sequelae.
preparations o r c o m
pounds.
Arsenic poisoning or its se 6. Any process involving the
use o f arsenic or its
quelae.
preparations o r c o m
pounds.
7. Any process involving the
Poisoning by wood alcohol.
use o f wood alcohol or any
preparation
containing
w ood alcohol.
8. Any process involving the
Poisoning by nitro, hydrouse o f a nitro-, hydro-, or
and amido-derivatives o f
amido-derivative o f ben
benzene ( dinitro - benzol,
zene or its preparations
anilin, and others), or its
or compounds.
sequelae.
9. Any process involving the
Poisoning by carbon bisul
use o f carbon bisulphide
phide or its sequelae.
or its preparations or
compounds.
Poisoning by nitrous fumes 10. Any process in which ni
trous fumes are evolved.
or its sequelae.
Poisoning by nickel carbonyl 11. Any process in which nickel
carbonyl gas is evolved.
or its sequelae.
Dope poisoning (poisoning 12. Any process involving the
use o f any substance used
by tetrachlor-methane or
as or in conjunction with
any substance used as or
in conjunction with a sol
a solvent for acetate o f
cellulose.
vent for acetate o f cellu
lose) or its sequelae.
Poisoning by formaldehyde 13. Any process involving the
and its preparations.
use o f formaldehyde and
its preparations.
Chrome ulceration or its se 14. Any process involving the
quelae.
use o f chromic acid or bicromate o f ammonium,
potassium, or sodium, or
their preparations.
Epitheliomatous cancer or 15. Handling or use o f tar,
ulceration o f the skin or
pitch, bitumen, mineral
o f the corneal surface of
oil, or paraffin, or any
the eye, due to tar, pitch,
compound,
product,
or
bitumen, mineral oil, or
residue o f any o f these
paraffin, or any compound,
substances.
product or residue o f any
o f these substances.
Glanders.
16. Care or handling o f any
'
equine animal or the car
cass o f any such animal.

1. Anthrax.
2.
3.

10.
11.
12.

13.
14.

15.

16.

OF DISEASES.

Column 2.
DESCRIPTION OF PROCESS.

117

118

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 t h e u n it e d s t a t e s .
17. Compressed air illness or
its sequeke.
18. Miners’ diseases, including
only cellulitis, bursitis,
ankylostomiasis,
tenosy
novitis, and nystagmus.
19. Cataract in glassworkers.

17. Any process carried on in
compressed air.
18. Any process involving min
ing.
19. Processes in the m anufac
ture o f glass involving ex
posure to the glare o f mol
ten glass.

A rticle 2.
Section 10. Every employer subject to this chapter shall in
acc0rdance with this chapter secure compensation to his em
ployees and pay or provide compensation for their disability or
death from injury arising out o f and in the course o f the em
ployment, without regard to fault as a cause o f the injury, ex
cept that there shall be no liability for compensation under this
chapter when the injury has been solely occasioned by intoxica
tion o f the injured employee while on duty or by w illful intention
o f the injured employee to bring about the injury or death o f
himself or another.
siv eem edy exclu'
S e c . 11. The liability o f an employer prescribed by the last
preceding section shall be exclusive and in place o f any other
liability whatsoever, to such employee, his personal representa
tives, husband, parents, dependents, or next o f kin, or anyone
otherwise entitled to recover damages, at common law or other
wise on account o f such injury or death, except that if an em
ployer fail to secure the payment o f compensation for his injured
employees and their dependents as provided in section fifty o f
E xception .
this chapter, an injured employee, or his legal representative in
case death results from the injury, may, at his option, elect to
claim compensation under this chapter, or to maintain an action
in the courts for damages on account o f such in ju r y ; and in
such an action it shall not be necessary to plead or prove freedom
from contributory negligence nor may the defendant plead as a
defense that the injury was caused by the negligence o f a fellow
servant nor that the employee assumed the risk o f his employ
ment, nor that the injury was due to the contributory negligence
o f the employee.
Waiting time.
Sec. 12. No compensation shall be allowed for the first fou r
teen days o f disability, except the benefits provided for in sec
tion thirteen o f this ch apter: P r o v i d e d , h o w e v e r , That in case the
injury results in disability of more than forty-nine days the com
pensation shall be allowed from the date o f the disability.
M edical,
etc., Sec. 13. The employer shall promptly provide for an injured
treatment
employee such medical, surgical, or other attendance or treatment,
nurse and hospital service, medicine, crutches, and apparatus for
such period as the nature o f the injury or the process o f recovery
may require. I f the employer fail to provide the same, after re
quest by the injured employee such injured employee may do so
at the expense o f the employer. The employee shall not be en
titled to recover any amount expended by him for such treatment
or services unless he shall have requested the employer to furnish
the same and the employer shall have refused or neglected to do
so, or unless the nature o f the injury required such treatment
and services and the employer or his superintendent or foreman
having knowledge o f such injury shall have neglected to provide
the sam e; nor shall any claim for medical or surgical treatment
be valid and enforceable, as against such employer, unless within
twenty days follow ing the first treatment, the physician giving
such treatment, furnish to the employer and the industrial com
missioner a report o f such injury and treatment on a form pre
scribed by the industrial commissioner. A ll fees and other
charges fo r such treatment and services shall be subject to regu
lation by the commissioner as provided in section twenty-four of
C o m p e n s a t io n
paya e, when.

119

TEXT OE LAW S— N E W YORK.

this chapter, and shall be limited to such charges as prevail in
the same community for similar treatment o f injured persons of
a like standard o f living.
S e c . 14. Except as otherwise provided in this chapter, the aver^ gh^ com'
age weekly wages o f the injured employee at the time of the in- p
jury shall be taken as the basis upon which to compute com
pensation or death benefits, and shall be determined as follow s:
1. If the injured employee shall have worked in the employ
ment in which he was working at the time o f the accident,
whether for the same employer or not, during substantially the
whole of the year immediately preceding his injury, his average
annual earnings shall consist of three hundred times the average
daily wage or- salary which he shall have earned in such em
ployment during the days when so em ployed;
2. If the injured employee shall not have worked in such em
ployment during substantially the whole of such year, his aver
age annual earnings shall consist of three hundred times the
average daily wage or salary which an employee o f the same
class working substantially the whole o f such immediately pre
ceding year in the same or in a similar employment in the same
or a neighboring place shall have earned in such employment dur
ing the days when so employed;
3. I f either o f the foregoing methods o f arriving at the an
nual average earnings of an injured employee can not reasonably
and fairly be applied, such annual earnings shall be such sum
as, having regard to the previous earnings o f the injured employee
and of other employees of the same or most similar class, w ork
ing in the same or most similar employment in the same or neigh
boring locality, shall reasonably represent the annual earning
capacity o f the injured employee in the employment in which
he was working at the time o f the accident;
4. The average weekly wages o f an employee shall be onefifty-second part o f his average annual earnings.
5. If it be established that the injured employee was a minor
when injured, and that under normal conditions his wages would
be expected to increase, the fact may be considered in arriving
at his average weekly wages.
S e c . 15. The follow ing schedule of compensation is hereby* Schedule,
established:
1. Permanent total disability. In ease of total disability ad
judged to be permanent sixty-six and two-thirds per centum of the
average weekly wages shall be paid to the employee during the
continuance of such total disability. Loss of both hands, or both
arms, or both feet, or both legs, or both eyes, or o f any tw o there
o f shall, in the absence o f conclusive proof to the contrary, con
stitute permanent total disability. In all other cases permanent
total disability shall be determined in accordance with the facts.
2. Temporary total disability. In case of temporary total dis
ability, sixty-six and two-thirds per centum o f the average weekly
wages shall be paid to the employee during the continuance
thereof, but not in excess of three thousand five hundred dollars,
except as otherwise provided in this chapter.
3. Permanent partial disability. In case o f disability partial
in character but permanent in quality, the compensation shall be
sixty-six and two-tliirds per centum o f the average weekly wages
and shall be paid to the employee for the period named in this
subdivision, as follow s:

M em ber lost.

a.
b.
c.
d.
e.
f.

Arm ____
Leg-------H a n d ___
F oot____
E y e ------Thum b—

N um ber o f
w eeks’
c o m p e n s a t io n .

M em ber lost.

________ 812
________ 288
_________ 244
_________ 205
________ 128
________ 60

g.
h.
i.
j.
k.
l.

N um ber o f
w eeks’
com pensation..

First finger_____________
Great to e _____________
Second fin ger___________
Third finger_____________
Toe other than great toe_
Fourth fin ger___________

46
38
30
25
16
15

120

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 t h e u n it e d s t a t e s .

m. Loss o f hearing. Compensation fo r loss o f the hearing o f
both ears, fo r one hundred and fifty weeks.
n. Phalanges. Compensation for the loss o f more than one
phalange o f a digit shall be the same as for loss o f the entire
digit. Compensation for loss o f the first phalange shall be oneh alf o f the compensation for loss o f the entire digit.
o. Amputated arm or leg. Compensation for an arm or a
leg, if amputated at or above the elbow or the knee, shall be the
same as for loss o f the arm or le g ; but if amputated between the
elbow and the wrist or the knee and the ankle, shall be the same
as for loss o f a hand or foot.
p. Binocular vision or per centum o f vision. Compensation for
loss o f binocular vision or fo r eighty per centum or more o f the
vision o f an eye shall be the same as for loss of the eye.
q. Tw o or more digits. Compensation for loss o f two or more
digits, or one or more phalanges o f two or more digits, o f a hand
or foot may be proportioned to the loss o f use o f the hand or foot
occasioned thereby but shall not exceed the compensation for loss
o f a hand or foot.
r. Total loss o f use. Compensation fo r permanent total loss o f
use of a member shall be the same as for loss o f the member.
s. Partial loss or partial loss o f use. Compensation for perma
nent partial loss or loss o f use o f a member may be for proportion
ate loss or loss o f use o f the member.
t. Disfigurement. The board may award proper and equitable
compensation for serious facial or head disfigurement, not to ex
ceed three thousand five hundred dollars.
u. Other cases. In all other cases in this class o f disability,
the compensation shall be sixty-six and two-thirds per centum o f
the difference between his average weekly wages and his wage
earning capacity thereafter in the same employment or otherwise,
payable during the continuance o f such partial disability, but
subject to reconsideration o f the degree o f such impairment by
the board on its own motion or upon application o f any party in
interest.
Beneficiaries.
Effect o f award. An award made to a claimant under sub
division three shall in case o f death arising from causes other
than the injury be payable to and for the benefit of the persons
fo llo w in g :
a. I f there be a surviving w ife (o r dependent husband) and no
child o f the deceased under the age o f eighteen years, to such
w ife (or dependent husband).
b. I f there be a surviving w ife (or dependent husband) and
surviving child or children o f the deceased under the age o f
eighteen years, one-half shall be payable to the surviving w ife
(o r dependent husband) and the other half to the surviving
child or children.
The board may in its discretion require the appointment o f a
guardian for the purpose o f receiving the compensation o f the
minor child. In the absence o f such a requirement by the board
the appointment for such a purpose shall not be necessary.
c. I f there be a surviving child or children o f the deceased under
the age o f eighteen years, but no surviving w ife (or dependent
husband) then to such child or children.
An award for disability may be made after the death o f the
injured employee.
T em porary par5. Temporary partial disability. In case o f tem porary partial
tial d isa b ility,
disability resulting in decrease o f earning capacity, the com
pensation shall be two-thirds o f the difference between the in
jured employee’s average weekly wages before the accident and his
wage earning capacity after the accident in the same or another
employment but shall not exceed in total three thousand five
hundred dollars.
R an ge of bene6 Maximum and minimum compensation for disability. Com
fits.
pensation for disability shall not exceed twenty dollars per week
nor be less than eight dollars per w e e k : P r o v i d e d , h o w e v e r , That

TEXT OF LAWS— NEW YORK.

121

i f the employee’s wages at the time o f injury are less than eight
dollars per week, he shall receive his full weekly wages.
7. Previous disability. The fact that an employee has suffered S e c o n d injuprevious disability or received compensation therefor shall not riespreclude him from compensation for a later injury nor preclude
compensation for death resulting therefrom ; but in determining
compensation for the later injury or death his average weekly
wages shall be such sum as w ill reasonably represent his earn
ing capacity at the time o f the later in ju ry: P r o v i d e d , h o w e v e r ,
That an employee who is suffering from* a previous disability
shall not receive compensation for a later injury in excess of
the compensation allowed for such injury when considered by
itself and not in conjunction with the previous disability.
8. Permanent total disability after permanent partial disability.
Same.
I f an employee who has previously incurred permanent partial
disability through the loss o f one hand, one arm, one foot, one
leg, or one eye, incurs permanent total disability through the loss
o f another member or organ, he shall be paid, in addition to the
compensation for permanent partial disability provided in this
section and after the cessation o f the payments for the prescribed
period o f weeks special additional compensation for the remainder
o f his life to the amount o f sixty-six and two-thirds per centum o f
the average weekly wage earned by him at the time the total per
manent disability was incurred. Such additional compensation
shall be paid out o f a special fund created for such purpose in the
follow ing m anner: The insurance carrier shall pay to the State
treasurer for every case o f injury causing death in which there
are no persons entitled to compensation the sum of five hundred
dollars. The State treasurer shall be the custodian o f this special
fund, and the commissioner shall direct the distribution thereof.
9. Maintenance for employees undergoing vocational rehabiliR ehabilitation,
tation. An employee, who as a result of injury is or may be ex
pected to be totally or partially incapacitated fo r a remunerative
occupation and who, under the direction o f the state board o f
vocational education is being rendered fit to engage in a re
munerative occupation, shall receive additional compensation
necessary for his m aintenance; but such additional compensation
shall not exceed ten dollars a week. The expense shall be paid
out o f a special fund created .in the follow ing manner: The
insurance carrier shall pay to the State treasurer for every case
o f injury causing death, in which there are no persons entitled
to compensation, the sum o f five hundred dollars. The State
treasurer shall be the custodian of this special fund and the in
dustrial commissioner shall direct the distribution thereof.
S e c . 16. I f the injury causes death, the compensation shall
Death,
be known as a death benefit and shall be payable in the amount
and to or for the benefit o f the persons follow in g:
1. Reasonable funeral expenses not exceeding one hundred
d olla rs;
2. I f there be a surviving w ife (or dependent husband) and no
child o f the deceased under the age o f eighteen years, to such
w ife (or dependent husband) thirty per centum o f the average
wages o f the deceased during widowhood (or dependent widowerhood) with two years’ compensation in one sum, upon rem arriage;
and if there be a surviving child or children o f the deceased under
the age o f eighteen years, the additional amount o f ten per centum
o f such wages for each such child until o f the age o f eighteen
years; in case o f the subsequent death or remarriage o f such
surviving w ife (or dependent husband) any surviving child o f
the deceased employee, at the time under eighteen years o f age,
shall have his compensation increased to fifteen per centum of
such wages, and the same shall be payable until he shall reach
the age o f eighteen years: P r o v i d e d , That the total amount pay
able shall in no case exceed sixty-six and two-thirds per centum
o f such wages. The board may in its discretion require the ap
pointment o f a guardian for the purpose o f receiving the com-

122

w o r k m e n ’s c o m p e n s a t io n l a w s oe t h e u n it e d s t a t e s .

pensation o f a minor child. In the absence o f such a require
ment by the board the appointment o f a guardian fo r such pur
poses shall not be necessary.
*
3. I f there be a surviving child or children o f the deceased
under the age o f eighteen years, but no surviving w ife (or de
pendent husband), then for the support o f each such child until
o f the age o f eighteen years, fifteen per centum o f the wages of
the deceased: P r o v i d e d , That the aggregate shall in no case
exceed sixty-six and two-thirds per centum o f such wages.
4. I f there be no surviving w ife (or dependent husband) or
child under the age o f eighteen years or if the amount payable to
surviving w ife (or dependent husband) and to children under the
age o f eighteen years shall be less in the aggregate than sixty-six
and two-thirds per centum o f the average wages o f the deceased,
then for the support o f grandchildren or brothers and sisters
under the age o f eighteen years, if dependent upon the deceased
at the time o f the accident, fifteen per centum o f such wages
fo r the support o f each such person until the age o f eighteen
y e a rs; and for the support o f each parent, or grandparent, o f the
deceased if dependent upon him at the time o f the accident,
twenty-five per centum o f such wages during such dependency.
But in no case shall the aggregate amount payable under this
subdivision exceed the difference between sixty-six and two-thirds
per centum o f such wages, and the amount payable as herein
before provided to surviving w ife (or dependent husband) or
for the support o f surviving child or children.
5. Any excess o f wages over one hundred and twenty-five
dollars a month shall not be taken into account in computing
compensation under this section. All questions o f dependency
shall be determined as o f the time o f the accident
Aliens.
S e c . 17. Compensation under this chapter to aliens not resi
dents (or about to become nonresidents) o f the United States
or Canada, shall be the same in amount as provided for residents,
except that dependents in any foreign country shall be limited
to surviving w ife and child or children, or, if there be no sur
viving w ife or child or children, to surviving father or mother
whom the employee has supported, either wholly or in part, for
the period o f one year prior to the date o f the accident, and
except that the commission may, at its option, or upon the
application o f the insurance carrier, shall, commute all future
installments of compensation to be paid to such aliens, by paying
or causing to be paid to them one-half o f the commuted amount
o f such future installments o f compensation as determined by the
commission.
Notice of inS e c . 18. Notice o f an injury for which compensation is payable
jury.
under this chapter shall be given to the commissioner and to
the employer within thirty days after the accident causing such
injury, and also in case o f the death of the employee resulting
from such injury, within thirty days after such death. Such
notice may be given by any person claiming to be entitled to
compensation, or by some one in his behalf. The notice shall
be in writing, and contain the name and address o f the employee,
and state in ordinary language the time, place, nature, and cause
o f the injury, and be signed by him or by a person on his behalf
or, in case o f death, by any one or more o f his dependents, or
by a person on their behalf. It shall be given to the commissioner
by sending it by mail, by registered letter, addressed to the
commissioner at his office. It shall be given to the employer by
delivering it to him or sending it by mail, by registered letter,
addressed to the employer at his or its last known place o f
business: P r o v i d e d , 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 such notice may be given
. to any agent or officer thereof upon whom legal process may be
served, or any agent in charge o f the business in the place where
the injury occurred. The failure to give notice o f injury or

TEXT OF LAWS— NEW YORK.

123

notice o f death unless excused by the board either on the ground
that notice for some sufficient reason could not have been given,
or on the ground that the employer, or his or its agents in charge
o f the business in the place where the accident occurred or having
immediate supervision o f the employee to whom the accident
happened, had knowledge o f the accident, or on the ground that
the employer has not been prejudiced thereby, shall be a bar
to any claim under this chapter, but the employer and the
insurance carrier shall be deemed to have waived such notice
unless the objection to the failure to give such notice or the
insufficiency thereof, is raised before the board on the hearing
o f the claim filed by such injured employee, or his or her de
pendents.
S ec . 19. An injured employee claiming or entitled to compensa- physical examtion shall submit to such physical examination as the commis- ination.
sioner or the board may require. The place or places shall be
reasonably convenient for him. Such physician or physicians
as the employee or carrier may select and pay for may par
ticipate in an examination if the employee or carrier so requests.
Proceedings shall be suspended and no compensation be payable
for any period during which he may refuse to submit to ex
amination.
S ec . 20. A t any time after the expiration o f the first fourteen
Determination
days o f disability on the part o f an injured employee, or at a n y of claims,
time after his death, a claim fo r compensation may be presented
to the employer or to the commissioner. The board shall have
full power and authority to determine all questions in relation
to the payment o f claims presented to it fo r compensation under
the provisions o f this chapter. The commissioner or board shall
make or cause to be made such investigation as It deems neces
sary, and upon application o f either party, shall order a hearing,
and within thirty days after a claim for compensation is sub
mitted under this section, or such hearing closed, shall make or
deny an award, determining such claim for compensation, and
file the same in the office o f the department. Immediately after
such filing the commissioner shall send to the parties a copy o f
the decision. Upon a hearing pursuant to this section either
party may present evidence and be represented by counsel. The
decision o f the board shall be final as to all questions o f fact, and,
except as provided in section twenty-three, as to all questions o f
law.
ec
In any proceeding for the enforcement o f a claim fo r
compensation under this chapter, it shall be presumed in the ab
sence o f substantial evidence to the contrary—
1. That the claim comes within the provision o f this c h a p te r ;.
2. That sufficient notice thereof was g iv en ;
3. That the injury was not occas’oned by the w illfu l intention
o f the injured employee to bring about the injury or death o f
himself or o f another;
4. That the injury did not result solely from the intoxication
o f the injured employee while on duty.
S ec . 22. Upon its own motion or upon the application o f any Modification of
party in interest, on the ground o f a change in conditions, the award,
board may at any time review any award, decision, or order and,
on such review, may make an award ending, diminishing, or in
creasing the compensation previously awarded, subject to the
maximum or minimum provided in this chapter, and shall state
its conclusions o f fact and rulings o f law, and shall immediately
send to the parties a copy o f the award. No such review shall
affect such award as regards any moneys already paid, except
that an award for increased wages under subdivision five o f sec
tion fourteen may be made effective from date o f injury.
S e c . 23. An award or decision o f the board shall be final and Appeals,
conclusive upon all questions within its jurisdiction, as against
the State fund or between the parties, unless reversed or modified
on appeal therefrom as hereinafter provided. W ithin thirty days

S . 21.

presumptions,

124

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 t h e u n it e d s t a t e s ,

after notice o f the filing o f the award or the decision o f the board
has been sent to the parties an appeal may be taken to the ap
pellate division o f the supreme court, third department, from
such award or decision by any party in interest including an
employer insured in the State fund. I f notice o f such appeal is
served upon the board, the board shall within thirty days there
after serve upon the parties in interest and file its findings o f
fact and rulings o f law in such case. The board may also, in
its discretion certify to such appellate division o f the supreme
court, questions o f law involved in its decision. Such appeals
and the questions so certified shall be heard in a summary manner
and shall have precedence over all other civil cases in such court.
The board shall be deemed a party to every such appeal, and the
attorney general, without extra compensation, shall represent
the board thereon. An appeal may also be taken to the court o f
appeals in all cases where the decision o f the appellate division
is not unanimous «and by the consent o f the appellate division
or the court o f appeals where the decision o f the appellate di
vision is unanimous in the same manner and subject to the same
lim itations not inconsistent herewith as is now provided in civil
actions. It shall not be necessary to file exceptions to the rulings
o f the board. Neither the commissioner, the board, nor the
claimant shall be required to file a bond upon an appeal to the
court o f appeals. Otherwise such appeals shall be subject to the
law and practice applicable to appeals in civil actions. Upon
final determination o f such an appeal, the board shall enter an
order in accordance therewith.
Costs and fees.
S e c . 24. I f the board or the court before which any proceed
ings fo r compensation or concerning an award o f compensation
have been brought, under this chapter, determine that such pro
ceedings have not been so brought upon reasonable ground, it
shall assess the whole cost o f the proceedings upon the party
who has so brought them. Claims o f attorneys and counselors at
law for legal services in connection with any claim arising under
this chapter, and claims for services or treatment rendered or
supplies furnished pursuant to section thirteen o f this chapter,
shall not be enforceable unless approved by the board. I f so ap
proved, such claim or claims shall become a lien upon the com
pensation awarded, but shall be paid therefrom only in the
manner fixed by the board. Any other person, firm, or corpora
tion who shall exact or receive fee or gratuity fo r any services
rendered on behalf o f a claimant except in an amount determined
by the board, shall be guilty o f a misdemeanor. Any person, firm,
or corporation who shall solicit the business o f appearing before
the board on behalf o f a claimant, or w ho shall make it a business
to solicit employment for a lawyer in connection w ith any claim
for compensation under this chapter shall be guilty o f a misde
meanor. In case an award is affirmed upon an appeal to the
appellate division, the same shall be payable w ith interest
thereon from the date when said award was made by the board.
P a y m e n t of
S e c . 25. The compensation herein provided for shall be paid
vards.
periodically and promptly in like manner as wages, and as it
accrues, and directly to the person entitled thereto without w ait
ing for an award by the industrial board, except in those cases
in which the right to compensation is controverted by the em
ployer. The first payment o f compensation shall become due on
the twenty-first day of disability, on which date or within four
days thereafter all compensation then due shall be paid, and the
compensation payable biweekly thereafter; but the industrial
board may determine that any payments may be made monthly
or at any other period, as it may deem advisable. I f the employer
or insurance carrier does not controvert the injured w orkm an’s
right to compensation such employer or insurance carrier shall,
either on or before the twenty-fifth day after disability, or within
fifteen days after the employer first has knowledge o f the alleged
accident, begin paying compensation and shall immediately notify
the commissioner in accordance w ith a form to be prescribed by

TEXT OF LAWS— NEW YORK.

125

him, that the payment of compensation has begun, accompanied
by the further statement that the employer or insurance carrier,
as the case may be, will notify the commissioner when the pay
ment of compensation has been stopped. Immediately upon the
stoppage or suspension of payments of compensation the em
ployer or insurance carrier shall notify the commissioner of such
act on a form to be prescribed by him. In case the employer
decides to controvert the right to compensation he shall, either
on or before the twenty-fifth day of disability or within ten days
after he has knowledge of the alleged accident, file a notice with
the commissioner, on a form prescribed by him, that compen
sation is not being paid, giving the name of the claimant, name
of the employer, date of the alleged accident, and the reason why
compensation is not being paid. The commissioner may in the
interest of justice at any time refer a case in which payments
are being made as above to the industrial board for a hearing, Hearings,
and shall immediately upon receipt of notice from the injured
workman, from the employer, or from the insurance carrier that
the employee’s right to compensation is controverted, or that
payments of compensation have stopped or been suspended, make
such investigations, or cause such medical examinations to
be made, or refer the case for such hearings, as will properly
protect the rights of both parties, either as to any compensation
then due or as to any compensation that may become due in the
future for temporary or permanent disability, and promptly cause
the resumption of payments in case the injured person is entitled
thereto. If the employer or insurance carrier shall fail to pay
any installment of compensation within twenty-five days after the
e au t8*
same becomes due, there shall be paid by the employer or, if in
sured, his insurance carrier, an additional amount of ten per
centum of the compensation then due which shall accrue for the
benefit of the injured workman or his dependents and shall be
paid to him or them with the compensation, unless such delay or
default is excused by the industrial board upon the application
of the employer or insurance carrier upon the ground that owing
to conditions over which the employer or insurance carrier had
no control, such payment could not be made. Nothing herein shall
limit the right of the industrial board in a particular case to
hold a hearing and make an award in accordance with other pro
visions of this chapter. No case shall be closed without notice to
all parties interested and without giving to all such parties an
opportunity to be heard. If the employer has made advance Advance
payments of compensation he shall be entitled to be reimbursed ments.
out of an unpaid installment or installments of compensation due,
provided his claim for reimbursement is filed before compensation
is paid. An injured employee, or in case of death his dependents
or personal representative, shall give receipts for payment of
compensation to the employer paying the same and such employer
shall produce the same for inspection by the commissioner, when
ever required. If the employer or his insurance carrier shall
fail to make payments of compensation according to the terms
of the award, within ten days thereafter, except in case of an
appeal, there shall be imposed a penalty equal to twenty per centum
of the unpaid compensation which shall accrue to the benefit of
the injured workman or his dependents and shall be paid to him
or them. When the final payment is made or due the employer
or his insurance carrier shall within sixteen days send to the
commissioner a notice on a form prescribed by the commissioner
that such final payment is due or has been made fulfilling com
pletely the terms of the award, which notice shall contain the F i n a l
name of the injured employee or his principal dependent, th e mentsdate of accident, the date to which compensation has been paid and
the whole amount of compensation paid, and in case the employer
or his insurance carrier fail so to notify the commissioner of the
cessation of payments within sixteen days after the date to which
compensation is due or has been paid, the commissioner shall assess
32860°— 23----- 9

pay-

126

WORKMEN S COMPENSATION LAWS OF THE UNITED STATES,

against such employer or his insurance carrier the sum of one hun
dred dollars, one-half of which shall be paid into the special fund
created under favor of numbered paragraph eight of section
fifteen herein and one-half of which shall be paid into the State
treasury and be applicable to the expenses of the department.
Whenever the commissioner may deem it advisable he may re
quire any employer or insurance carrier to make a deposit with
the commissioner to secure the prompt and convenient payment of
such compensation, and the commissioner shall have power to
make payments therefrom upon any awards. The industrial
board, whenever it shall so deem advisable, may commute such
periodical payments to one or more lump sum payments to the
injured employee, or, in case of death, his dependents, provided
the same shall be in the interest of justice. Such commutation
shall be made according to the method prescribed in section
twenty-seven of this chapter.
Delinquent pay
S e c . 26. In case of default by the employer in the payment of
ments.
any compensation due under an award for the period of thirty
days after payment is due and payable, or, where the employer
has failed to secure the payment of compensation to his employees
as required by section fifty hereof, where there is such default
in payment for a period of ten days after same is due, any party
in interest may file with the county clerk for the county in which
the injury occurred, or the county in which the employer has his
principal place of business, a certified copy of a decision of the
State industrial board awarding compensation, or ending, dimin
ishing, or increasing compensation previously awarded, from
which no appeal has been taken within the time allowed therefor,
or, if an appeal has been taken by an employer who has not com
plied with the provisions of section fifty hereof, where he fails
to deposit with the commissioner the amount of the award as
security for its payment within ten days after same is due and
payable, and thereupon judgment must be entered in the supreme
court by the clerk of such county in conformity therewith imme
diately upon the filing of such decision. If the payment in de
fault be an installment, the commissioner may declare the entire
award due and judgment may be entered in accordance with the
provisions of this section. Such judgment shall be entered in the
same manner, have the same effect, and be subject to the same
proceedings as though rendered in a suit duly heard and deter
mined by the supreme court, except that no appeal may be taken
therefrom. The court shall vacate or modify such judgment to
conform to any later award or decision of the board upon pre
sentation of a certified copy of such award or decision. The
award may be so compromised by the board as in the discretion
of the board may best serve the interest of the persons entitled
to receive the compensation or benefits. Neither the commissioner
nor any party in interest shall be required to pay any fee to any
public officer for filing or recording any paper or instrument
executed in pursuance of this section.
S e c . 27. If an award under this chapter requires payment of
Deposits.
death benefits or other compensation by an insurance carrier or
employer in periodical payments, the board may, in its discretion
at any time, any provision of this chapter to the contrary notwith
standing, compute and permit or require to be paid into the State
fund an amount equal to the present value of all unpaid death
benefits or other compensation in cases in which awards are made
for total permanent or permanent partial disability for a period
of one hundred and four weeks or more, for which liability exists,
together with such additional sum as the board may deem neces
sary for a proportionate payment of expenses of administering the
fund so created. The moneys so paid in for all death benefits or
other compensation to constitute one aggregate and indivisible
fu n d ; and thereupon such employer or insurance carrier shall be
discharged from any further liability under such award and pay
ment of the same as provided by this chapter shall be assumed
by the special fund so created. All computations made by the

TE X T OE LAW S— N E W YORK,

127

board shall be upon the basis o f the survivorship annuitants’ table
of mortality, the remarriage tables of the Dutch Royal Insurance
Institution, and interest at three and one-half per centum per
annum.
Such special fund shall be kept separate and apart from all
other moneys of the State fund and shall not be liable for any
losses or expenses of administration of the State fund other than
the expenses involved in the administration of such special fund.
Nor shall the State fund be charged with the losses or expenses of
the aggregate special fund beyond the amount of such special
fund.
Any portion of such special fund may be invested by the com
missioner, with the approval of the superintendent o f insurance,
in the same securities as provided in this chapter for the invest
ment of the State insurance fund.
S ec. 28. The right to claim compensation under this chapter Limitation,
shall be barred unless within one year after the accident, or if
death results therefrom within one year after such death, a claim
for compensation shall be filed with the commissioner, but the
employer and insurance carrier shall be deemed to have waived
the bar of the statute unless the objection to the failure to file the
claim within one year is raised on the hearing on such claim.
No case in which an advance payment is made shall be barred
by the failure of the employee to file a claim, and the board may
at any time order a hearing on any such case in the same manner
as though a claim for compensation had been filed.
S ec . 29. I f an employee entitled to compensation under this
chapter be injured or killed by the negligence or wrong of an
other not in the same .employ, such injured employee, or in case
of death his dependents, shall, before any suit or any award under th/j}* ul i es by
this chapter, elect whether to take compensation under this chap-tMrd parties*
ter or to pursue his remedy against such other. Such election
shall be evidenced in such manner as the commissioner may by
regulation prescribe. If such injured employee, or in case of
death his dependents, elect to take compensation under this chap
ter, the awarding of compensation shall operate as an assignment
of the cause of action against such other to the State for the
benefit of the State insurance fund, if compensation be payable
therefrom, and otherwise to the person, association, corporation,
or insurance carrier liable for the payment of such compensation, subrogation of
and if he elect to proceed against such other, the State insurance employer,
fund, person, association, corporation, or insurance carrier, as the
case may be, shall contribute only the deficiency, if any, between
the amount of the recovery against such other person actually
collected and the compensation provided or estimated by this chap
ter for such case. In case of the payment of an award to the
State treasurer in accordance with subdivisions nine and ten o f
section fifteen, such payment shall operate to give to the employer
or insurance carrier liable for the award a cause o f action for the
amount of such payment together with the reasonable funeral
expenses and the expense o f medical treatment which shall be in
addition to any cause of action by the legal representatives of the
deceased. Such a cause of action assigned to the State may be
prosecuted or compromised by the commissioner. A compromise
of any such cause of action by the employee or his dependents at
an amount less than the compensation provided for by this chap
ter shall be made only with the written approval of the commis
sioner, if the deficiency of compensation would be payable from
the State insurance fund, and otherwise with the written approval
of the person, association, corporation, or insurance carrier liable
to pay the same. Wherever an employee is killed by the negli
gence or wrong of another not in the same employ, and the de
pendents of such employee entitled to compensation under this
chapter are minors, such election to take compensation and the
assignment of the cause of action against such other and such
notice of election to pursue a remedy against such other shall be
made by such minor, or shall be made on behalf of such minor by

128

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 t h e u n it e d s t a t e s .

a parent o f such minor, or by his or her duly appointed guardian,
as the board may determine in each case.
independent
S ec . 3 0 . No benefits, savings, or insurance o f the injured embenents.
ployee, independent of the provisions of this chapter, shall be
considered in determining the compensation or benefits to be paid
under this chapter, except that in case o f the death o f an em
ployee o f the State, a municipal corporation or any other political
subdivision o f the State, any benefit payable under a pension sys
tem which is not sustained in whole or in part by the contribu
tions o f the employee may be applied toward the payment o f the
death benefit provided by this chapter.
Contributions
Sec . 31. No agreement by an employee to pay any portion o f the
by employees,
premium paid by his employer to the State insurance fund or to
contribute to a benefit fund or department maintained by such
employer or to the cost of mutual insurance or other insurance
maintained for or carried for the purpose o f providing compen
sation 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 chapter shall be
guilty of a misdemeanor.
Waivers.
Sec. 32. No agreement by an employee to waive his right to com
pensation under this chapter shall be valid.
et«^ *of1claims!*8' Sec. **3. Compensation or benefits due under this chapter shall
not be assigned, released, or commuted except as provided by
this chapter, and shall be exempt from all claims o f creditors
and from levy, execution, and attachment, or other remedy for
recovery or collection of a debt, which exemption may not be
waived. Compensation and benefits shall be paid only to em
ployees or their dependents. In case o f the death of an injured
employee to whom there was due at the time o f his or her death
any compensation under the provisions o f this chapter, the amount
of such compensation shall be payable to the surviving wife
or husband, if there be one, or, if none, to the surviving child
or children of the deceased under the age of eighteen years, and
if there be no surviving wife or children, then to the dependents
o f such deceased employee or to any of them as the commission
may direct. An award for disability may be made after the death
o f the injured employee.
Preferences.
Sec. 34. Compensation shall have the same preference or lien
against the assets of the carrier or employer without limit of
amount as is now or may hereafter be allowed by law to the
claimant for unpaid wages or otherwise.
A r t ic l e

S ection 37. Whenever used in this article: 1. “ Disability”
means the state o f being disabled from earning full wages at
the work at which the employee was last employed.
2.
“ Disablement” means the act o f becoming so disabled, as
defined in subdivision one.
Occupational
S ec . 38. The disablement of an employee resulting from an occudisease.
pational disease described in subdivision two of section three
shall be treated as the happening of an accident within the mean
ing o f this chapter and the procedure and practice provided in
this chapter shall apply to all proceedings under this article,
except where specifically otherwise provided herein.
R ight to com S ec . 39. I f an employee is disabled or dies and his disability
pensation.
or death is caused by one of the diseases mentioned in subdivision
two of section three, and the disease is due to the nature of the
corresponding employment as described in such subdivision in
which such employee was engaged and was contracted therein,
he or his dependents shall be entitled to compensation for his
death or for the duration o f his disablement in accordance with
the provisions o f article two, except as hereinafter stated: P ro
vid ed , h ow ever. That if it shall be determined that such employee
is able to earn wages at another occupation which shall be neither
Definitions.

TEXT Of LAWS— ttEW YOB*.

129

tinhealthful nor injurious, and such wages do not equal his fuU
wages prior to the date o f his disablement, the compensation
payable shall be a percentage o f full compensation proportionate
to the reduction in his earning capacity.

Sec. 40. Neither the employee nor his dependents shall be 'h®® hmit.
entitled to compensation for disability or death resulting from
disease unless the disease is due to the nature of his employ
ment and contracted therein within the twelve months previous
to the date of disablement, whether under one or more employers.

S ec . 41. The industrial commissioner shall appoint one or more physfciims!n1n g
physicians whose duty it shall be to examine any claimant under
this article and to make report in such form as the commissioner
may require.
Sec . 42. For the purposes o f this article the date o f disablement D ate o f disshall be such date as the board may determine on the hearing ablementon the claim.
S ec . 43. I f an employee, at the time of his employment, will- Fraud*
fully and falsely represents in writing that he has not previously
suffered from the disease which is the cause of disability or
death, no compensation shall be payable.
S ec . 44. The total compensation due shall be recoverable from L ia b ilit y of
the employer who last employed the employee in the employmentemployer*
to the nature of which the disease was due and in which it was
contracted. If, however, such disease was contracted while such
employee was in the employment of a prior employer, the em
ployer who is made liable for the total compensation as provided
by this section, may appeal to the board for an apportionment
o f such compensation among the several employers who since
the contraction of such disease shall have employed such em
ployee in the employment to the nature o f which the disease was
due. Such apportionment shall be proportioned to the time such
employee was employed in the service of such employers, and
shall be determined only after a hearing, notice of the time, and
place of which shall have been given to every employer alleged
to be liable for any portion of such compensation. I f the board
find that any portion of such compensation is payable by an em
ployer prior to the employer who is made liable to the total
compensation as provided by this section, it shall make an award
accordingly in favor of the last employer, and such award may
be enforced in the same manner as an award for compensation.
S e c . 45. The employer to whom notice of death or disability is
N o t ic e to emto be given, or against whom claim is to be made by the employee,ployerB*
shall be the employer who last employed the employee during the
said twelve months in the employment to the nature of which the
disease was due and in which it was contracted, and such notice
and claim shall be deemed seasonable as against prior employers.
S ec. 46. Information; penalty. The employee or his dependents, Em ployee to
i f so requested, shall furnish the last employer or the board with tarnish inform*
such information as to the names and addresses o f all his other ti0B*
employers during the said twelve months as he or they may
possess; and if such information is not furnished, or is not suffi
cient to enable such last employer to take proceedings against a
prior employer under section forty-four, unless it be established
that the disease actually was contracted while the employee was
in his employment, such last employer shall not be liable to pay
compensation, or if such information is not furnished or is not
sufficient to enable such last employer to take proceedings against
other employers under section forty-four, such last employer shall
be liable only for such part of the total compensation as under
the particular circumstances the board may deem ju st; but a
false statement in the information furnished as aforesaid shall
not impair the workmen’s rights unless the last employer is
prejudiced thereby.
S ec . 47. I f the employee, at or immediately before the date of Presumptions*
disablement, was employed in any process mentioned in the seccause*
ond column of the schedule of diseases in subdivision two of
section three, and his disease is the disease in the first column

130

w o r k m e n ’s c o m p e n s a t io n l a w s o p t h e u n it e d s t a t e s .

o f such schedule set opposite the description of the process, the
disease presumptively shall be deemed to have been due to the
nature o f that employment
is
tdiseMe Sec. 48. Nothing in this article shall affect the rights o f an
accident.
employee to recover compensation in respect to a disease to which
this article does not apply if the disease is an accidental personal
injury within the meaning o f subdivision seven o f section two of
this chapter.
A b t ic u e 4.
S ection 50. An employer shall secure compensation to his employees in one o f the following w ays:
1. By insuring and keeping insured the payment o f such com
pensation in the State fu n d; or
2. By insuring and keeping insured the payment of such com
pensation with any stock corporation or mutual association au
thorized to transact the business o f workmen’s compensation in
surance in this State.
3. By furnishing satisfactory proof to the commissioner of his
financial ability to pay such compensation for himself, in which
case the commissioner may, in his discretion, require the deposit
with the commissioner of securities of the kind prescribed in
subdivisions one, two, three, four, and five, and paragraph a of
subdivision seven of section two hundred thirty-nine o f the
banking law, in an amount to be determined by the commissioner,
to secure his liability to pay the compensation provided in this
chapter. The commissioner may also require an agreement on
the part o f an employer to pay any awards commuted under sec
tion twenty-seven o f this chapter, into the special fund of the
State fund, as a condition of his being allowed to remain unin
sured pursuant to this section. The commissioner shall have the
authority to revoke his consent furnished under this section at
any time for good cause shown. The employer so electing shall
be known as a self-insurer.
Public employ4. a. A county, city, village, town, or other political subdivision
of the State may secure compensation to its employees in accord
ance with subdivision one or subdivision two o f this section. I f
it does not do so, such county, city, town, village, or other political
subdivision shall be deemed to have elected to secure compensa
tion pursuant to subdivision three o f this section. Such a county,
city, town, village, or other political subdivision shall not be
required to furnish proof o f financial ability or to make deposit
o f securities in compliance with such subdivision, but shall be
obliged to meet all other requirements prescribed by this chapter
for employers so electing. Such county, city, town, village, or
other political subdivision shall file with the commissioner notice
o f such election.
b. Whenever compensation is awarded to a claimant for injury
to an employee o f a self-insuring county, town, or political sub
division, other than a city or a village, the treasurer o f the county
employing such employee, or containing the town or other politi
cal subdivision that employs him, shall, upon presentation o f the
award, forthwith begin payment o f it in accordance with this
chapter, using any money of the county available therefor. I f
none is available, he shall by temporary loan upon the credit o f
the county immediately borrow sufficient money to meet compen
sation payments that will fall due prior to collection o f the next
tax levy. The board o f supervisors shall thereupon levy upon the
taxable property of the county, if for injury to a county em
ployee, and of the particular town or other political subdivision,
i f for injury to an employee o f such town or other political sub
division, a sum sufficient to enable the treasurer to repay such
loan and to continue compensation payments according to the
requirements o f the case.
c. Whenever compensation is awarded to a claimant for injury
to an employee o f a self-insuring city or village, the treasurer of

S e c u r i t y for

paymen

TE X T OF LAW S— N E W YORK,

131

the city or village shall, upon presentation of the award forth
with begin payment of it in accordance with this chapter, using
any money of the city or village available therefor. If none is
available, he shall by temporary loan upon the credit of the city
or village immediately borrow sufficient money to meet compensa
tion payments that will fall due prior to such time as the city or
village may appropriate for the purpose. The city or village
shall thereupon appropriate a sum sufficient to enable the treas
urer to repay such loan and to continue compensation payments
according to the requirements of the case.
S e c . 51. Every employer who has complied with section fifty of
Notice to be
this chapter shall post and maintain in a conspicuous place o r 1)08 e *
places in and about his place or places of business typewritten or
printed notices in form prescribed by the commissioner, stating
the faet that he has complied with all the rules and regulations
of the department and that he has secured the payment of com
pensation to his employees and their dependents in accordance
with the provisions of this chapter. The commissioner may re
quire any employer to furnish a written statement at any time
showing the stock corporation or mutual association in which
such employer is insured or the manner in which such employer
has complied with any provision of this chapter. Failure for a
period of ten days to furnish such written statement shall con
stitute presumptive evidence that such employer has neglected
or failed in respect of any of the matters so required.
Sec . 52. Failure to secure the payment of compensation shall
Failure to seconstitute a misdemeanor, punishable by a fine of not more than cure compensafive hundred dollars or imprisonment for not more than one year,tion*
or both.
All fines imposed under this chapter, except as herein otherwise
provided, shall be paid by the officer collecting the same to the
State treasurer as custodian of the special fund created under
subdivision eight of section fifteen o f this chapter.
S e c . 53. An employer securing the payment of compensation by
Payments
to
contributing premiums to the State fund shall thereby b e c o m e state fund a re
relieved from all liability for personal injuries or death sustainedlease*
by his employees, and the persons entitled to compensation under
this chapter shall have recourse therefor only to the State fund
and not to the employer. An employer shall not otherwise be
relieved from the liability for compensation prescribed by this
chapter except 5y the payment thereof by himself or his insur
ance carrier.
Sec . 54. 1. Every policy o f insurance covering the liability Provisions of
of the employer for compensation issued by a stock company or insurance poiiby a mutual association authorized to transact workmen’s com -cies"
pensation insurance in this State shall contain a provision setting
forth the right of the commissioner to enforce in the name of the
people of the State o f New York for the benefit of the person en
titled to the compensation insured by the policy either by filing a
separate application or by making the insurance carrier a party i n s u r e r s dito the original application, the liability of the insurance carrier rectiy liable,
in whole or in part for the payment of such compensation: P ro
vided, h ow ever, 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.
2.
Every such policy shall contain a provision that, as between Community of
the employee and the insurance carrier, the notice to or knowl-knowledffe*
edge of 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 of the insurance carrier; that jurisdiction of the employer
shall, for the purpose of this chapter, be jurisdiction of the in
surance carrier, and that the insurance carrier shall in all things
be bound by and subject to the orders, findings, decisions, or
awards rendered against the employer for the payment o f com
pensation under the provisions o f this chapter.

132

w o r k m e n ’ s c o m p e n s a t i o n l a w s o p t h e t t n it e d s t a t e s ,

3. Every such policy shall contain a provision to the effect that
the insolvency or bankruptcy of the employer shall not relieve
the insurance carrier from the payment of compensation for in
juries or death sustained by an employee during the life of such
policy.
Agreements to
4. Every contract or agreement of an employer the purpose of
lim it indem nity. which is to indemnify him from loss or damage on account of
the injury of an employee by accidental means, or on account of
the negligence o f such employer or his officer, agent, or servant,
shall be absolutely void unless it shall also cover liability for the
payment of the compensation provided for by this chapter.
Cancellation of
5. No contract of insurance issued by an insurance carrier
contracts.
against liability arising under this chapter shall be cancelled
within the time limited in such contract for its expiration until
at least ten days after a notice o f cancellation of such contract,
on a date specified in such notice, shall be filed in the office of
the commissioner and also served on the employer. Such notice
shall be served on the employer by delivering it to him or by
sending it by mail, by registered letter, addressed to the employer
at his or its last known place of residence: P rovid ed , That if
the employer be a partnership, then such notice may be so given
to any one of the partners, and if the employer be a corporation,
then the notice may be given to any agent or officer of th§ cor
poration upon whom legal process may be served: P rovid ed , h ow
ever, The right to cancellation of a policy of insurance in the
State fund shall be exercised only for nonpayment o f premiums.
W orking
em
6 . Any insurance carrier may issue policies, including with
ployers.
employees, employers, or executive officers o f corporations who
perform labor incidental to their occupations, such policies insur
ing to such employers or officers the same compensations pro
vided for their employees, and at the same rates: P rovid ed , h ow
ever, That the estimation o f their wage values, respectively, shall
be reasonable and separately stated in and added to the valua
tion o f their pay rolls upon which their premium is computed.
The employer or officer so insured shall have the same rights and
remedies given an employee by this chapter.
Insolvency
employer.

Sec. 55. Acceptance of a premium on a policy securing to an
employee compensation, either alone or in connection with other
insurance, shall estop the carrier so accepting from pleading that
the employment of such employee is not a hazardous employment
or the employment is not carried on for pecuniary gain.
Subcontractors.
Sec. 56. A contractor, the subject of whose contract is, involves,
or includes a hazardous employment, who subcontracts all or any
part of such contract shall be liable for and shall pay compensatiok to any employee injured whose injury arises out of and in
the course of such hazardous employment, unless the subcontrac
tor primarily liable therefor has secured compensation for such
employee so injured as provided in this chapter.

Acceptance
premium.

Issue
m its.

An owner of timber other than farm lands who contracts with
another to carry on or perform work or service in connection
therewith, which work or service is, involves, or includes a hazard
ous employment, shall be liable for and shall pay compensation
to any employee of such, contractor, or his subcontractor, if any,
injured in the course o f and arising out of such hazardous em
ployment, unless the contractor, or the subcontractor, if any,
primarily liable therefor has secured compensation for such em
ployee so injured as provided in this chapter.
per
ec 57. The head of a State or municipal department, board,
commission, or office authorized are required by law to issue any
permit for or in connection with any work involving the employ
ment o f employees in a hazardous employment defined by this
chapter, and notwithstanding any general or special statute re
quiring or authorizing the issue o f such permits, shall not issue
such permit to the employer unless such employer shall produce
satisfactory proof that compensation has been secured as provided
by this chapter. Nothing herein, however, shall be construed as

S .

TEXT OE LAWS— N E W YORK,

133

creating any liability on the part of such State or municipal
department, board, commission, or office to pay any compensation
to any such employee if so employed.
A rticle 5.

90. There is hereby created a fund to be known as “ the State insurance
State insurance fund,” for the purpose o f insuring employersfund*
against liability under this chapter and of assuring to the persons
entitled thereto the compensation provided by this chapter. Such
fund shall consist of all premiums received and paid into the
fund, of property and securities acquired by and through the use
o f moneys belonging to the fund, and o f interest earned upon
moneys belonging to the fund and deposited or invested as herein
provided. Such fund shall be applicable to the payment of losses
sustained on account of insurance and to the payment of expenses
in the manner provided in this chapter. Such fund shall be
administered by the industrial commissioner.
S ec. 91. The State treasurer shall be the custodian of the State Custodian,
insurance fu n d ; and all disbursements therefrom shall be paid by
him upon vouchers signed by the commissioner or deputy commis
sioner. The State treasurer shall give a separate and additional
bond in an amount to be fixed by the governor and with sureties
approved by the State comptroller conditioned for the faithful
performance of his duty as custodian of the State fund. The
State treasurer may deposit any portion of the State fund not
needed for immediate use, in the manner and subject to all the
provisions of law respecting the deposit of other State funds by
him. Interest earned by such portion of the State insurance fund
deposited by the State treasurer shall be collected by him and
placed to the credit of the fund.
S ec . 92. Ten per centum of the premiums collected from emCatastrophe
ployers insured in the fund shall be set aside for the creation o f fund*
a surplus until such surplus shall amount to the sum o f one
hundred thousand dollars, and thereafter five per centum of such
premiums, until such time as in the judgment o f the commissioner
such surplus shall be sufficiently large to cover the catastrophe
hazard. Thereafter the contribution to such surplus may be
reduced or discontinued conditional upon constant maintenance
of a sufficient surplus to cover the catastrophe hazard. Reserves
shall be set up and maintained adequate to meet anticipated losses
and carry all claims and policies to maturity, which reserves shall
be computed in accordance with such rules as shall be approved
by the superintendent o f insurance.
S ec. 93. Any of the surplus or reserve funds belonging to the investments.
State insurance fund may, by order of the commissioner, approved
by the superintendent of insurance, be invested in or loaned on the
pledge of any o f the securities in which a savings bank may invest
the moneys deposited therein as provided in subdivisions one,
two, three, four, and five of section two hundred and thirty-nine
of the banking law. 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 inter
est thereof, when due, and pay the same into the State insurance
fund. The State treasurer shall pay all vouchers drawn on the
State insurance fund for the making of such investments when
signed by the commissioner or deputy commissioner upon delivery
of such securities or evidences of indebtedness to him, when there
is attached to such vouchers the approval of the State superin
tendent o f insurance. The commissioner may, upon like approval
o f the superintendent o f insurance, sell any o f such securities.
S e c . 94. The entire expense o f administering the State insurAdm inistration
ance fund shall be paid out o f such fund. Prior to the first days exPenses*
of January, April, July, and October there shall be submitted to
the State board o f estimate and control for its approval an esti
mated budget of expenditures for the succeeding three months.
There may not be expended for the State insurance fund for purS e c t io n

, 134

w o r k m e n ’s c o m p e n s a t io n l a w s op t h e u n it e d s t a t e s .

poses o f administration more than the amounts specified in such
budget for each item of expenditure, except as authorized by the
board o f estimate and control. In no case shall the amount of
expenditures so authorized for an entire year exceed fifteen per
centum of the earned premiums for that year. If there be officers
or employees o f the department whose duties relate partly to the
general work of the department and partly to the work o f the
State insurance fund, and in case there is other expense which is
incurred jointly on behalf of the general work of the department
and the State insurance fund, an equitable apportionment o f the
expense shall be made and the part thereof which is applicable
to the State insurance fund shall be chargeable thereto. The
industrial commissioner shall include in his annual report to the
legislature a statement o f the expense of administering the State
fund for the preceding year. All appointments to positions in the
State insurance fund shall be made subject to civil service require
ments.
Rates*
Sec. 95. Employments and employers in the State fund'Shall
be divided into such groups and classes as shall be equitable based
upon differences of industry or hazard for the purpose of estab
lishing premium rates, and for such purpose a system of merit
rating may be employed which shall take account of the peculiar
hazard o f each individual risk. Premiums in the State fund
shall be fixed at the lowest possible rates consistent with the
maintenance of a solvent fund and of reasonable reserves and
surplus.
Dividends.
S ec . 96. Employments and employers insured in the State in
surance fund may be divided into such groups as shall be equitable
for the purpose o f accounting and declaration o f dividends but for
the purpose of paying compensation the State fund shall be
deemed one and indivisible. Separate accounts shall be kept of
income and o f losses and expenses incurred, including contribu
tions to catastrophe surplus and reserves adequate to meet antici
pated losses and carry all claims to maturity, for each such group.
If such accounting shows a balance remaining to the credit o f
the group at the close o f any policy period, which shall be deemed
to be safely and properly so applied, there may be credited or paid
to each individual member o f such group such proportion o f such
balance as the amount of his earned premium sustains to the
total earned premium of the group for the period for which the
accounting is made. I f any member who has withdrawn from the
group would otherwise have been entitled to such a dividend, the
same may be credited or paid to him.
Associations for
S ec. 97. For any group established under the provisions o f sectionfent preven’ tf°n ninety-six, membership in the group o f any employer other
wise entitled to be admitted thereto may be conditioned upon
acceptance and maintenance o f special rules as to accident pre
vention or medical care of employees. Such limitation of mem
bership in the group may 'be established only upon proper evi
dence that a majority of the members o f the group have approved
such rules and only when such rules have been approved by the
commissioner as sufficient to constitute a proper basis o f differ
entiation as to membership in the group.
P aym ent of S ec . 98. Premiums for any policy period shall be paid into the
premiums.
State insurance fund at the beginning of the period according to
che estimated expenditure of wages for the period. At the end o f
the period an adjustment of the premium shall be made according
to the actual expenditure o f wages. If such Adjusted premium is
more than the premium paid at the beginning of the period, the
employer shall pay the difference immediately upon notification
o f the amount o f the true premium and the difference due. If
such adjusted premium is less than the premium paid in advance,
the employer shall, at his option, receive either a refund o f the
difference or a credit o f the amount thereof on his account with
the State fund.

TEXT OP LAWS— N E W YORK.

135

S e c . 99. I f an employer shall default in any payment required
Collection
of
to be made by him to the State insurance fund, after due notice prem um#
his insurance in the State fund may be cancelled and the amount
due from him shall be collected by civil action against him in the
name of the industrial commissioner, and the same when col
lected, shall be paid into the State insurance fund, and such em
ployer’s compliance with the provisions of this chapter requiring
payments to be made to the State insurance fund shall date from
the time of the payment o f said money so collected as aforesaid
to the State treasurer for credit to the State insurance fund.
S ec . 100. Any employer may, upon complying with subdivision
W ithdraw al
two or three of section fifty of this chapter, withdraw from the from fund*
fund by turning in his insurance contract for cancellation: P ro
vided, He is not in arrears for premiums due the fund and has
given written notice o f his intention to withdraw not less than
thirty days before the expiration of the period for which he has
elected to insure in the fund.
Sec . 101. Every employer who is insured in the State insurance R e c o r d and
fund shall keep a true and accurate record of the number of hisaudlt o£ pay rolls*
employees and the wages paid by him, and shall furnish, upon
demand, a sworn statement o f the same. Such record shall be
open to inspection at any time and as often as may be necessary to
verify the number of employees and the amount of the pay roll.
Any employer who shall fail to keep such record, or who shall
willfully falsify any such record, shall be guilty of a misde
meanor.
S e c . 102. Any person who willfully misrepresents any fact in
Willful misreporder to obtain insurance in the State insurance fund at less than resentation.
the proper rate for such insurance, or in order to obtain payment
out of such fund, shall be guilty of a misdemeanor.
S e c . 103. The commissioner shall have the right to inspect the
inspections,
plants and establishments of employers insured in the State insur
ance fund; and the inspectors designated by the commissioner shall
have free access to such premises during regular working hours.
S ec. 104. Information acquired by the State fund, or its officers
information
or employees, from 'employers or employees pursuant to this chap- confidential,
ter shall not be opened to public inspection, and any officer or
employee who, without authority of the commissioner or pursuant
to his regulations, or as otherwise required by law, shall disclose
the same shall be guilty of a misdemeanor.
S e c . 105. The commissioner shall make reports to the superinReports,
tendent of insurance concerning the State insurance fund at the
same times and in the same manner as is required from mutual
employers’ liability and workmen’s compensation corporations by
section one hundred and ninety-two of the insurance law, and the
superintendent of insurance may examine into the condition of
such State insurance fund at any time, either personally or by any
duly authorized examiner appointed by him, for the purpose of
determining the condition o f the investments and the adequacy of
the reserves of such fund.
S ec . 106. There shall be an advisory committee of the State Advisory cominsurance fund of nine members. The members of such advisory mittee.
committee shall be employers or officers of employers insured in
the State fund. They shall be appointed by the governor for
terms of three years, except that of the members first appointed,
the terms of three shall expire on June thirtieth, nineteen hundred
and twenty-three, three on June thirtieth, nineteen hundred and
twenty-four, and three on June thirtieth, nineteen hundred and
twenty-five. Vacancies shall be filled for the unexpired term.
Members shall continue in office until their successors are ap
pointed. In the event that no appointment is made for three
months after the expiration of the term of a member or the occur
ring of a vacancy, the remaining members may fill the vacancy
by a majority vote.
The commissioner shall be an additional member of such com
mittee and act as chairman thereof. The members of such cbm-

136

w o r k m e n ’s c o m p e n s a t io n l a w s o p t h e

Meetings.

u n it e d

states,

mittee shall serve without pay, but shall be entitled to their rea
sonable traveling and other expenses incurred in connection with
their duties^ which shall be paid out o f the State fund on the
warrant o f the commissioner.
The advisory committee shall meet at least four times in each
year. It may adopt rules o f procedure. It shall be the duty o f
such committee to consider the condition o f the State fund, and to
examine into the condition o f its reserves, investments, and other
matters relating to the administration o f such fund. It shall have
access to all records and books o f account and shall have power
to require the presence before it, or o f any subcommittee, o f any
officer or employee o f the fund. Inform ation obtained by members
o f the committee shall be deemed confidential unless disclosed by
order o f the committee. The quarterly estimates o f administra
tive expenditures out o f the fund shall be submitted to the advi
sory committee for their inform ation and advice. The commis
sioner shall detail to such committee such stenographic or other
assistance as he may deem necessary.
A rticle 0.

injuries to be Section 110. Every employer shall keep a record o f all injuries,
reported.
fatal or otherwise, received by his employees in the course o f their
employment. W ithin ten days after the occurrence o f an accident
resulting in personal injury a report thereof shall be made in
w riting by the employer to the commissioner upon blanks to be
procured from the commissioner for that purpose. Such report
shall state the name and nature o f the business of the employer,
the location o f his establishment or place o f work, the name,
address, and occupation o f the injured employee, the time, nature,
and cause o f the injury, and such other inform ation as may be
required by the commissioner. An employer who refuses or neg
lects to make a report as required by this section shall be guilty
o f a misdemeanor, punishable by a fine o f not more than five
hundred dollars.
Employers to Sec. 111. Every employer shall furnish the commissioner, upon
furnish informa- request, any inform ation required by him to carry out the protlon*
visions o f this chapter. A member o f the board, the commissioner,
deputy commissioner, or any person deputized by the commis
sioner or board for that purpose, may examine under oath any
employer, officer, agent, or employee. An employer or an em
ployee receiving from the commissioner a blank with directions
to file the same shall cause the same to be properly filled out
so as to answer fully and correctly all questions therein, or if
unable to do so shall give good and sufficient reasons fo r such
failure. Answers to such questions shall be verified under oath
and returned to the commissioner within the period fixed by the
commissioner therefor.
Inspection of
Sec. 112. A ll books, records, and pay rolls o f the employers,
records.
showing or reflecting in any w ay upon the amount o f wage ex
penditures o f such employers shall always be open fo r inspection
by the commissioner or any o f his authorized auditors, account
ants, or inspectors for the purpose o f ascertaining the correctness
o f the wage expenditure and number o f men employed and such
other inform ation as may be necessary for the uses and purposes
o f the commissioner in the administration o f this chapter.
interstate comSec. 113. The provisions o f this chapter shall apply to employmerceers and employees engaged in intrastate and also interstate or
foreign commerce, for whom a rule o f liability or method o f
compensation has been or may be established by the Congress o f
the United States, only to the extent that their mutual connection
w ith intrastate work may and shall be clearly separable and dis
tinguishable from interstate or foreign com m erce: P r o v i d e d , That
awards according to the provisions o f this chapter may be made
by the board in respect o f injuries subject to the admiralty or
other Federal laws in case the claimant, the employer, and the
insurance carrier waive their admiralty or interstate commerce

TEXT OF LAWS— NEW YORK,

137

rights and remedies, and the State insurance fund or other in
surance carrier may assume liability fo r the payment o f such
awards under this chapter.
Sec. 114. I f fo r the purpose o f obtaining any benefit or pay F a ls e re p re s e n
ment under the provisions o f this chapter, either for him self or t a t io n .
any other person, any person w illfully makes a false statement or
representation, he shall be guilty o f a misdemeanor.
Sec. 115. No limitation o f time provided in this chapter shall L im it a t io n .
run as against any person who is mentally incompetent or a minor
so long as he has no committee or guardian.
Sec. 116. The offices o f the department shall be open fo r business S e s s i o n s o f
during all business hours o f all days except Sundays and legal b o a r d .
holidays. A ll sessions o f the board shall be public. The records
o f the board shall contain a record o f each case considered, and
all awards, decisions, or orders with respect thereto. For con
venience o f parties and prevention o f delay or expense, the board
may hold sessions in cities other than Albany.
Sec. 117. The board may adopt reasonable rules consistent with Rales.
and supplemental to the provisions o f this chapter and the labor
law. The commissioner may make reasonable regulations con
sistent with the provisions o f this chapter and the labor law.
Sec. 118. The commissioner, board, referee, or deputy commis P r o c e d u r e .
sioner in making an investigation or inquiry or conducting a
hearing shall not be bound by common law or statutory rules o f
evidence or by technical or form al rules o f procedure, except as
provided by this chapter; but may make such investigation or
inquiry or conduct such hearing in such manner as to ascertain
the substantial rights o f the parties. Declarations o f a deceased
employee concerning the accident shall be received in evidence
and shall, if corroborated by circumstances or other evidence, be
sufficient to establish the accident and the injury.
Sec. 119. A subpoena may be signed and issued by the commis Subpoenas.
sioner, deputy commissioner, member o f the board, referee, or
such other officer as may be designated by the commissioner.
Failure to obey such subpoena shall constitute a contempt as pro
vided by the civil practice act.
Sec. 120. Each witness who appears in obedience to a subpoena W itn e s s fees.
shall be entitled to the same fees as witnesses in a civil action in
the supreme court.
Sec. 121. The commissioner or board may cause depositions of D e p o s itio n s .
witnesses residing within or without the State to be taken in
the manner prescribed by law for like depositions in civil actions
in the supreme court.
Sec. 122. A copy o f the testimony, evidence, and procedure o f T r a n sc r ip ts .
any investigation, or a particular part thereof, transcribed by a
stenographer in the employ o f the department and certified by
such stenographer to be true and correct may be received in evi
dence with the same effect as i f such stenographer were present
and testifying to the facts so certified. A copy o f such transcript
shall be furnished to any party upon payment o f the fee for
transcripts o f similar minutes in the supreme court.
Sec. 123. The power and jurisdiction o f the department over J u r i s d i c t i o n
c o n t in u in g .
each case shall be continuing, and it may from time to time make
such modification or change with respect to form er findings,
awards, decisions, or orders relating thereto as in its opinion may
be just.
Sec. 124. The commissioner shall prescribe and distribute such Forma.
blank form s as the administration o f this chapter requires, includ
ing form s o f notices and claims and form s fo r proving injury,
death, medical, or other attendance or treatment, employment,
and wage earnings. Insurance carriers shall constantly keep on
hand at their own expense a sufficient supply o f such blanks.
Sec. 125. The commissioner may by regulation provide fo r the Bondi.
giving o f undertakings by all subordinates who are empowered by
this chapter to receive and disburse moneys, to be approved as
to form by the attorney general and as to sufficiency by the comp
troller.

138

w o b k m e n ’ s c o m p e n s a t io n

l a w s o f t h e u n it e d

states,

Sec. 126. The commissioner annually as soon as practicable
after July first shall ascertain the total amount o f expenses in
curred by the department during the preceding fiscal year in con
nection w ith the administration o f the workmen’s compensation
law. The commissioner shall keep an accurate record o f all hear
ings held, and the industrial board, in its discretion, may assess
against each insurance carrier five dollars fo r each adjourned
hearing held at the request o f the insurance carrier. The fund
so created shall be applied tow ard the total amount o f the ex
penses ascertained as above. I f there be any deficiency the com
missioner shall thereupon assess upon and collect from each insur
ance carrier, including the State insurance fund and any county,
city, town, village, or other political subdivision, failin g to secure
compensation pursuant to subdivisions one and tw o o f section
fifty, the proportion o f such expense that the total compensation
or payments made by such carrier in such year bore to the total
compensation or payments made by all insurance carriers. The
amounts so secured shall be transferred to the State treasury to
reimburse it fo r this portion o f the expense o f administering this
chapter.
C o n s tr u c t io n .
Sec. 127. This chapter shall be read and construed in connec
tion w ith the labor law.
P r o v is io n s sev
Sec. 128. I f any section or provision o f this chapter be decided
e r a b le .
by the courts to be unconstitutional or invalid, the same shall
not affect the validity o f the chapter as a whole or any part
thereof other than the part so decided to be unconstitutional or
invalid.
Sec. 129. This act shall not affect any action pending or cause
P e n d in g ca u ses.
o f action existing or which accrued prior to July first, nineteen
hundred and twenty-two.

E xpenses o f a d
m in is t r a t io n .

A r t ic l e

Section 140. Article fourteen-a and sections tw o hundred and
fifteen to two hundred and nineteen-g, both inclusive, o f chapter
thirty-six o f the Laws o f Nineteen Hundred and Nine, as added
by chapter six hundred and seventy-four o f the Laws o f Nine
teen Hundred and Ten, are hereby repealed.
Act in effect.
Sec. 141. This chapter as amended shall take effect July first,
nineteen hundred and twenty-two.

Laws

repealed.

ACTS O F 1921.
C h apter

50.— L a bo r lav\

[Extracts relating to the industrial commissioner and industrial board.)
A

r t ic l e

S e c t i o n 10. The department o f labor is continued.
The head o f
the department shall be the industrial commissioner. The indus
trial commissioner shall be appointed by the governor, by and
w ith the advice and consent o f the senate. The term o f office o f
the commissioner shall be fou r years, except that the term o f the
commissioner first appointed hereunder shall expire January first,
nineteen hundred and twenty-five.
D ep u ty
com
Sec. 11. There shall be a deputy commissioner, w ho shall be
m is s io n e r .
appointed by and removed at the pleasure o f the commissioner.
In d u stria l
Sec. 12. There shall be in the department an industrial board
board.
consisting o f three members. The members o f such board shall
be appointed by the governor, by and with the advice and consent
o f the senate, one o f whom shall be designated by the governor
as chairman. Upon the appointment o f a successor to the chair
man, the governor shall designate such successor or other member
o f the board as chairman. The term o f office o f a member o f
such board shall be six years, except that the terms o f the mem-

D ep a rtm en t o f
la b o r.

TEXT OF LAWS— NEW YORK,

139

bers first appointed shall expire, one on January first, nineteen
hundred and twenty-three, one on January first, nineteen hundred
and twenty-five, and one on January first, nineteen hundred and
twenty-seven.
Sec. 14. The principal office o f the department shall be in the Offices of the
city o f Albany in rooms designated by the trustees o f public departmentbuildings as provided by law. There shall be a branch office in
the city o f New York and in such other cities o f the state as the
commissioner may determine.
S e c . 17. The commissioner and members o f the industrial board
Salaries a n d
shall devote their entire time to the duties o f their respectiveexpensei*
offices. The commissioner shall receive an annual salary o f eight
thousand dollars; each member o f the industrial board shall re
ceive an annual salary o f eight thousand dollars; and the deputy
commissioner shall receive an annual salary o f seven thousand
dollars. The reasonable and necessary expenses o f the depart
ment and the reasonable and necessary traveling and other ex
penses o f the commissioner, deputy commissioner, members o f the
industrial board and other officers and employees o f the depart
ment, while actually engaged in the perform ance o f their duties
outside o f the city o f Albany, or i f any such officer or employee
be in charge or actually employed at a branch office o f the depart
ment, the reasonable and necessary traveling and other expenses
outside o f the place in which such branch office is located shall
be paid by the State treasurer upon the audit o f the comptroller,
upon vouchers approved by the commissioner.
Sec. 19. The commissioner shall appoint as many persons as Referees,
may be necessary to be referees to perform the duties prescribed
by this section. A referee shall devote his entire time to the
duties o f his office and shall receive an annual salary to be fixed
by the commissioner within the appropriation made therefor. It
shall be the duty o f a referee, under rules adopted by the indus
trial board, to hear and determine claims for compensation, and
to conduct such hearings and investigations and to make such
orders, decisions, and determinations as may be required by any
general or special rule or order o f the industrial board, under the
workmen’s compensation law pursuant to the provisions o f such
law. The decision o f a referee on such a claim shall be deemed
the decision o f the industrial board from the date o f the filing
thereof in the department unless the industrial board, on its own
motion or on application duly made to it, m odify or rescind such
decision.
Sec. 21. The commissioner shall be the administrative head o f
Commissioner,
the department.
The commissioner
1. Shall enforce all the provisions o f this chapter and o f the
industrial code, except as in this chapter otherwise provid ed ;
2. Shall exercise the powers and perform the duties in relation
to the administration o f the workmen’s compensation law hereto
fore vested in the industrial commission by chapter six hundred
and seventy-four o f the laws o f nineteen hundred and fifteen,
except in so fa r as such powers and duties are vested by this
chapter in the industrial board;

Sec. 22. The commissioner may sit with the industrial board in May sit with
the consideration o f any matter except reviews under the p r o -boardvisions o f the workmen’s compensation la w ; but shall not have
a vote upon any such matter. He shall be the custodian o f the
records o f the board.
Sec. 24. The commissioner may by order filed in the department Delegation of
delegate any o f his powers to or direct any o f his duties to be per- powers,
form ed by the deputy commissioner or a head o f a division or
bureau o f such departm ent
Sec. 26. A ll papers, books, records, or other documents required Examination of
to be kept by the provisions o f this chapter or o f the workmen’s b00ks and papers*
compensation law or o f the industrial code shall at all times be
open fo r the inspection o f the commissioner and the officers and

140

w o r k m e n ’s c o m p e n s a t io n

Tn d u st r i
board.

S e r v ic e
t ic e .

Reports.

Process.

l a w s o p t h e u n it e d s t a t e s .

employees o f the department, and the persons in charge thereof
shall afford every reasonable facility for their examination and
permit copies to be made when required by the commissioner.
al Sec. 27. General powers and duties o f industrial board. The
industrial board shall have power to make, amend, and repeal
rules for carrying into effect the provisions o f this chapter, apply
ing such provisions to specific conditions and prescribing means,
methods, and practices to effectuate such provisions. It shall have
power to hear and determine all claims for compensation under
the workmen’s compensation law in the manner provided by this
chapter or the workm en^ compensation la w ; to require medical
service fo r injured employees as provided by the workm en’s com
pensation la w ; to approve claim s for medical service or attorney’s
fees, to excuse failure to give notice either o f injury or death o f an
employee, to approve agreements, to m odify or rescind awards, to
make conclusions o f fact and rulings o f law, to certify questions
to the appellate division o f the supreme court, to enter orders
in appealed cases, to determine the time for the payment o f com
pensation, to order the reimbursement o f employers for amounts
advanced, to assess penalties, to commute awards, to compromise
actions fo r the collection o f awards, to require or permit em
ployers to deposit the present value o f awards in the aggregate
trust fund o f the State fund, to determine by rule the assign
ment o f a minor’s right to sue a third party, to require guardian
ship for minor dependents, to hear and determine claims under
the occupational disease act, to order physical examinations, to
take testimony by depositions; and to have and exercise all other
powers and duties, exclusive o f purely administrative functions,
originally conferred or imposed upon the ^workmen’s compensa
tion commission by the workmen’s compensation law or any other
statute, and by chapter six hundred and seventy-four o f the Laws
o f Nineteen Hundred and Fifteen conferred and imposed upon the
State industrial commission. For the purpose o f exercising such
powers and perform ing such duties, the industrial board shall be
deemed to be a continuation o f the State industrial com m ission;
and all proceedings under the workmen’s compensation law pend
ing before such commission are hereby transferred to the indus
trial board without prejudice to the rights o f any party to such
proceeding. Any hearing, inquiry, or investigation required or
authorized to be conducted or made by the industrial board may
be conducted or made by any individual member thereof, and
the order, decision, or determination o f such member shall be
deemed the order, decision, or determination o f the board from
the date o f filing thereof in the department unless the board on
its own motion or on application duly made to it m odify or rescind
such order, decision, or determination.
no* Sec. 33. Whenever the commissioner or board or apy person
affected by the provisions o f this chapter is required to give
notice in w riting to any person, such notice may be given
by mailing it in a letter addressed to such person at his last
known place o f business or by delivering it to him personally.
Notice to a partnership may be given to any o f the partners and
notice to a corporation may be given to any officer or agent there
o f upon whom a summons may be served as provided by the Code
o f Civil Procedure. Whenever an order or demand o f the depart
ment is required to be served it shall be served in the manner
hereinbefore provided for the service o f a notice or by delivering
it to any person o f suitable age and discretion in charge o f the
premises affected by such order, or if no person is found in charge
by affixing a copy thereof conspicuously upon the premises.
Sec. 35. Annual rep ort The commissioner shall make an an
nual report o f the department to the legislature on or before the
first day o f February.
Sec. 37. A ll notices or orders shall be given by and in the name
o f the department by the commissioner, by the industrial board
or a member thereof, or by the deputy commissioner or other
officer or employee thereunto duly authorized.

TEXT OF LAWS---- N EW YORK.

141

Sec. 38. The commissioner, a member o f the industrial board, Oaths and affi
the deputy commissioner, a referee, and any other officer or em davits.
ployee of the department if duly authorized by the commissioner
may administer oaths and take affidavits in matters relating to
the provisions o f this chapter and the workmen’s compensation
law.

Sec. 39. The commissioner, the members of the industrial Hearings
board, the deputy commissioner, and referees shall have power: subposnas.

and

1. To issue subpoenas for and compel the attendance o f w it
nesses and the production o f books, contracts, papers, documents,
and other evidence;
2. To hear testimony and take or cause to be taken depositions
o f witnesses residing within or without this State in the manper
prescribed by law for like depositions in civil actions in the
supreme court. Subpoenas and commissions to take testimony
shall be issued under the seal of the department.
S ec . 40. Any investigations, inquiry, or hearing which the com Proceedings.
missioner or board has power to undertake or to hold may by
special authorization be undertaken or held by or before any o f
the officers o f the department, and any decision rendered on such
investigation, inquiry, or hearing, when approved and confirmed
by the commissioner or board and ordered filed in the office, shall
be the order o f the department.
S e c . 41. The commissioner and the board shall not be bound by R u l e s
for
technical rules o f evidence and shall conduct all hearings accord hearings.
ing to procedure prescribed by them respectively.
32860°— 23------10

NORTH DAKOTA.
[The compensation law o f this State is amended by various
acts o f the legislature o f 1921.
Section 2 is amended by ch. 142, Acts o f 1921, by adding to the
Scope.
definition o f the term “ employee ” the words “ and excluding
also any executive officer o f a business concern who receives a
salary o f more than twenty-four hundred dollars ($2,400) per
year.”
Section 3 is amended by ch. 141, Acts o f 1921, by changing the
Burial.
burial allowance in Paragraph I from $100 to $150.
Section 4 is amended by ch. 145, Acts o f 1921, by designating
the paragraphs in order by the letters A, B, C, etc. Paragraph A
is amended to read as fo llo w s :]
Bureau e r e
S e c . 4. A. A workmen’s compensation bureau is hereby created
ated.
in the department o f agriculture and labor, consisting o f the
State commissioner o f agriculture and labor, the State insurance
commissioner, and three 03) workmen’s compensation commis
sioners to be appointed by the governor, and the three commis
sioners so appointed shall devote their entire time to the duties
o f the bureau. A t the expiration o f each o f the terms o f the
members o f the bureau as legally constituted, their successors
shall be appointed for a term o f 5 years. One o f the appointees
o f the said bureau shall be a representative o f labor and one o f
the appointees o f the said bureau shall be a representative o f the
p u b lic: P r o v i d e d , That the governor may remove for cause any or
all commissioners so appointed by him.
[The maximum annual expenditure as fixed by paragraph (D )
is increased from $50,000 to $55,000.
Following the fifth paragraph a new paragraph is inserted, as
fo llo w s :]
F. A m ajority o f the bureau shall constitute a quorum for the
Quorum.
transaction o f business, and a vacancy shall not impair the right
o f the remaining members to exercise all the powers o f the full
bureau so long as a m ajority remains, but the representatives of
the employers and the employees, respectively, ^hall constitute a
part o f such m ajority. Any investigation, inquiry, or hearing
which the bureau is authorized to hold or undertake, may be held
or undertaken by or before any one member o f the bureau. All
investigations, inquiries, hearings, and decisions o f the bureau
arid every order made by a member thereof, when approved and
confirmed by a m ajority o f the members, and so shown on its
record o f proceedings, shall be deemed to be the order o f the
bureau.
[Section 5 is amended by ch. 143, Acts o f 1921, by striking out
the second sentence in the first paragraph and substituting there
for the fo llow in g :]
It is further provided that if the workmen’s compensation
New employ
bureau finds that any person, firm, private corporation, or any
ers.
public service corporation, either within or without the State
o f North Dakota, is an employer within the meaning o f this act,
it shall determine the date when he or it became such, which
finding and determination for all purposes o f this act be prima
facie but not conclusive evidence thereof, unless it can be other
wise shown by the employer affected. The bureau shall forthwith
give notice o f said action to the employer, who shall immediately
thereafter furnish the bureau with a pay roll covering the period
included in said finding, not exceeding twelve (12) months last
past, together with an estimated pay roll for twelve (12) months

142

TEXT OF LAWS— NORTH DAKOTA.

143

next succeeding from the date o f such finding, and comply w ith
all provisions o f the workmen’s compensation act, and all amend
ments thereto, which inform ation shall be furnished on blanks
to be prepared by the bureau; and it shall be the duty o f the
bureau to furnish such blanks to employers free o f charge upon
request therefor.
[This section is also amended by inserting the w ord “ w ill
f u lly ” before the w ord “ m isrepresents” in the first line o f the
third paragraph.
Section 8 is amended so as to read as fo llo w s :]
Sec. 8 (as amended by ch. 144, Acts o f 1921). I f an employer F a ilu r e to p a y
fails, neglects, or refuses to make any payments required to be p r e m iu m s ,
made by him or it to the workmen’s compensation fund, it shall
be conclusively presumed that such employer has elected to pay
his or its fu ll premium into the workmen’s compensation fund,
and the bureau shall then determine the amount o f premium due
from said employer fo r the next succeeding twelve (12) months
from the date notice is given by the bureau o f the amount so due
and shall inform said employer o f the amount thereof in such
notice, and shall order the same paid into said fu n d : P r o v i d e d ,
That i f the annual premium payable to the fund by any em
ployer amounts to $200 or more, one-half thereof shall be paid
in cash within a period o f ten (10) days from date said notice is
received, and one-half thereof shall be paid within a period o f six
(6 ) months from date o f said n otice: P r o v i d e d ^ Such employer
files a certified check, a certificate o f deposit, or a bond w ithin
said period o f ten (10) days w ith the workmen’s compensation
bureau with sureties to the approval o f said bureau, guaranteeing
that such portion to be paid after the said ten (10) days w ill be
paid to said bureau w ithin said period o f six (6 ) months, together
with the court costs which may be incurred on account o f suit
on such bon d: A n d p r o v i d e d , a l s o , I f the annual premium pay
able to the fund by any employer amounts to more than $100
and less than $200, $100 thereof shall be paid in cash within said
period o f ten (10) days, and remaining portion thereof shall
be paid within said period o f six (6 ) months, provided a cer
tified check, a certificate o f deposit, or a bond is filed w ith said
bureau within said period o f ten (10) days w ith sureties to the
approval o f the bureau guaranteeing that such portion to be paid
after the said ten (10) days w ill be paid to said bureau within
said period o f six (6 ) months, together with court costs as afore
said. Nothing in this act shall be construed to prevent any em
ployer from paying the whole amount o f premium in cash.
In case o f default o f any employer in making any payment or in Collection,
filing any proper bond as herein required, it shall be the duty o f
the workmen’s compensation bureau to certify, or cause to be cer
tified, to the attorney general o f the State the name and place
o f business o f such employer and the amount due from such em
ployer, and it shall then be the duty o f the attorney general forth
w ith to bring, or cause to be brought, for the collection o f such
amount so due, a civil action against such employer, in the name
o f the State, and such action shall be brought in either the district
court o f Burleigh County, North Dakota, or in any county in
which such employer is engaged in business, at the option o f the
attorney general.
I f upon final hearing o f said cause, it is found and determined
that the defendant is an employer within the meaning o f this act,
the court shall render judgment against said defendant fo r the
amount o f said premium, w ith interest from the date o f the de
termination o f said amount by the bureau, together w ith costs,
which judgment shall be paid into the workmen’s compensation
fund. The payment o f such judgment shall entitle such employer
and employees o f such employer to the benefits o f this act from
the date said notice is issued by this bureau notifying such em
ployer o f the amount o f premium due. I f the judgment can not
be paid in full, the bureau shall determine the date upon which
said employee’s right to participate in the fund shall inure.

144

WORKMEN’S COMPENSATION LAWS OP THE UNITED STATES.

Effect of pay
The
ment.
by an

Nonresidents.

Remedies.

payment o f premium into the workmen’s compensation fund
employer shall entitle such employer and the employees o f
such employer to the benefits o f this act from the time o f payment
o f said money into the workmen’s compensation fund, except as
otherwise provided in this section with reference to payment o f
judgments.
A ll judgments obtained in any action prosecuted by the bureau,
or by the State under authority o f this act, shall be a prior lien
over all other judgments and liens, except those now in existence.
I f any employer, who has complied with this act, shall default
in any payment required to be made by him or it to the workmen’s
compensation fund for a period o f ten (10) days after notice that
such payment is due, the same proceedings shall be had as in the
case o f an employer against whom the bureau has made a finding
as hereinbefore provided.
All such cases shall have precedence over all other civil actions
and shall be assigned for trial as soon as the issues are made up.
I f the defendant is a nonresident o f this State, or a foreign cor
poration doing business in this State, service o f summons may be
made upon any agent, representative or foreman o f said defendant
wherever found in the State, or service may be made in any other
manner designated by statute.
In any action, provided fo r herein fo r the collection o f pre
miums, the remedies o f garnishment or attachment or both shall
be available, and in any action for the collection o f premiums no
exemptions, except absolute exemptions, shall be claim ed by or
allow ed to such employer.

OHIO,
[The compensation law o f this State w as amended by A cts o f
1919 (adjourned session) and 1921. The changes are indicated
below.
Section 1465-43 is repealed by act, p. 105, A cts o f 1921, which
establishes an administrative code for the State. The industrial
commission is made a part o f the newly created department o f
industrial relations fo r administrative purposes.
Section 1465-46 is amended so as to read as fo llo w s :]
Sec. 1465-46 (as amended by act, p. 181, A cts o f 1921). The Information .
inform ation contained in the annual report provided fo r in t h e confidential*
preceding section, and such other inform ation as may be fu r
nished to the commission by employers in pursuance o f the pro
visions o f said section, shall be fo r the exclusive use and inform a
tion o f said commission in the discharge o f its official duties, and
shall not be open to the public nor be used in any court in any
action or proceeding pending therein unless the commission is a
party to such action or proceeding; but the inform ation contained
in said report m ay be tabulated and published by the depart
ment, in statistical form , fo r the use and inform ation o f other
State departments and the public. A ny person in the employ o f
the commission who shall divulge any inform ation secured by
him w hile in the employ o f the commission in respect to the
transactions, property, business, or mechanical, chemical or other
industrial processes o f any company, firm, corporation, person,
association, copartnership, or public utility to any person other
than the members o f the commission shall be fined not less than
one hundred dollars ($100) nor more than one thousand dollars
($1,000), and shall thereafter be disqualified from holding any
appointment or employment w ith the commission.
[Section 1465-53a w as added as fo llo w s :]
Sec. 1465-53a (added by act, p. 181, Acts of 1921). The In- Occupational
dustrial Commission o f Ohio, on and after July 1, 1921, shall fix disease fund,
such rates o f premium fo r all occupations and industries based
upon the total payroll o f each o f said occupations and industries as
w ill provide an adequate fund fo r the compensation provided by
law on account o f occupational disease, and maintain a State
occupational disease fund until July 1, 1924.
The Industrial Commission o f Ohio shall investigate and ascer
tain the hazard o f the diseases specified in. section 1465-68a o f
the General Code, in occupations or industries and, on and after
July 1, 1924, shall classify occupations or industries accord
ing to the degree o f such hazard and fix such rates o f hazard
premium o f the risks o f the same, based upon the total pay roll in
each o f said classes as w ill provide an adequate fund fo r the pay
ment o f the compensation provided by law on account o f such
diseases, and maintain a State occupational disease fund from
year to year.
Ten per cent o f the money that shall be paid into the occupa
tional disease fund on and after July 1, 1921, shall be set aside
fo r the creation o f a surplus until such surplus shall amount to
the sum o f tw o hundred and fifty thousand dollars, after which
time, whenever necessary in the judgment o f the industrial com
mission to guarantee a solvent occupational disease fund, a sum
not to exceed five per cent o f all the money paid into the occu
pational disease fund shall be credited to such surplus fund.
In order to determine properly such classification the commis- statistical, etc.,
Sion shall collect and collate inform ation w ith respect to such information.

146

w o r k m e n ’s c o m p e n s a t io n l a w s op t h e u n it e d s t a t e s .

diseases, and shall obtain statistical, actuarial, and such other
inform ation as may be necessary to effect the purposes o f this
section, including the study o f the experience o f other States and
countries having similar laws compensating the victim s o f occupa
tional diseases. The commission shall employ and detail to such
w ork such physicians, examiners, clerks, and assistants as shall
be necessary.
In connection with, and as a part of, such investigation, the
industrial commission may from time to time publish such con
clusions as it may reach as to causes and prevention o f occupa
tional diseases.
[Section 1465-55a w as added, as fo llo w s :]
Audit of fund. Sec. 1465-55a ( added by act, p. 590, Acts o f 1921). The auditor o f
State is hereby authorized and required to make a complete audit
o f the State insurance fund at such time as he may deem neces
sary. Such audit shall cover all moneys, securities, bonds, vouch
ers, and transactions relative to such fund, and fo r such purpose
the auditor or any examiners designated by him shajl have access
to the records and books o f the industrial commission at any
time, and the cost o f such audit shall be a charge against the
State insurance fund and shall be paid from such fund monthly
upon vouchers certified by the auditor o f State.
The auditor o f State shall also prescribe form s o f records and
methods o f accounting to be used by the industrial commission in
connection w ith such State insurance fund.
[Section 1465-56 is amended so as to read as fo llo w s :]
Custodian.
Sec. 1465-56 (as amended by act, p. 181, A cts o f 1921). The
treasurer o f State shall be the custodian o f the State insurance
fund and the occupational disease fund, and all disbursements
therefrom shall be paid by him upon vouchers authorized by the
Industrial Commission o f Ohio and signed by any tw o members o f
said com m ission; or, such vouchers may bear the facsim ile sig
natures o f the members o f said commission printed thereon, and
the signature o f the deputy or other employee o f said commission
charged w ith the duty o f keeping the account o f said funds and
w ith the preparation o f vouchers fo r the payment o f compensa
tion to the person or persons entitled thereto under the provisions
o f this a c t
[Section 1465-58 is amended by act, p. 524, A cts o f 1921, by
adding conservancy districts to the list o f those whose bonds may
be bought as investm ents; also by substituting the State indus
trial commission fo r the (obsolete) liability board o f awards,
where the latter is mentioned.
Section 1465-58a is amended by act, p. 47, A cts o f 1921, pre
scribing details o f the issue, printing, etc., o f bonds and coupons
purchased or to be purchased by the industrial commission.
Sections 1465-68a, 1465-68b, and 1465-68c are added, as fo l
lo w s :]
Occupational Sec. 1465-68a (added by act, p. 181, Acts o f 1921). E very emdisease.
ployee who is disabled because o f the contraction o f an occupa
tional disease as herein defined, or the dependents o f ah employee
whose death is caused by an occupational disease as herein de
fined, shall, on and after July 1st, 1921, be entitled to the com
pensation provided by sections 1465-78 to 1465-82, inclusive, and
section 1465-89 o f the General Code, subject to the modifications
hereinafter m entioned: P r o v i d e d , That no person shall be entitled
to such compensation unless fo r ninety days next preceding the
filing o f a claim fo r compensation the employee has been a resi
dent o f the State o f Ohio, or fo r ninety days next preceding the
filing o f a claim fo r compensation has been employed by an
employer required by the workmen’s compensation law o f Ohio
to contribute to the occupational disease fund o f Ohio fo r the
benefit o f such employee, or to compensate such employee directly
under the provisions o f section 1465-69 o f the General Code,
lis t
The follow ing diseases shall be considered occupational diseases
and compensable as such when contracted by an employee in the

TEXT OF LAWS— OHIO.
course o f his employment in which such employee was engaged
at any time within twelve months previous to the date o f his
disablement and due to the nature o f any process described
herein.
S

D E S C R IP T IO N

D IS E A S E

c h e d u l e

D E S C R IP T IO N

OF P R O C E SS.

IN J U R Y .

Handling o f wool, hair bristles,
hides, and skins.
Care o f any equine animal suf
Glanders.
fering from glanders; han
dling carcass o f such animal.
Any industrial process involving
Lead poisoning.
the use o f lead or its prepara
tion or compounds.
Mercury poisoning.
Any industrial process involving
the use o f mercury or its prep
arations or compounds.
Phosphorus poisoning.
Any industrial process involving
the use o f phosphorus or its
preparations or compounds.
Arsenic poisoning.
Any industrial process involving
the use o f arsenic or its prep
arations or compounds.
Poisoning by benzol or by Any industrial process involving
nitro and amido deriva
the use o f benzol or a nitro
or amido derivative o f ben
tives o f benzol (dinitrozol or its preparations or
benzol, anilin, and oth ers).
compounds.
Poisoning by gasoline, ben Any industrial process involving
the use o f gasoline, benzene,
zene, naphtha, or other
naphtha, or other volatile pe
volatile petroleum prod
troleum products.
ucts.
Poisoning by carbon bisul Any industrial process involving
the use o f carbon bisulphide
phide.
or its preparations or com
pounds.
Poisoning by w ood alcohol. Any industrial process involving
the use o f w ood alcohol or its
preparations.

1. Anthrax.
2.
3.
4.
5.
6.
7.

10.

11. Infection or inflammation of
the skin on contact sur
faces due to oils, cutting
compounds or lubricants,
dust, liquids, fumes, gases,
or vapors.

Any industrial process involv
ing the handling or use o f
oils, cutting compounds or lu
bricants, or involving contact
with dust, liquids, fumes,
gases, or vapors.

12. Epithelioma cancer or ulcer
ation o f the skin or o f the
corneal surface o f the eye
due to carbon, pitch, tar,
or tarry compounds.
18. Compressed air illness.

Handling or industrial use o f
carbon, pitch, or tarry com
pounds.

14. Carbon dioxide poisoning.
15. Brass or zinc poisoning.

Any industrial process carried .
on in compressed air.
Any process involving the evo
lution or resulting in the es
cape o f carbon dioxide.
Any process involving the man
ufacture, founding, or refining
o f brass or the melting or
smelting o f zinc.

147

148

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 t h e u n it e d s t a t e s ,

S . 1465-6Sb

act, p. 181,

1921).

ec
(added by
Acts o f
Every em
ployee mentioned in the next preceding section and the de
pendent or dependents o f such employee and the employer or em
ployers o f such employee shall be entitled to all the rights, bene
fits, and immunities and shall be subject to all the liabilities,
penalties, and regulations provided for injured employees and
their employers by sections
to
General Code,
inclusive, save and except section
General Code, which
shall not apply to any case involving occupational disease, and
also subject to such other modifications or exemptions herein
after provided.
The industrial commission shall have all o f the powers, au
thority, and duties with respect to the collection, administration,
and disbursement o f the State occupational disease fund as are
provided for in sections 1465-44 to 1465-108, General Code, in
clusive, providing for the collection, administration, and disburse
ment o f the State insurance fund for the compensation o f injured
employees.
Sec. 1465-68c (added by act, p. 181, Acts o f 1921). No compen
F a l s e repre
sentations.
sation shall be awarded on account o f disability or death from
disease suffered by an employee who, at the time o f entering into
the employment from which the disease is claimed to have re
sulted, shall have w illfully and falsely represented himself as not
having previously suffered from such disease. Compensation shall
not be awarded on account o f both injury and disease, except
when the disability is caused by such disease and an injury, in
which event the commission may apportion the payment o f com
pensation provided for in sections 1465-79 to 1465-82, General
Code, inclusive, between the funds as in their judgment seems just
and proper. I f an employee is suffering from both occupational
disease and an injury, and the Industrial Commission o f Ohio
can determine which is causing his disability, it shall pay com
pensation therefor from the proper fund.
Compensation for loss sustained on account o f occupational dis
Payments.
ease by an employee mentioned in subdivision 1 o f section 1465-61,
General Code, or the dependents o f such employee, shall be paid
from the fund provided for in sections 1465-62 to 1465-67, Gen
eral Code, inclusive.
Compensation for loss sustained on account o f such disease by
an employee mentioned in subdivision 2 o f section 1465-61, Gen
eral Code, ’or the dependents of such employee, shall be paid from
the occupational disease fund or by the employer o f such em
ployee, in case such employer has elected to pay such compensa
tion directly to his employees.
[Section 1465-69 is amended by act, p. 291, Acts o f 1921, by in
serting in the last sentence, after the words “ provided for,” the
w ords “ or revoke the right o f such employer to pay compensa
tion direct.”
Section 1465-69a is added, as fo llo w s :]
O o m p l i a n c • Sec. 1465-69a (added by act, p. 1145, Acts o f 1919, adjourned
with law.
session). It shall be the duty o f each member o f a firm, and o f
the president, secretary, general manager or managing agent o f
each private corporation including any public service corporation
mentioned in section 1465-60 o f the General Code, to cause such
firm or corporation to comply With the provisions o f section
1465-69 o f the General Code, and every person mentioned in said
section 1465-60 and members o f such firms and said officers o f
such corporations referred to in this section who neglect or fail
to comply with the provisions o f said section 1465-69 shall be
guilty o f a misdemeanor and upon conviction thereof shall be
fined not more than five hundred dollars and the costs o f prosecu
tion. Such fine when collected shall be paid to the industrial
commission and placed in the State insurance fund.
Law applies.

1465-44 1465-108,
1465-90,

Each day’s refusal on the part of such person, members of
such firm or the officers of such corporations to comply with said
Section 1465-69, after notice to said person, firm, or corporation,

TEXT OF LAWS— OHIO,

149

including any public service corporation, from the industrial com
mission to comply with the same, shall be deemed a separate
offense and be punished as herein provided.
All courts exercising jurisdiction in cases o f misdemeanor, in
cluding justices o f the peace, shall have final jurisdiction o f
offenses under this section; but an affidavit charging such an
offense shall not be filed unless the same bears the approval o f
the prosecuting attorney o f the proper county or o f the attorney
general.
[Section 1465-69b (so designated by the attorney general) is
added, as fo llo w s :]
S e c . 1465-69b (added by act, p. 181, Acts o f 1921).
Every per- P a y m e n ts t o
son, firm, or corporation, who is an employer within the m eaningfund*
o f subdivision 2 o f section 1465-450, General Code, shall, in the
month o f July, 1921, and semiannually thereafter, pay into the oc
cupational disease fund fo r the compensation o f occupational
diseases the amount o f premium determined and fixed by the In
dustrial Commission o f O h io; and in the month o f July, 1924, and
semiannually thereafter, shall pay into the occupational disease
fund for the compensation o f occupational diseases such amount
o f premium as shall be fixed and determined by the Industrial
Commission o f Ohio, for the occupation or employment o f such
employer, according to the classifications, rules, and rates made
and published by said com m ission; and such employer shall semi
annually thereafter pay such further sum o f money into the occu
pational disease fund as may be ascertained to be due from him
by applying the rules o f said commission, and a receipt or certifi
cate that such payment has been made shall immediately be
mailed to such employer by the Industrial Commission o f Ohio,
which receipt or certificate, attested by the seal o f said commis
sion shall be prima facie evidence o f the payment o f such prem ium :
P r o v i d e d , That all such employers who become subscribers to the
occupational disease fund for the compensation o f occupational
diseases after July 1, 1921, shall make such semiannual payments
on the dates on which such employers become subscribers to the
occupational disease fund for the compensation o f occupational
diseases and thereafter upon the expiration o f the respective
periods for which payments into the fund have been made by th em :
A n d p r o v i d e d , That such employers who desire to pay individs e lf-in s u r e r s ,
ually the compensation on account o f occupational diseases o f their
employees upon the terms and conditions provided in section
1465-69, General Code, may pay such compensation upon com
pliance w ith and satisfaction o f all the terms and conditions o f
said section. Except in lieu o f the payments required to be paid
into the surplus o f the State insurance fund by said section, such
employer shall pay into the occupational disease fund such amount
or amounts as are required to be credited to the surplus o f such
fund as provided in section 1465-53a, General Code. Such em
ployers as are permitted to pay such compensation individually
shall be entitled to all the benefits and immunities and subject
to all o f the liabilities and penalties to which employers who
elect to pay directly the compensation o f injured employees under
the provisions o f section 1465-69, General Code, are entitled or
subjected under the workmen’s compensation law o f the State
o f Ohio, except as herein provided.
[Section 1465-72b is added, as fo llo w s :]
S e c . 1465-72b (added by act, p. 181, Acts o f 1921).
In all cases T i m e
fo r
o f occupational disease, or death resulting from occu pation alclaims*
disease, claims for compensation shall be forever barred, unless,
within two months after the disability due to the disease began,
application shall be made to the Industrial Commission o f Ohio,
or to the employer in the event such employer has elected to
pay compensation direct, except in such cases as are provided for
in section 1465-82, subdivision 4, General Code.
[Section 1465-75 is amended so as to read as fo llo w s :]
S e c . 1465-75 (as amended by act, p. 1145, Acts o f 1919, adN e w e m p lo y e r s,
journed session). I f the industrial commission finds that any

150

w o r k m e n ’s c o m p e n s a t io n l a w s o p t h e u n it e d s t a t e s .

person, firm, or private corporation, including any public service
corporation, is an employer within the meaning o f this act, it shall
determine the date when he or it became such, which finding and
determination shall for all purposes o f this act be prima facie
evidence thereof. The commission shall forthw ith give notice o f
said action to the employer who shall immediately thereafter
furnish the commission with a pay roll covering the period in
cluded in said finding, together with an estimated pay roll for
six months next succeeding from the date o f such finding and
shall comply with all the provisions o f section 1465-69 o f the
General Code.
I f said employer fails, neglects, or refuses to comply w ith the
provisions of said section w ithin five days after receiving such
notice, it shall be conclusively presumed that such employer has
elected to pay his or its full premium into the State insurance
fund and the commission shall then determine the amount o f
Premiums.
premium due from said employer from the date the commission
found him or it to be subject to this act, including the amount
o f premium to be paid by him or it for the next succeeding six
months, and shall notify said employer o f the amount thereof and
shall order the same paid into said fund. I f said amount is not
paid within five days after receiving such notice, the commission
shall certify the same to the attorney general, to be by him col
lected in the name o f the State from the employer, by civil action
in the court o f common pleas o f Franklin County or o f any county
in which such employer is engaged in business.
Enforcement of • Unless said employer shall, within the five days last aforesaid,
payments.
execute a bond to the State in double the amount so found and
ordered paid by the commission, with sureties to the approval o f
the commission, conditioned that he or it w ill pay any judgment
and costs rendered against him or it fo r said premium, the court
at the time o f the filing o f the petition, and without notice, shall
appoint a receiver for the property and business o f such em
ployer, in this State, with all the powers o f receivers in other
cases, who shall take charge o f all said property and assets o f
the defendant and administer the same under the orders of the
court.
I f upon final hearing o f said cause it is found and determined
that the defendant is an employer within the meaning o f this act,
the court shall render judgment against said defendant fo r the
amount o f said premium, w ith interest from the date o f the
determination o f said amount by the commission, together w ith
costs, which judgment shall be given the same preference as is
now or may hereafter be allowed by law on judgments rendered
fo r claims for taxes, and shall be paid by the receiver into the
State insurance fund. The payment o f such judgment shall
entitle employees o f such employer to the benefits o f this act
from the date on which the latter became subject to this act as
determined by the commission. I f the judgment can not be paid
in full, the commission shall determine the date upon which said
employees’ right to participate in the fund shall inure.
Defaults.
i f any employer who has complied with this act shall default
in any payment required to be made by him or it to the State
insurance fund, for a period o f ten days after notice that such
payment is due, the same proceedings shall be had as in the case
o f an employer against whom the commission has made a finding
as hereinbefore provided.
All such cases shall have precedence over all other civil actions
and shall be assigned for trial as soon as the issues are made
up.
The judgment herein shall not be a bar to the adjustment of
the premiums provided for in section 1465-55 o f the General Code.
Nonresident.
j f the defendant is a nonresident o f this State or a foreign
corporation doing business in this State, service o f summons may
be made upon any agent, representative or foreman o f said de
fendant, wherever found in the State, or service may be made in
any other manner designated by statute.

TEXT OF LAWS— OHIO,

151

[Section 1465-80 is amended by act, p. 291, Acts o f 1921, by
changing the weekly maximum benefit for partial disability from
$12 to $15; also by inserting before the last paragraph the
fo llow in g :]
In case an injury results in serious facial or head dis Disfigurement.
figurement which impairs the opportunities to secure or retain
employment, the Industrial Commission o f Ohio may in its dis
cretion, make such award o f compensation as it may deem proper
and equitable, in view o f the nature o f the disfigurement and not
to exceed the sum o f thirty-seven hundred and fifty dollars.
[Section 1465-81 is amended by act, p. 291, Acts o f 1921, by
changing the weekly maximum benefit fo r permanent total dis
ability from $12 to $15.
Section 1465-82 is amended by act, p. 291, Acts o f 1921, by
adding a new clause to paragraph 5 (B ), so that it now r ea d s:]
(B ) A child or children under the age o f sixteen years (o r D e p e n d e n t c h i l
over said age if physically or mentally incapacitated from earn d ren .
ing) upon the parent w ith whom he is living at the time o f the
death o f such parent, or for whose maintenance such payment
was legally liable at the time o f his death.
[Section 1465-90 is amended so as to read as fo llo w s :]
D e cis io n s fin a l.
S e c . 1465-90 (as amended by act, p. 291, A cts o f 1921). The
commission shall have fu ll power and authority to hear and de
termine all questions within its jurisdiction, and its decision
thereon shall be final: P r o v i d e d , h o w e v e r , In case the final ac
tion o f such commission denies the right o f the claimant to par
ticipate at all or to continue to participate in such fund on the
ground that the injury w as self-inflicted or on the ground that
the accident did not arise in the course o f employment, or upon
any other jurisdictional ground going to the basis o f the claimant’s
right, then the claimant, within thirty (30) days after the notice
o f the final action o f such commission, may by filing his appeal Appeals.
in the common pleas court o f the county wherein the injury was
inflicted or in the common pleas court o f the county wherein the
contract o f employment w as made, in cases where the injury oc
curs outside o f the State o f Ohio, be entitled to a trial in the
ordinary way, and be entitled to a ju ry i f he demands it. In
such a proceeding, the prosecuting attorney o f the county, unless
he represents the appellant, shall represent the Industrial Com
mission o f Ohio, without additional compensation, and he shall
be notified by the clerk forthw ith o f the filing o f such appeal,
but if said prosecuting attorney represents the appellant, the In
dustrial Commission o f Ohio shall be notified by said clerk forth
with o f the filing o f said appeal. W ithin thirty days after
filing his appeal, the appellant shall file a petition in the ordinary
form against such commission as defendant, and further plead
ings shall be had in said cause, according to the rules o f civil
procedure. The Industrial Commission o f Ohio shall certify Procedure;
with its answer a transcript o f its record relating to the matter
in which the appeal is taken, and the court, or the jury, under
the instructions o f the court, if a ju ry is demanded, shall deter
mine the right o f the claimant upon the evidence contained in
such record and no other evidence, and i f they determine the
right in his favor, shall fix his compensation within the lim its
under the rules prescribed in this a c t ; and any final judgment so
obtained shall be paid by the Industrial Commission o f Ohio
out o f the State insurance fund in the same manner as such
awards are paid by such commission. In claims fo r compensa
tion, medical, hospital and nursing services, and medicines and
funeral expenses brought before said commission, by an injured
employee or by his dependents in the event o f his death as the
result o f injury sustained in the course o f employment, in which
said commission denies the right o f claimant or claimants to re
ceive or to continue to receive compensation from an employer
who has duly elected to pay compensation, medical, hospital
and nursing services, and medicines and funeral expenses direct

152

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 t h e u n it e d s t a t e s .

to his injured and the dependents o f his killed employees on the
ground that the injury was self-inflicted, or on the ground that
the injury did not arise in the course o f employment, or upon any
other jurisdictional ground going to the basis o f the claim ant’s
right, the claimant or claimants shall have the right to appeal to
the common pleas court o f the county wherein the injury was in
flicted, or to the common pleas court o f the county wherein the
contract o f employment was made, in cases where the in ju ry oc
curs outside o f the State o f Ohio, in the same manner as in claims
against the State insurance fund and as heretofore prescribed
in this section, except that the employer shall be the defendant in
such proceedings. Upon the filing o f the petition by such claim
ant against such employer, the court wherein the petition is
filed shall order the Industrial Commission o f Ohio to certify
to said court a transcript o f its record in the claim in which the
appeal is taken and further proceedings shall be had in said
cause as provided in appeals against the Industrial Commission
o f Ohio, and if a verdict is rendered in favor o f the claimant or
claimants, compensation shall be fixed within the limits under
the rules prescribed in this a c t; and any final judgment so obJudgments.
tained shall be paid by the employer. Such judgment shall
have the same preference against the assets o f the employer in
favor o f the claimant or claimants as is now, or may hereafter
be, allowed by law on judgment rendered for claims fo r taxes.
Any claims for compensation, medical, hospital and nursing
services, and medicines and funeral expenses brought before
Claims againstsaid commission by an injured employee, or by his dependents in
employers.
the event o f his death as a result o f injury sustained in the
course o f employment in which said commission denies the right
o f claimant or claimants to receive or to continue to receive com
pensation from an employer who has failed or neglected, either
to contribute to the State insurance fund or to elect to pay com
pensation, medical, hospital or nursing services, and medicines
and funeral expenses direct to his injured, or the dependents o f
his killed employees, on the ground that the injury was self-in
flicted or on the ground that the injury did not arise in the
course o f employment, or upon any other jurisdictional ground
going to the basis o f the claim ant’s right, the claimant or
claimants have the right to appeal to the common pleas court o f
the county wherein the injury was inflicted, or to the common
pleas court o f the county wherein the contract o f employment was
Appeals.
made, in cases where the injury occurs outside o f the State o f
Ohio, in the same manner as in claims against the State insur
ance fund and as heretofore prescribed in this section; except
that the employer shall be the defendant in such proceedings.
Upon the filing o f the petition by such claimant against such
employer, the court wherein the petition is filed shall order the
Industrial Commission o f Ohio to certify to said court a transcript
o f its record in the claim in which the appeal is taken and further
proceedings shall be had in said cause as provided in appeals
against the Industrial Commission o f O hio; and if a verdict is
rendered in favor o f the claimant or claimants, compensation
shall be fixed within the lim its under the rules prescribed in
this a ct; and any final judgment so obtained shall be paid by
the employer. Such judgment shall have the same preference
against the assets o f the employer in favor o f the claimant or
claimants as is now, or may hereafter be, allowed by law on
judgment rendered for taxes. The cost of any legal proceed
ings, authorized by this section, including an attorney’s fee to the
claim ant’s attorney to be fixed by the trial judge, shall be taxed
Costs.
against the unsuccessful p a rty: P r o v i d e d , h o w e v e r , That such
attorney fee shall not exceed twenty per cent o f any award up
to the sum o f five hundred dollars, and ten per cent on all
accounts in excess thereof, but in no event shall such fee exceed
the sum o f five hundred dollars. Either party in any o f such
proceedings shall have the right to prosecute error as in the ordi
nary civil cases.

TEXT OF LAWS— OHIO,

153

[Section 1465-91 is amended so as to read as fo llo w s :]
e c . 1465-91
(as amended by act, p . 181, Acts o f 1921). Such P r o c e d u r e ,
commission shall not be bound by the usual common law or
statutory rules o f evidence or by any technical or form al rules o f
procedure, other than as herein provided; but may make the
investigation in such manner as in its judgment is best calculated
to ascertain the substantial rights o f the parties and to carry out
ju stly the spirit o f this a c t : P r o v i d e d , That no compensation shall
be paid to any claimant on account o f any occupational diseases,
the existence o f which is denied, unless a medical advisor ap
pointed by the commission shall have examined such claimant
fo r the purpose o f determining the existence o f such disease, and
the approximate time, place, and cause o f its in ception ; and when
an employee is claimed to have died from an occupational disease,
no award shall be paid to the dependents o f such deceased person
until a medical advisor appointed by the commission shall have
had opportunity to examine the body o f such deceased person
fo r the purpose o f determining the cause o f death.
[Section 1465-99a is added, as fo llo w s :]
S e c . 1465-99a (added by act, p. 181, Acts o f 1921).
E very D u t y o f p h y s iphysician in this State attending on or called in to visit a patient cians*
whom he believes to be suffering from an occupational disease as
defined in this act shall, within forty-eight hours from the time
o f making such diagnosis, send to the Industrial Commission o f
Ohio a report stating: (a ) Name, address, and occupation o f
patient; (b ) name and address o f business in which em ployed;
(c ) nature o f disease; (d ) name and address o f employer o f
patient; (e ) such other inform ation as may be reasonably re
quired by the Industrial Commission o f Ohio.
The reports herein required shall be made on blanks to be
furnished by the Industrial Commission o f Ohio. The mailing
o f the report within the time stated in a stamped envelope ad
dressed to the office o f the Industrial Commission o f Ohio shall
be a compliance w ith this section.
Keports made under this section shall not be evidence o f the
facts therein stated in any action arising out o f a disease therein
reported.
It shall be the duty o f the Industrial Commission o f Ohio
within twenty-four hours after the receipt o f such report to send
a copy thereof to the employer o f the patient named in the report.
Whoever, being a physician practicing in the State o f Ohio,
neglects or refuses to make and transmit to the Industrial Com
mission o f Ohio the report provided for in this section shall be
fined not to exceed one hundred dollars or imprisoned fo r not to
exceed ninety days, or both, but no person shall be imprisoned
under this section fo r a first offense, and the prosecution shall
always be as and fo r a first offense unless the affidavit upon which
the prosecution is instituted contains the allegation that the
offense is a second or repeated offense. The Industrial Commis
sion o f Ohio is directed to enforce the penal provisions o f this
section.
[Section 1465-103 is amended so as to read as fo llo w s :]
S e c . 1465-103 (as amended by act, p. 181, Acts o f 1921). As a
R ep ort*,
part o f its annual report such commission, under the oaths o f at
least two o f its members, shall make a report fo r the preceding
fiscal year, o f the number o f awards made by it, a general state
ment o f the causes o f accidents leading to the injuries fo r which
awards were made, a general statement o f the causes o f occupa
tional diseases fo r w hich awards were made, and a detailed state
ment o f the condition o f its respective funds. In such report, it
may bring to the attention o f the governor such diseases arising
out o f and due to industrial processes as it believes should be
made compensable as occupational diseases.
From time to time the commission may collate such general in
form ation as to the business transacted by the department as in
its judgment may be desirable fo r distribution to employers and
employees.
S

OREGON,
[The compensation law o f this State w as amended in several
sections by ch. 311, Acts o f 1921. The act has been codified,
and the code section numbers are given below, follow ing the
original section number. The changes are as fo llo w s :
Section 10 (6614) is amended by adding the follow in g p ro v iso :]
r a f lT o^ d ^ com 1
P rovided, h ow ever , That if any railroad company operating as
panies.
a common carrier o f freight or passengers, including street rail
w ay companies operating as common carriers, shall be engaged
in one or more o f the hazardous occupations hereinafter defined,
other than the maintenance and operation o f a railroad, such
railroad company may, by filing a written statement to that
effect with the commission, elect to be subject to this act as to
all such hazardous occupations other than the maintenance and
operation o f such railroad, and not subject thereto as to such
railroad maintenance and operation.
[Section 17 ( 6622) is amended so as to read as fo llo w s :]
R e c a l l o f e le c S e c . 17 (as amended by ch. 311, Acts o f 1921). Any employer
tl0n*
who has so elected not to contribute hereunder may at any time
by filing with said commission written notice, recall such elec
tion, whereupon he shall forthw ith post in conspicuous places
notices properly dated as provided by section 6620, announcing
his election to become subject to the provisions o f the act, and
fifteen days from the date o f filing o f said notice such employer
shall become and continue in all respects subject to this act.
s ta tem en ts to
From and after the first day o f July, 1921, no person, firm
be file d .
op corporation other than the persons, firms and corporations
paying to the industrial accident commission the required pay
roll percentage prescribed by this act shall engage as an em
ployer in any o f the hazardous occupations enumerated in sec
tion 6617 unless and until such person, firm or corporation shall
have filed w ith the industrial accident commission a state
ment in w riting signed by such person, or by the duly author
ized agent o f such firm or corporation, stating the name and
address o f such person, firm or corporation and describing
the hazardous occupation in w hich such person, firm or cor
poration is engaged or proposes to engage, and if the name or
address o f such person, firm or corporation shall be changed,
such person, firm or corporation shall, within thirty (30) days
o f such change, file an amended statement setting forth the
true name and address and describing the hazardous occupa
tion in which he or it is engaged. It shall be a misdemeanor
fo r any such person, firm o r corporation to engage in any such
hazardous occupation unless or until such prescribed statement
or statements shall have been filed, and each day during w hich
such person, firm or corporation shall be engaged in any such
hazardous occupation in violation o f the terms hereof shall
constitute a separate offense, and upon conviction o f such offense
the offending party shall be liable to a fine in a sum not less than
ten dollars ($10) nor more than one hundred dollars ($100).
[Section 19 ( 6224) is amended in respect o f the third and sub
sequent paragraphs follow ing the schedule o f rates. They now
read as fo llo w s :]
M o n t h ly s ta te E very employer who is hereby required to make such pay
m e n ts.
ments to the commission shall on or before the fifteenth day
o f each month forw ard to the commission a signed statement
showing the total pay roll o f such employer fo r the preceding
calendar month, the kind o f w ork perform ed, the number o f

154

TEXT OF LAWS— OREGON,

155

men and number o f days worked. Failure on the part o f any
such employer to send such statement within thirty days after
receipt o f notice by the commission shall be a misdemeanor.
When during the first fiscal year any employer is a contributor E x p e r ie n c e r a t to the industrial accident fund the total amount paid out o f the i n &
industrial accident fund or set apart therefrom as hereinafter
provided on account o f injuries sustained by his workmen shall
be less than 30 per cent o f the amount contributed to said fund
by such employer during such period, not including, however,
moneys retained from his workmen’s wages, the rate o f contribu
tion o f such employer during the follow ing year shall be reduced
by 30 per cent o f the amount hereinbefore prescribed; where the
total amount paid out or set aside is more than 30 per cent and
not more than 40 per cent o f the amount contributed by such
employer, the rate o f contribution shall be reduced by 25 per c e n t;
where the total amount paid out or set aside is more than 40
per cent and not more than 50 per cent o f the amount con
tributed, the rate o f contribution shall be reduced by 20 per cen t;
where the total amount paid out or set aside is more than 50
per cent and not more than 60 per cent o f the amount contrib
uted, the rate shall be reduced by 15 per cen t; where the total
amount paid out or set aside is more than 60 per cent and not
more than 70 per cent o f the amount contributed, the rate shall
be reduced by 10 per cent; where the total amount paid out or
set aside is more than 80 per cent and not more than 90 per cent
o f the amount contributed, the rate shall be increased by 5 per
c e n t; where the total amount paid out or set aside is more than
90 per cent and not more than 100 per cent o f the amount con
tributed, the rate shall be increased by 10 per cen t; where the
total amount paid out or set aside is more than 100 per cent o f
the amount contributed, the rate shall be increased by 15 per
cent. W here an employer continues as a contributor to the
industrial accident fund, the rate o f contribution for each suc
ceeding fiscal year shall be determined in like manner by com
bining the amounts paid out and set aside on account o f injuries
sustained by the workmen o f such employer during the entire
period such employer has been subject to the act, but not more
than the preceding five years, and combining also the amounts
contributed by such employer to the accident fund during each
p e r io d : A n d p r o v i d e d f u r t h e r , That no employer shall be entitled
to any such reduction if the commission shall find that during
the preceding fiscal year he has w illfully failed to install or
maintain any safety appliance, device, or safeguard required by
statute.
F or the purpose o f determining the rate as in this section
provided, the amount paid out or set aside on account o f an
accident resulting in the fatal injury or the permanent dis
ability o f a workman shall be deemed to be the average amount
paid out and set aside on account o f all such injuries during
the preceding fiscal year.
It shall be the duty o f the commission to establish standards ven^ )c*dent pre‘
or rules designed to promote organization and educational work
in accident prevention, and every employer subject to the act
shall be entitled to a reduction, or a further reduction, in rate o f
5 per cent upon compliance with such standards or rules during
any fiscal yea r: P r o v i d e d , h o w e v e r , Such employer shall file
w ith the commission a written notice o f his intention to comply
with such rules, and such reduction in rate shall not become
effective prior to the filing o f such notice.
I f an employee who has previously incurred permanent partial
in*
disability incurs a subsequent permanent partial disability such
that the compensation payable for the disability resulting from
the combined injuries is greater than the compensation which,
except for the preexisting disability would have been payable fo r
the latter injury, the employee shall receive compensation on
the basis o f the combined injuries, but the charge against the
rating o f his employer shall be fo r the latter injury only.

156

w o r k m e n ’s c o m p e n s a t io n l a w s o p t h e u n it e d s t a t e s ,

Employers’

On July 1, 1920, and annually thereafter, the commission shall
determine the total liability existing against the industrial acci
dent fund, and if it finds the industrial accident fund amounts
to a sum sufficient to cover all liability, together w ith a surplus
o f three hundred thousand dollars ($300,000), aside from the re
serves in the segregated accident fund, and in moneys in the
emergency and catastrophe funds, the commission shall place
to the credit o f each employer contributing to the fund during
the preceding twelve months, on account o f contributions re
quired by this act to be paid during that time, such proportion o f
the surplus paid into the accident fund during that period as his
contribution is to the total contributions of all employers paid
into the accident fund for the preceding twelve months.
Catastrophe
There is also hereby created a fund to be known as the “ catasund'
trophe fund.” The State treasurer shall transfer fifty thousand
dollars ($50,000) from the industrial accident fund to the catas
trophe fund, and there shall also be transferred to such fund
monthly one (1 ) per cent o f the total monthly contributions re
ceived from employers and workmen until such time as in the
judgment o f the commission such fund shall be sufficiently large
to cover the catastrophe hazard. Such fund shall be invested by
the State treasurer in the same manner as the investment o f
moneys in the segregated accident fund, and the interest earnings
o f investments from the catastrophe fund shall be credited to the
industrial accident fund. Expenditures from the catastrophe
fund shall be made in the event o f occurrence o f a single accident
causing the death or permanent total disability o f more than one
workman. F or the purpose o f determining the rate o f contrib
utors to the fund as in this section provided, the total amount
paid out and set aside in the event o f a catastrophe shall be
deemed to be the average amount paid out and set aside in each
case o f fatal in ju ry and permanent total disability during the
preceding year. The commission shall also have authority to
authorize the payment o f other compensation benefits from such
fund in the event o f the depletion o f the industrial accident fund.
In the latter event, the catastrophe fund shall again be fu lly
restored by setting aside a portion o f contributions to the indus
trial accident fund in the manner provided in this paragraph.
R evision o f
i n that the intent is that the contributions from employers
rates*
shall fairly represent the degree o f hazard o f each occupation
or industry, the commission shall have authority on July 1, 1920,
and annually thereafter, to readjust, increase, or decrease the
rates o f contribution contained in section 6624. Any such read
justment, increase, or decrease shall be based on the hazard o f
each occupation or industry as compared to the hazards o f other
occupations or industries subject to this act, and due regard shall
be had for the experience o f each occupation or industry as re
lated to the experience o f all occupations and industries defined
in section 6624 hereof.
The words “ fiscal y e a r ” employed in this section ( to) mean
the period o f time commencing on July first and ending on the
succeeding June thirtieth.
[Section 20 ( 6625) is amended by making the appropriation out
o f the State treasury “ a sum equal to one-half o f the total ad
ministrative expenditures o f the commission, exclusive o f expendi
tures for physiotherapy and vocational rehabilitation,” striking
out the words “ one-seventh * * * hereof,” inclusive.
Section 21 (6626) is amended by changing the first paragraph
o f schedule item (d ) so as to read as fo llo w s :]
to’
(d ) When the total disability is only temporary, the workman
ta msa i lty.
gpap receive during the period o f such total disab ility :
1. I f unmarried at the time o f the injury, or, if married, hav
ing a husband not an invalid, compensation equal to 40 per
centum o f wages, but not more than $55 per month.
2. I f the workman have a w ife or invalid husband, but no
child under the age o f sixteen years, compensation equal to 48
per centum o f wages, but not more than $65 per month.

credits.

TEXT OF LAWS— OREGON*.

157

3. I f the workman have a w ife or invalid husband and a child
under the age o f sixteen years, 53 per centum o f wages, but not
m ore than $73 per month.
4. I f the workman have a w ife or invalid husband and tw o
children under the age o f sixteen years, 58 per centum o f wages,
but not more than $81 per month.
5. I f the workman have a w ife or invalid husband and three
children under the age o f sixteen years, 63 per centum o f wages,
but not more than $89 per month.
6. I f the workman have a w ife or invalid husband and fou r or
more children under the age o f sixteen years, two-thirds o f wages,
but not more than $97 per month.
7. I f the workman be a w idow or widower and have one or
more children under the age o f sixteen years, 40 per centum o f
wages, but not more than $55 per month, and on behalf o f said
children 5 per centum o f wages, but not more than $8 per month
additional for each child under sixteen years o f age.
8. In no event shall the rsfte o f compensation fo r temporary
total disability be less than $30 per month for an unmaried work
man, and $40 per month for a workman having a w ife or invalid
husband, unless the actual wages be less than these amounts, in
which event compensation equal to wages shall be paid.
9. For the purposes o f this act the monthly wage o f workmen
shall be ascertained by multiplying by twenty-six the daily wage
the workman was receiving at the time o f his injury, or, in case
the workman w as regularly employed seven days a week, by
multiplying by thirty the daily wage the workman was receiving
at the time o f his injury.
[The follow ing is added to schedule item (k ) :]
In all cases where the period o f payments fo r permanent par- LumP sumstial disability does not exceed twenty-four months, the commis
sion may, in its discretion, pay to the injured workman in a lump
sum an amount equal to the present worth o f the monthly install
ments payable to such injured workman.
[Section 22 (6627) is amended by adding thereto the follow
in g :]
In the event that an employer subject to this act shall have in *JjPors under
good faith employed a minor under the age permitted by law, wo ing age*
believing him to be o f law ful age, and such minor shall sustain
an in ju ry or suffer death in such employment, such minor shall
be conclusively presumed to have accepted the provisions o f this
act, and the State industrial accident commission shall have
authority to determine conclusively the good faith o f such em
ployer unless the employer shall have in his possession at the
time o f the accident resulting in such injury or death a certificate
from some duly constituted authority o f the State o f Oregon,
authorizing the employment o f such minor in the work in which
he shall be then engaged, and such certificate shall be conclusive
evidence o f the good faith o f such employer. I f such employer
shall hold no such certificate and said commission shall find that
such employer did not employ such minor in good faith, such
minor shall be entitled to the benefits o f this act, but the em
ployer shall pay to the industrial accident fund by w ay o f penalty
a sum equal to 25 per cent o f the amount paid out or set apart
under this act on account o f the injury or death o f such minor,
but such sum payable as penalty shall not exceed $500.
[Section 23 (6628) is amended by inserting after the w ord
“ accommodations ” in the second sentence the words “ and may,
for the purpose o f experience rating only, charge to the account
o f such employers the average cost o f such services as shown by
the experience o f employers in a similar industry or occupation
who do not come under the provisions o f this section.”
Section 24 (6629) is amended by inserting after the second
paragraph the follow in g :]
Every employer in default in the payment o f any contribu- N o t i c e o f detions required by this act, and who shall have received from fault.
32860°— 23—— 11

158

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 t h e u n it e d s t a t e s .

the commission a formal notice o f default for payment, is hereby
required to display such notice of default by posting same in a
place accessible to his workmen in such manner as to inform
his workmen o f such default. Failure on the part o f such em
ployer to post notice of default, as herein provided, shall be a mis
demeanor.
[Section 29 (6634) is amended by striking out the last para
graph.
Section 32 (6637) is amended by changing the last sentence of
the second paragraph to read, “ Appeals may be taken from the
judgment o f the circuit court as in other cases ” ; also by adding
thereto the follow ing:]
Attorney f o r
The commission is authorized to employ an attorney to reprecommission.
sent it in making collections of delinquent contributions to the
industrial accident fund and the interest and penalties accruing,
and to conduct on behalf o f said commission any and all suits,
actions, and proceedings whatsoever for such purpose, and said
attorney or the commission may call upon the district attorney
of any county in which such proceedings are instituted or pend
ing for any service or assistance in connection therewith.
The commission shall fix the compensation of such attorney,
which shall be paid from the industrial accident fund, as the
salaries of other employes of said commission are paid.
The attorney general shall not be required to advise upon or
perform any service in, or in any way connected with, the collec
tion o f such moneys.
C h a pter 5.— W o rk m en 's com pensation— Increase in ra tes .

[This was a transitory measure, effective from December 1,
1919, to June 30, 1921, increasing by 30 per cent all compensation
awards running between the two dates.]
ACTS OF 1920 (SPECIAL SESSION).
C h a pter 6.— W o rk m en 's com pensation— R ehabilitation fund .
S ection 1. There is hereby created a fund to be known as the
“ rehabilitation fund.” The State treasurer shall transfer one
hundred thousand dollars ($100,000) from the industrial accident
fund to the rehabilitation fund and there shall also be transferred
to such fund, monthly, two and one-half per cent o f the total
monthly receipts of the State industrial accident commission from
all sources. All interest earnings of the rehabilitation fund shall
be credited to the industrial accident fund.
Rules*
S ec . 2. The said commission is hereby authorized to provide
under uniform rules and regulations for the vocational rehabili
tation of men and women injured by accident arising out of and
in the course of their employment while working under the pro
tection of the workmen’s compensation law.
Use of fund.
S ec . 3. The said commission is hereby authorized to expend as
much of the said rehabilitation fund as may be necessary to ac
complish the vocational rehabilitation of men and women injured
as aforesaid: P rovid ed , h ow ever , That nothing in this act shall
be construed to amend or repeal the authority of the said com
mission under section 23, chapter 112, General Laws pf Oregon for
1913, as amended, to expend from the industrial accident fund
money for the rent of buildings, the purchase of equipment and
supplies, the payment of such doctors and nurses as may be
necessary for the purpose o f physical rehabilitation o f injured
workmen under said section 23.
Duty of school
S ec . 4. Every school board of every school district maintaining
boards.
vocational instructors or departments of any kind shall upon ap
plication o f the State industrial accident commission, and when
its fac'lities will permit, furnish to any person or persons desig
nated by said commission such vocational instruction as is pro
vided for the pupils of said district, and said commission shall
Fund created.

TEXT OF LAWS----OREGON.

159

cause to be paid to said district the actual cost o f such instruc
tion as nearly as may be estimated by said school board.
Sec. 5. Upon application o f the State industrial accident com S c h o o l s for
mission, the State board o f control shall provide for any person b lin d and deaf.
or persons designated by said commission, such vocational instruc
tion at the Oregon State schools for the blind and the deaf as is
furnished to the other pupils o f said school, and said commis
sion shall cause to be paid therefor to the State board o f con
trol, such tuition charges as may be fixed by said board which
amount may be expended by said board for the support and main
tenance o f said school.
Approved January 17, 1920.
ACTS OF 1921.
C hapter 401.— W

o r k m e n ’s

c o m p e n s a tio n —

S u its

fo r

in ju r ie s .

Return of ex
S e c t io n 1. Upon application by any employer who is subject to penses.
the provisions o f the workmen’s compensation act and who has
been made defendant in any personal injury litigation brought
against him by any workman in his employ and subject to the
provisions o f said act on account o f injury arising out o f and in
the course o f his employment, the State industrial accident com
mission is hereby authorized and directed to pay such expense
as may be incurred by the attorney general in defending such
employer in any such litigation.
Sec. 2. The attorney general shall cooperate with the said com Attorney gen
mission in such defense and represent such employer as attorney. eral.
Sec. 3. The expense o f defending any such litigation, including Expenses.
all court costs and the traveling expenses o f the attorney general
necessitated thereby, shall be paid by the State treasurer upon
warrant drawn by the secretary o f State out o f the State indus
trial accident fund, upon the submission o f a duly executed
voucher therefor approved by said commission.
Approved February 28, 1921.

PENNSYLVANIA.
[The compensation act o f this State and some related acts were
amended by the legislature o f 1921. The changes are indicated
below.
The second paragraph o f section 305 was amended by No. 67,
Acts o f 1921, so as to read as fo llo w s :]
F a ilu r e t o in
I f any employer fails to comply with the provisions o f this sec
su re.
tion, the bureau shall serve, by registered mail or in such other
manner as the rules and regulations o f the bureau shall provide,
upon such employer a notice to comply forthw ith w ith such pro
visions ; and if such employer does not, within thirty days there
after, insure his liability as aforesaid or obtain exemption from
Penalty.
such insurance, such employer shall pay as a penalty the sum o f
one dollar ($1 ) per diem fo r each employee during the continu
ance o f such failure to insure or obtain exemption, w hich sum
shall be collectible by the bureau o f workmen’s compensation in
the same manner as debts o f like amounts are now by law recov
ered. All moneys so recovered by the bureau shall be immedi
ately covered into the State treasury: P r o v i d e d , h o w e v e r , That
a second notice, with bill for fines incurred, sent by registered
mail, shall be served on employers within thirty days after their
fines begin to run.
[Section 306 was amended by No. 342, Acts o f 1921, by inserting
section ( c ), after the clause beginning, “ For the loss o f any two
or more o f such members,” etc., the fo llow in g :]
“ For serious and permanent disfigurement o f the head or face
Disfigurement.
o f such a character as to produce an unsightly appearance, and
such as is not usually incident to the employment, sixty per
centum o f the wages, not to exceed one hundred and fifty weeks.”
W orkmen ’ s Compensation I nsurance .
[No. 341, Acts o f 1915, as amended by No. 306, Acts o f 1919, is
repealed by No. 284, Acts o f 1921.
Sections 636-647, inclusive, o f this act regulate employers’ mu
tual liability insurance associations; and sections 651-655, in
clusive, regulate workmen’s compensation insurance.
W orkmen ’ s Compensation B oard.
No. 441, Acts o f 1919, creating a workmen’s compensation board,
is amended in section 14, by No. 407, Acts o f 1921, which makes
the salaries o f members $8,000 per annum and o f the chairman
$9,000. The assistant secretary now receives $3,600 and the direc
tor o f the workmen’s compensation bureau $5,000.]
160

PORTO RICO,
[The compensation act of this Territory is amended by No. 1,
Acts of 1920, and No. 61, Acts of 1921, as indicated below.
Sections 2 and 3 are amended so as to read as follow s:]
S ec. 2 (as amended by No. 61, Acts o f 1 9 2 1 ). The provisions Scope,
of this act shall apply to laborers injured or disabled or who
lose their lives from accidents or sickness occurring because of
any act or function inherent in their work or employment and
while engaged therein and as a consequence thereof. Farm
laborers not employed to work with machinery operated by
steam, gas, electricity, animal or other mechanical power or
instruments or tools the use of which can not cause serious
corporal injury, domestic servants and employees engaged in
clerical work, in offices and commercial establishments where
machinery is not used, are excepted: P rovid ed , h ow ever , That
farm laborers employed in agricultural work> where animal
power or instruments or tools the use of which may cause serious
corporal injury are used, shall be entitled to the benefits of this
act: A n d provided , fu rth er , That the provisions of this act shall
be applicable to members of municipal fire corps, to which end
municipalities shall include salaried firemen in the labor reports
rendered by them as employers.
This act shall apply to every employer who employs any laborer
or employee whose wages do not exceed the sum of fifteen hundred
(1,500) dollars annually, computed monthly: P rovid ed , That pur
suant to the provisions of this act, compensation shall be paid
to injured laborers who become disabled or who lose their lives
through accidents or sickness originating from any act or function
inherent in their work or employment and occurring during the
course of their employment as a consequence thereof on any
work performed by administration under direction o f the insular
government.
The workmen’s relief commission is hereby authorized and Payment of
directed to pay said compensation pursuant to the terms of this benefits,
act, by drawing from the trust fund belonging to the Govern
ment such sum or sums as may be necessary for the payment
of said compensation.
The sums so paid need not be reimbursed to the people o f
Porto Rico out of the fund created by this a ct
The commissioner of the interior is hereby authorized to make
advances on account of their compensation, to workingmen in
jured on public works, which advances shall be reimbursed to
said official, if justified, out of the said fund, upon settlement
of the compensation to workmen injured on public works.
S ec. 3 (as amended by No. 61, Acts of 1 9 2 1 ). Any laborer
Compensation,
who may be injured or who is taken sick within the provisions
o f this act, shall be entitled t o :
A. In case of accident—
1. Medical attendance and such medicines and sustenance as Medical, etc.,
may be prescribed, including hospital services when necessary. aid*
2. I f the injury be of a temporary nature, to compensation Temporary disequal to one-half of the wages received by him the day o f the ability.
accident, which compensation shall run during such time as it
may take to effect a cure. The period of such payments shall
in no case exceed one hundred and four weeks or the time which
the commission may require to decide the case: P rovid ed , That
in no case shall there be paid more than twelve (12) nor less
than three (3) dollars per week.

161

162

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 t h e u n it e d s t a t e s .

3. i f the laborer Is partially disabled for permanent w ork he
shall receive additional compensation o f not to exceed twenty-five
hundred (2,500) dollars. Compensation shall be graded in pro
portion to the rate o f wages that the laborer earned and the
importance o f the injury sustained.
Any permanent injury which does not constitute permanent
total disability, such as the loss o f an eye, a hand, a foot, or any
other injury o f a permanent nature which does not w holly disable
a laborer for any work in a remunerative occupation, shall be
considered as partial permanent disability.
4.
I f the laborer is totally disabled for work, he shall receive a
compensation o f two thousand ( 2,000) dollars as a minimum
and fou r thousand (4,000) dollars as a maximum. The com
pensation shall be graded in proportion to the rate o f wages that
the laborer earned.
The preceding compensations shall be fixed between the m axi
mum and minimum in view o f the earning capacity o f the injured
laborer and his probabilities o f life.
The total and permanent loss o f sight o f both eyes; the loss
o f both feet at or above the ankle; the loss o f both hands at or
above the w r is t; the loss o f one hand and one foot, and such
injuries as may result in the permanent disability o f the laborer
for any work in a remunerative occupation shall be considered
total disability.
Death
5. I f the laborer loses his or her life as a result o f the injuries
sustained, death occurring within one year from the time o f the
accident, as a consequence o f such ,accident, the parents, w idow er
or widow, and legitimate children and grandchildren, and, in
the proper case, the illegitimate children, whether natural or not,
o f the deceased laborer, all o f whom were reasonably dependent
on his or her earnings for their support, shall receive a compen
sation o f from two thousand (2,000) to four thousand (4,000)
dollars as a maximum, which shall be graded according to the
earning capacity o f the deceased laborer, to the number o f per
sons entitled to receive compensation, and to their conditions and
necessities, which compensation shall be distributed in equal
parts among the persons entitled thereto. In default of the
aforesaid persons, the foster father or mother, or the nearest
relative reasonably dependent on the earnings o f the decedent,
shall receive a compensation o f from tw o thousand ( 2,000) to
four thousand (4,000) dollars as a maximum, and should there
be several near relatives entitled to compensation, such compen
sation shall be distributed among them in equal parts.
In cases coming under paragraphs 3, 4, and 5, where a sum o f
money is to be paid to the laborer or to his heirs as compensa
tion, pursuant to this act, the workmen’s relief commission here
inafter created shall exercise its good offices by reasonable sug
gestions so that the sum received shall be invested in a manner
advantageous to the w elfare o f the laborer and his relatives, in
such form as to produce the best possible means o f subsistence;
and the commission may, in such cases as it may deem advisable,
grant a pension on account o f the compensation allowed, and for a
time certa in : P r o v i d e d , That no allowance for medicine and food
shall be made after the date o f the granting o f such compensation
and sums advanced therefor to the laborer shall be deducted
from the said com pensation: P r o v i d e d , f u r t h e r , That if the la
borer or his heirs, pursuant to this act, are minors or incapaci
tated persons, or if, in the judgment o f the said commission, there
is a reasonable risk that such cash compensation may be squan
dered, the said commission shall deliver the amount o f such
compensation to the district court o f the district where the bene
ficiary resides, for custody and investment in accordance with
the provisions o f the law regulating the application o f amounts
derived from the sale o f the property o f minors.
Occupational
B. In case o f sickness originating from the employment, the
disease.
laborer shall be entitled—
Permanent dis-

a 11 y*

TEXT OF LAWS— PORTO RICO,

163

1. To medical attendance, and such medicines and subsistence
as may be prescribed, including hospital service when necessary.
2. If the disease is of temporary character, to compensation
equal to one-half the wages received by him when taken sick,
for such time as may be necessary to effect a cure (but such
payments shall not extend over a period greater than one hun
dred and four weeks. In no case shall there be paid more than
twelve (12) dollars or less than three (3) dollars a week.
3. If by reason of the disease contracted the laborer should be
totally disabled for work, he shall be entitled to compensation of
not less than one thousand (1,000) or more than three thousand
(3,000) dollars.
All the provisions of paragraphs 3, 4, and 5 o f subhead A of this
section shall be applicable to subhead B.
[Section 4 is amended by No. 61, Acts of 1921, by inserting the
word “ the ” after the word “ when ” in subdivision 4.
Sections 6, 7, 8, and 9 are amended so as to read as follow s:]
Sec. 6 (as amended by No. 61, Acts of 1921). A commission to Commission
be known as the workmen’s relief commission is hereby created created*
which shall consist of five members and shall be constituted as
follows: The Governor of Porto Rico, with the approval of the
senate, shall appoint a president, who shall be the chief admin
istrative officer of the commission. Three members shall be
elected at the general election in November, one to be designated
by each of the three political parties obtaining the greatest num
ber of votes in the preceding election: P rovid ed , That the fore
going provision shall in no way affect the members of the com
mission elected at the election of November 2, 1920. The fifth
member shall be permanent and shall receive a salary of two
thousand six hundred (2,600) dollars a year, his appointment to
be made by the governor with the advice and consent of the
senate. The commission shall elect one of its members as vice
president, who shall preside at the meetings in cases of justified
absence of the president.
The president, in his capacity as administrative chief, shall re
ceive a salary of three thousand five hundred (3,500) dollars, to
be included from and after 1921-22 in the appropriation act.
The president and the permanent member shall have power to
decide all cases of temporary disability, and shall report to the
commission, at its first meeting, such decision as may have been
rendered by each one of them. Said decisions may be reconsid
ered by the commission on its own iniative or on application of
the injured laborer or employer interested in such decided cases,
provided such application for reconsideration is made within the
ten days following the service of notice of such decision on the
interested party.
Cases of death, o f total disability, or of permanent partial dis
ability, shall be decided by the commission.
The administrative chief, in case of illness or justified absence,
shall designate his substitute in said administrative functions
from among the other members of the commission.
Members of the commission who are not employees of the In
sular Government shall receive a per diem of ten (10) dollars
each for each regular and special meeting of the commission
which they may attend, said per diems to be paid out o f the
workmen’s compensation trust fund.
Prior to July 1 o f each year said commission shall elect a
secretary from among its members. The commission shall have
power to adopt such rules and regulations as may be neces
sary to carry out the provisions of this act: P rovid ed , Such
rules and regulations are not in conflict herewith, and said RUies.
rules and regulations shall have the force of law: P ro vid ed ,
That the commission shall further have power to establish a
medical and hospital service, including the construction of an
adequate building, for the due and efficient care o f the injured
protected by this Act.

164

w o r k m e n ’ s c o m p e n s a t io n

l a w s of t h e

u n it e d s t a t e s .

Any violation o f any rule or regulation issued by the com
mission hereby created, shall be a misdemeanor punishable by
fine not exceeding fifty (50) dollars for each violation.
I f after a general election a vacancy shall occur o f any
eligible member o f the commission, the governor, on recommenda
tion o f the directing body o f the political party to which said
vacancy belongs, and with the approval o f the senate, shall fill
such vacancy until the next general election.
Report of in
Sec. 7 (as amended by No. 1, Acts o f 1920). Every employer
juries.
subject to the provisions o f this act, or the person representing
him in business, shall report to the workmen’s relief commission
as soon as possible, within a period o f five days from the date
o f the accident, all injuries suffered by his employees in the
course o f their employment. Such reports shall be upon printed
blanks furnished upon request by the commission, and shall con
tain the name and nature o f the business o f the employer, the
location o f the establishment or place o f business, the name, age,
sex and occupation o f each injured employee, and shall state the
date and hour o f the accident, the nature and cause o f the in
juries sustained and such other inform ation as may be requested
by the workmen’s relief commission.
The report made by the employer under the provisions o f this
section shall not be evidence against the employer in any pro
ceeding under this or any other act.
The refusal or neglect o f any employer to make the report re
quired by this section shall be punished by a fine o f not less than
twenty-five (25) nor more than fifty (50) dollars for each offense.
The workmen’s relief commission shall have power to direct
Investigation. the investigation o f accidents, whether through the inspectors
o f the bureau o f labor, in the districts o f their residence, through
the chief o f said bureau, or through such investigators as shall
have been or shall hereafter be appointed by him for such purposes.
The said inspectors or investigators shall make a thorough investi
gation o f accidents to workmen subject to the provisions o f this
act, the cause or causes thereof, the character, nature, and extent
o f the injuries sustained, and shall file a full report o f the said
facts with the commission, including in the said report suteh other
facts and circumstances as in the opinion o f the commission may
enable it to pass judgment on the claim fo r the relief o f the
injured workman when the said claims shall be presented to the
commission as herein provided.
The workmen’s relief commission shall have the power to make
such further investigations as it may deem necessary for the
purposes of this act.
The workmen’s relief commission, or some trustworthy person
designated by said commission, is hereby expressly authorized to
subpoena witnesses, under notice o f punishment for contempt, to
take oaths and declarations, to examine books and documentary
evidence material to the case under investigation, and to visit
and inspect the buildings, machinery and other property where
any accident to a workman may have occurred.
In the case o f uninsured employers, in violation o f the law,
whose workmen may suffer accidents which may come to the knowl
edge o f the commission through any source, the treasurer o f Porto
R ico may, at the request o f the commission, levy immediately
an attachment, as in the case o f collection o f property taxes, on
the property o f such employers, in such amounts as the commis
sion may determine, to secure the payment o f such compensation
as may be finally agreed upon by the commission, and expenses,
in accordance with the law.
Sec. 8 (as amended by No. 61, Acts o f 1921). From and after
Claims.
the taking effect o f this act, any workman subject to this act who
has sustained injuries or suffered sickness while engaged in his
work, and in case o f the death o f such workman as the result o f
said injuries or sickness, his legal heirs, as described in para
graph 5, section 3, o f this act, reasonably dependent upon his

TEXT OF LAWS— PORTO RICO,
wages for support, may present to the workmen’s relief commis
sion, within ninety days counted from the date o f the injuries
or from the date o f the death o f the workman, as the case may
be, an application in writing for the compensation provided by
this a ct: P r o v i d e d , That when the ninety days allowed for filing
the application shall have elapsed, such application not having
been made, it shall be the duty o f the workmen’s relief commission
to investigate the reason why the person concerned did not make
such application, and when the commission deems that said appli
cation was not made because of ignorance of the party concerned
or because of some other reason not under the control o f such
p«trty concerned, said party shall be granted thirty days m ore:
A n d p r o v i d e d f u r t h e r , That no application shall be denied on ac
count of prescription unless it is clearly shown that said party
concerned was notified o f his right.
Such application shall state the date, place, nature, and cause o f
the injury, sickness, or death, the name and address o f the em
ployer, and the name and address o f the injured workman.
In case that the petition be filed by persons who believe them
selves to be the heirs o f a deceased workman, the commission
shall immediately refer the same to the attorney general for all
such proceedings, in a proper district court, by the fiscal thereof,
or by any law clerk authorized to act as fiscal, as may be neces
sary, until a declaration o f heirs of the deceased workman shall
have been obtained and transmitted to the com m ission: P r o v i d e d ,
That this class o f proceedings shall be prosecuted in all urgency
by the courts without the necessity o f including the same in a
special calen dar: A n d p r o v i d e d f u r t h e r , That no fees or costs
shall be taxed by the court or any o f its officers for the prosecu
tion and approval o f such proceedings, nor for certificates issued
for the use of the commission. Persons in charge o f civil regis
tries shall issue gratis all such certificates as may be necessary for
the aforesaid purpose.
A fter the workmen’s relief commission shall have received the
reports o f the investigators on accidents, pursuant to the pro
visions o f paragraph 4, section 7, it shall consider the petition
for compensation applied fo r ; and in case the commission is
o f the opinion that the petitioner is entitled to compensation the
decision o f the commission shall specify the amount to be paid,
and the date and manner in which payment shall be made.
In cases o f accidents o f temporary disability, these requirements
shalLbe fulfilled by the president and administrative chief of the
commission, or by the permanent member.
A certified copy o f the decision o f the workmen’s relief commis
sion or of the decision o f the administrative chief, or o f the de
cision o f the permanent member, as the case may be, denying or
granting compensation under the provisions o f this act, shall be
served upon the applicant and upon the employer for whom the
injured workman was working at the time o f the accident, within
ten days after the rendering o f such decision.
A certified copy o f the decision o f the commission, of the ad
ministrative chief, or of the permanent member, as the case may
be, signed by the president and secretary thereof, and sealed with
such seal as the commission may adopt, shall be sufficient au
thority for the auditor o f Porto Rico, in accordance with this act,
to issue a warrant, which shall be paid by the treasurer o f Porto
Rico out o f the workmen’s relief trust fund.
No claim for the compensation provided for in this act shall be
considered by the workmen’s relief commission unless the com
mission has received a written application from the person or
persons entitled thereto, within the terms hereinbefore fix ed :
P r o v i d e d , That as soon as such claim is filed the commission shall
refer the same to the employer against whom such claim is made,
and, follow ing as nearly as possible the practice observed by the
courts o f justice, it shall give both parties an opportunity to be
heard and to defend themselves.

165

A w a r d s.

166

w o r k m e n ’ s c o m p e n s a t io n l a w s o p t h e u n it e d s t a t e s .

Sec. 9# ( as amended by No. 61, Acts o f 1921). Appeals from the
decisions o f the workmen’s relief commission to the district court
o f the district where the accident occurred shall be allowed to the
claimant in all cases where he deems himself aggrieved by the
decision o f the commission.
Appeals from the decision o f the workmen’s relief commission
shall likewise be allowed to any employer who shall have filed
with the commission his employment report or declaration, thus
appearing as an insured employer on the date o f the accident,
only when the decision of the workmen’s relief commission is to
the effect that the accident is one for which compensation should
be allowed pursuant to the provisions o f this act.
Such appeal shall be taken by filing with the secretary o f the
district court for the judicial district where the accident occurred,
and within the thirty days follow ing receipt o f notice o f the de
cision o f the commission, a written statement o f the facts o f the
accident giving rise to the claim before the commission and,
besides, a statement o f the fact on which the appeal is based.
Such statement shall be made in the form o f an ordinary com
plaint in accordance with the provisions o f the Code o f Civil
Procedure o f Porto Rico. The commission shall be summoned by
serving a copy of the complaint bn the persons o f its members
and in the manner determined by the Code of Civil P rocedure:
P r o v i d e d , That the laborer appealing from the decision o f the
workmen’s relief commission shall not be obliged to pay costs
nor shall he incur any expenses in the prosecution o f such matters
in the district courts o f Porto Rico. The laborer shall, more
over, be entitled to appeal from the decision o f the district court
to the Supreme Court o f Porto Rico in accordance with the pro
visions o f the Code o f Civil Procedure o f Porto Rico relative to
appeals in civil cases taken from the district courts to the supreme
cou rt: P r o v i d e d , That it shall be the duty o f the stenographers
o f the district courts to transcribe the record of such cases free
o f charge to the appellant, and the secretaries o f the district
courts shall prepare and certify the transcript o f the record to be
forw arded to the Supreme Court o f Porto Rico, for the purposes
o f such appeal, free o f charge.
The workmen’s relief commission, through the attorney general
o f Porto Rieo, shall appear within the term stated in the sum
mons and shall plead in the manner provided by the Code o f
Civil Procedure o f Porto Rico.
The district courts, as well as the supreme court, shall® give
preference to the hearing and decision o f the aforesaid matters
over all such other matters as may be pending in said courts.
[Section 10 is not form ally amended but is affected by the terms
of section 10, o f No. 61, Acts o f 1921, which reads as fo llo w s :]
Classifications.
g EC> -j^q
jvj 0
61, Acts 0f 1921). W ithin the thirty days fol
lowing the approval o f this act, the workmen’s relief commission
shall classify and group the occupations o f laborers to which
this act is applicable, according to probable risks and the danger
o f injury or sickness originating from the work within existing
conditions and shall fix rates to be paid by the employers o f
laborers in said groups: P r o v i d e d , That the commission may,
for the purposes o f this act, increase rates o f insurance and pre
miums provided in section 10 o f the workmen’s accident com
pensation act in a sum not greater than one-half (£) per cent over
and above the rates fixed for each one o f the five groups to
which said section 10 refers.
[Sections 13, 15, and 26 are amended so as to read as fo llo w s :]
S e c . 13 (as amended by No. 61, Acts o f 1921). It shall be the
statements by duty o f every employer o f workmen entitled to the benefits o f
employers.
this act t 0
w i t j1 the workmen’s relief commission on or before
the fifteenth day o f July in each year a duplicate statement under
oath showing the number o f workmen employed by said employer,
the class o f occupation o f said workmen, and the total amount o f
wages paid to said workmen during the preceding fiscal year.
On the total amount o f wages declared in said statement the
Appeals.

TEXT OP LAW S— PORTO RICO,

premium prescribed in sections 11 and 12 o f this act shall be
com puted: P r o v i d e d , That every employer employing workmen
covered by this act fo r any term or part o f a semester, shall file
the aforesaid statement in duplicate and under oath, showing the
number o f workmen employed, the class o f occupation, and the
estimated wages to be paid such workmen, and on such sum the
premium payable by said employer shall be computed, and upon
the termination o f the w ork o f said workmen the employer shall
file a sworn statement similar to the one above stated, showing
the total amount o f wages paid, on which sum the corresponding
liquidation shall be made, and should this pay roll prove greater
than the previous one, the treasurer shall assess, levy, and collect
additional premiums on the difference. Collection o f these pre
miums shall have preference over any other obligation o f the
employer and such premiums shall constitute a lien on the prop
erty o f the employer ju st as soon as the same shall be left unpaid
upon service o f notice to pay. The insurance o f every employer
shall become effective on the date on which his pay roll or state
ment is filed in duplicate in the office o f the com m ission: Pro
vided, That this shall in no way affect the right o f the injured
laborer to the corresponding compensation.
The failure to file such statement on or before the date above
specified shall constitute a misdemeanor, punishable by a fine o f
not less than fifty (50) nor more than five hundred (500) dol
lars, in the discretion o f the court. Blanks fo r such statements shall
be furnished upon request by the workmen’s relief commission.
It shall be the duty o f every employer o f laborers entitled to
the benefits o f this act to keep a complete register, in accordance
w ith such regulations as may be prescribed by the workmen’s
relief commission, showing the name o f every such laborer, the
age and sex o f such laborer, the nature o f the w ork perform ed by,
and the wages paid to every one o f the said laborers.
The workmen’s relief commission may order an inspection to
be made o f all the pay rolls and other books or records o f such
employers relating to the payment o f wages, by any representa
tive duly authorized by it ; and it shall be the duty o f such
employer to permit such an inspection.

167

Any employer who knowingly falsifies the information re- False statequired by this section shall be subject to the same penalty herein mente*
provided for a failure to file the statement required by this sec
tion and shall also be liable to the workmen’s relief commission
for three times the difference between the premium paid and the
amount that should have been paid, which sum shall be collected
in the same manner as provided for the collection of the regular
premiums under this act.
Sec 15 (as amended by No. 61, Acts o f 1921). Prior to July Expenses of ado f each year the workmen’s relief commission shall prepare Its “ lustration,
general estimate o f expenses o f administration for the succeeding
fiscal year, which estimate the commission shall submit to the
Governor o f Porto Rico for approval; and when in the judgment
o f the commission the services o f additional employees become
absolutely necessary to perform the work o f the commission in
connection with this act, the workmen’s relief commission, w ith
the approval o f the governor, may decide upon employing such
additional employees and may determine their compensation.
Such expenses as the commission may incur in the perform ance
o f its work shall be chargeable to the workmen’s relief trust fund.
Sec. 26 (as amended by No. 61, Acts o f 1921). In reporting Pieceworkers
their annual pay rolls all employers shall include all workmen ££plo^ ractor8’
who are working either on piecework or under a person w ith
p 9
whom the employer contracted or under any independent con
tractor or subcontractor employed or contracted by such employer,
and all premiums shall be based upon the current pay roll o f
the employer, so com puted: P r o v i d e d , That this section shall not
apply to employers fo r whom w ork is done by an independent
contractor insured as an employer in accordance w ith the pro
visions o f this a c t
1

RHODE ISLAND.
[In article 1, sections 5 and 6 are amended so as to read as
fo llo w s :]
Sec. 5 (as amended by ch. 2095, Acts o f 1921). Such election on
Election made, the part o f the employer shall be made by filing with the commisow*
sioner o f labor a written statement to the effect that he accepts
the provisions o f this act, the filing o f which statement shall
operate to subject such employer to the provisions o f this act and
all acts amendatory thereof for the term o f one year from the
elate o f the filing o f such statement, and thereafter, without
Term.
further act on his part, fo r successive terms o f one year each,
unless said employer shall, at least sixty days prior to the expira
tion o f such first or any succeeding year, file with said commis
sioner a notice in writing to the effect that he desires to w ith
draw his election to be subject to the provisions o f this act and
shall give reasonable notice thereof to his workm en: P r o v i d e d ,
h o w e v e r , That any employer now subject to the provisions o f this
act shall not be required to file a further written statement o f
acceptance or hereafter post notices o f his said acceptance.
Blank form s o f election and withdrawal, as herein provided, shall
be furnished by said commissioner.
El e c t i o n
ec
(as amended by ch.
Acts o f
An employee
employees.
0f an employer who shall have elected to become subject to the
provisions o f this act as provided in section
o f this article shall
be held to have waived his right o f action at common law to
recover damages for personal injuries, if he shall not have given
his employer at the time o f his contract o f hire notice in writing
that he claimed such right and within ten days thereafter have
filed a copy thereof with the commissioner o f labor, or, if the con
tract o f hire was made before the employer so elected, if the
employee shall not have given the said notice and filed the same
with said commissioner within ten days after the filing by the
employer o f the written statement as hereinbefore p rovid ed ; and
such waiver shall continue in force for the term o f one year,
and thereafter without further act on his part for successive
terms o f one year each, unless such employee shall, at least sixty
days prior to the expiration o f such first or any succeeding year,
file with the said commissioner a notice in writing to the effect
that he desires to claim his said right o f action at common law
and within ten days thereafter shall give notice thereof to his
employer. A minor working at an age legally permitted under
the laws o f this State shall be deemed sui juris for the purpose
o f this act and no other person shall have any cause o f action or
right to compensation for an injury to such minor employee except
as expressly provided in this a c t ; but if said minor shall have a
parent living or a guardian, such parent or guardian, as the case
may be, may give the notice and file a copy o f the same as herein
provided by this section, and such notice shall bind the minor in
the same manner that adult employees are bound under the pro
visions o f this act. In case no such notice is given, such minor
shall be held to have waived his right o f action at common law
to recover damages for personal injuries. Any employee or the
parent or guardian o f any minor employee, who has given notice
to the employer that he claimed his right o f action at common
law may waive such claim by a notice in writing, which shall
take effect five days after the delivery to the employer or his
agent.
Waiting time.
[In Article II, section 4 is amended by ch. 2095, Acts o f 1921, by
reducing the waiting time to one week.

by S . 6

2095,

1921).

168

TEXT OF LAWS— BHODE ISLAND.

169

Section 5 is amended by the same act by extending the term Medical, etc.,
o f medical treatment to 8 weeks, fixing the maximum cost at aid‘
$200. The words “ but the failure o f the employer to receive
such notice shall not render the employee liable for such service ”
are stricken off from the end o f the last sentence.
Section 10 is amended by the same act by advancing the weekly Benefits,
maximum benefit to $16.
In Article III, section 1 is amended so as to read as fo llo w s :]
S e c t i o n 1 (as amended by ch. 2095, Acts o f 1921). I f the emAgreementsbeployer and the employee reach an agreement in regard to compen- andeemplnyees.er8
sation under this act, a memorandum o f such agreement signed by
the parties shall be filed in the office o f the commissioner o f labor,
who shall forthw ith docket the same in a book/ kept fo r that purpose.
When approved by the said commissioner, the agreement shall
be enforceable by the superior court by any suitable process,
including executions against goods, chattels and real estate, and
including proceedings for contempt for w illful failure or neglect
to obey the provisions o f said agreement. No appeal shall lie
from the agreement thus approved unless upon allegation that
such agreement has been procured by fraud or coercion.
Such
agreement shall be approved by the said commissioner only when
its terms conform to the provisions of this act. I f upon appeal
the said superior court having jurisdiction o f the matter, as
provided in section 16 o f this article, shall make any amend
ment or addition to said agreement as approved by said com
missioner, the clerk o f said superior court shall forthwith notify
the said commissioner o f said changes made in said agreement.
When death has resulted from the injury and the dependents o f
the deceased employee entitled to compensation are, or the ap
portionment thereof among them is, in dispute, such agreement
may relate only to the amount o f compensation and to the persons
to whom such compensation is payable.
[Section 2 is amended by ch. 2095, Acts o f 1921, by inserting
between the words “ act ” and “ either ” in the second line, the
words “ or if the commissioner o f labor shall fail to approve any
agreem ent;” also by adding another paragraph, as fo llo w s :]
The clerk o f said court upon the filing o f said petition shall . Notice of petiforthw ith give notice to the commissioner o f labor o f the pendencytion*
o f the petition who shall thereupon transmit to said clerk any
agreements or documents on file at his office relative to said claim.
[Section 7 is amended by ch. 2086, Acts o f 1921. The latter
half o f the section now reads as fo llo w s :]
Upon the filing o f said reasons o f appeal and transcript, the Appeals,
clerk o f the superior court shall present the transcript to the
justice who heard the cause, and in case of vacancy in office, or
for any cause, the clerk is unable to present said transcript to
the justice who heard the cause, then said transcript shall be
presented to any other justice o f the superior court, and such
justice shall have full power to examine and pass upon and
allow said transcript. The justice to whom said transcript has
been so presented by the clerk, shall, after examination, restore
such transcript to the files o f the clerk with a certificate o f his
action thereon.
Upon an appeal being taken and such transcript o f the testi
mony as may be required being allowed and returned, as afore
said, or in case o f allowance or o f failure to allow and return
the transcript within twenty days from the filing thereof with the
clerk, the clerk o f the superior court shall forthwith certify the
cause and all the papers therein to the supreme court. There
upon, on motion o f either party, or by agreement, the cause may
be assigned for hearing on the question o f the correctness o f the
transcript.
[Section 14 is amended by ch. 2095, Acts o f 1921, by substituting
the commissioner o f labor for the superior court in the proviso.
In Article V, section 9 is amended by ch. 2095, Acts o f 1921, by
inserting the words “ to employees ” after the word “ injuries ”

170

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 t h e u n it e d

states,

in the second line ; also by adding to the first paragraph the
w ord s:]
“A n d
p r o v id e d
f u r t h e r , That this section shall not apply to
policies o f insurance against loss from explosion o f boilers or
fly wheels or other similar single catastrophe hazards.”
[New sections are added to this article as fo llo w s :]
Notice by com
pany.
Sec. 10. (Added by ch. 2095, Acts o f 1921.) Every insurance
company having written a policy insuring against liability for per
sonal injuries to employees shall immediately n otify the com
missioner o f labor o f the issuance o f such a policy upon form s
to be provided by the commissioner o f labor. Upon the cancel
lation pf such policy or failure to renew the same every insur
ance company having written such policy shall immediately notify
the said commissioner o f such Cancellation or failure to renew.
Returns. N
Sec. 11. (Added by ch. 2095, Acts o f 1921.) Any insurance
company insuring employers against liability for personal in
juries to employees shall fill out all blanks and answer all.qu es
tions submitted to it by said commissioner o f labor, relating to
premiums and amounts o f compensation paid which the said
commissioner may deem important either for the proper adminis
tration o f this act or for statistical purposes.
Violations.
ec
(Added by ch.
Acts o f
Any insurance
company which refuses or neglects to give notice, as required in
section 10 o f this article, or which fails to comply w ith the
provisions o f section 11 o f this article, shall be deemed guilty
o f a misdemeanor, and upon conviction thereof may be punished
by a fine o f not more than fifty dollars for each offense.
Accidents to be
[In Article VI, section 1 is amended by ch. 2095, Acts o f 1921,
reported.
by changing “ commissioner o f industrial statistics ” to “ commis
sioner o f labor,” by substituting “ one week ” fo r “ tw o weeks ”
where the words occur, and by striking out the last sentence.
Section 7 is amended by the same act by adding thereto the
follow in g :]
Reports to be
P r o v i d e d , h o w e v e r , That the public utility commission shall
forwarded.
furnish the commissioner o f labor with duplicate reports o f all
accidents reported to it which would otherwise be reported under
this act to the commissioner o f labor.
[In Article VII, section 8 is amended by ch. 2095, Acts o f 1921,
by striking out the w ords “ and to report certain accidents o f em
ployees.”
In Article V III, section 1 is amended by ch. 1900, Acts o f 1920,
substituting $3,000
in subsection (b ).]
Exemption.

S . 12.

2095,

for $1,800

1921.)

SOUTH DAKOTA.
[Section 9442 o f the compensation law is amended by ch. 421,
Acts o f 1921, by inserting after the word “ appliance ” the words
“ furnished by the employer.”
Section 9446 is amended by ch. 416, Acts o f 1921, so that the
second clause thereof now reads as fo llo w s :]
And if compensation is awarded under this article, the emof
* ployer having paid the compensation, or having become liable
therefor, may collect in his own name, or that o f the injured em
ployee, or his personal representative, if deceased, from the other
person against whom ldgal liability for damage exists the amount
o f such liability and shall hold for the benefit o f the injured em
ployee or his personal representative, if deceased, the amount o f
damages collected in excess o f the amount o f compensation paid
such employee or his representative, plus the necessary and rea
sonable expense o f collecting the same.
[Section 9458 is amended in subsection 6 by ch. 420, Acts o f
1921, by adding thereto the follow in g :]
W ith the consent and approval o f the industrial commissioner, D i r e c t
the employer may pay to the surviving widow o f a deceased, the ments.
compensation payable to such widow and the minor children o f the
deceased without the necessity of the appointment o f a guardian
for such minor children, and payment o f such compensation by
the employer shall relieve him o f all obligation as to the distri
bution o f such compensation so paid. Except in those cases
where a lump-sum settlement has been made, such approval by
the industrial com m issioner'm ay be at any time revoked or modi
fied for cause.
[Also a new subsection 8 is added by ch. 418, Acts o f 1921, as
fo llo w s :]
8.
No compensation shall be payable under this act to a widow
N on resid en t
or dependent unless such w idow or dependent was a resident o f aliens,
the United States at the time o f the death o f the deceased.
[Section
is amended by ch. 419, Acts o f 1921, by changing
the weekly maximum payment from $12 to $15, and the minimum mum*
from
to
in subsections 2 and
likewise the maximum
in subsection 8.
Section 9465 is amended by ch. 422, Acts o f 1921, by fixing the
salary o f the deputy commissioner at $2,400.
Section 9471 is amended so as to read as fo llo w s :]
S e c t io n 9471 (as amended by ch. 417, Acts o f 1921). The board Hearings,
o f arbitration shall make such inquiries and investigations as it
shall deem necessary. The hearings o f the board shall be in the
city or town or place where the injury occurred, provided that
when an injury occurs in a remote place, the hearing may be held
at some other place which shall appear to the industrial commis
sioner to be more convenient to the parties and the witnesses.
And a record o f the proceedings of the board shall be kept, the
expense o f such record to be borne by the fund o f the State indus
trial commissioner. And the decisions o f the board, together with
the statement o f evidence submitted before it ; its rulings, its
findings o f fact, its conclusions o f law and other matters pertinent
to questions arising before it, shall be filed in the office o f the
industrial commissioner. Unless a claim for review is filed by
either party within ten days from the date o f the filing o f the
findings o f the board o f arbitration in the office of the industrial
commissioner, the decision shall be enforceable under the pro
visions o f this article.

Subrogation
employer,

pay-

9459
$6.50 $7.50

Weekly maxi-

171

172

WORKMEN S COMPENSATION LAWS OF THE UNITED STATES.
ACTS OF 1919.
C hapter

362.

O p e r a tio n

o f

th r e s h in g

m a c h in e s

[This act, relating to compensation for thresher employees, is
amended by ch. 423, Acts o f 1921.
Section 1 is amended by adding at the end the w ords “ as such
employees.”
Section 2 is amended by inserting after the first sentence the
follow in g :]
P r o v i d e d , h o w e v e r , That any organization or association or
ganized and existing under the provisions o f section 9484 o f
chapter 5 o f the South Dakota Revised Code o f 1919, may issue
a certificate o f membership to be approved by the industrial com
missioner, which certificate o f membership shall have the same
force and effect as the policy o f insurance herein referred to.
[Section 2 is further amended by inserting in the last sentence
after the words “ policy o f insurance ” the words “ or certificate
o f membership.” The same change is made in section 3.]

Mutuals.

ACTS OF 1920— SPECIAL SESSION.
C h a p t e r 6 6 .— W o r k m e n ’ s

Pates
filed.

to be

Excessive rates.

c o m p e n s a tio n
r a te s .

in s u r a n c e — P r e m iu m

S e c t i o n 1. It shall be the duty o f each insurer o f any obliga
tion under the South Dakota workmen’s compensation law to file
w ith the commissioner o f insurance whenever required by him a
schedule o f the premiums charged employers by such insurer
for insuring such obligations and also to furnish him whenever
required verified statements o f the total amount o f premiums
charged and compensation, medical and other expenses paid by
such insurer in complying with the provisions o f the South
Dakota workmen’s compensation law. It shall be the duty o f
such commissioner to make a careful investigation whenever and
as often as he may deem necessary and give employers and
insurers ample opportunity to be heard. I f after such investiga
tion he shall be o f the opinion that such premiums are excessive,
he shall make an order to that effect therein stating what changes
should be made in such premiums and when such changes shall
take effect and serve the same upon such insurers by forw arding
copies o f such order by registered mail to the home office o f such
Insurers, and thereafter it shall be unlawful for such insurers
to charge greater premiums than so specified by such com
missioner. Such order may at any time be modified or revoked
by such commissioner for due cause after giving employers and
insurers an opportunity to be heard. Such order may be reviewed
by the circuit court in Hughes County upon the petition o f any
insurer, employer, or other person interested.
Approved June 30, 1920.

TEXAS.
[Section 2 o f part 1 o f the compensation law o f this State is
amended by ch. 115, Acts o f 1921, by inserting after the words
“ farm laborers,” the words “ ranch laborers,” thus effecting
their specific exclusion.]
32860°— 23----- 12

Exclusion.

173

UTAH.
[The compensation law o f this State is embodied in the legis
lation establishing an industrial commission, and providing for
industrial safeguards, factory inspection, etc. This title was
amended by ch. 67, Acts o f 1921.
Section 3072 o f the Compiled Laws, relative to safeguards and
safety devices, is amended by adding thereto the follow in g :]
Failure to pro
W here injury is caused by the w illful failure o f the employer
vide safeguards.
to comply with any statute o f the State or any law ful order o f
the industrial commission, compensation as provided in this act
shall be increased fifteen per cent, except in case o f injury re
sulting in death.
[Section 3073 is amended by adding the fo llow in g :]
Acts of em
(a ) W here injury is caused by the w illful failure o f the em
ployees.
ployee to use safety devices where provided by the employer, or,
(b ) W here injury results from the employee’s w illfu l failure
to obey any order or reasonable rule adopted by the employer for
the safety o f the employee, or,
(c ) W here injury results from the intoxication o f the em
ployee, compensation provided therein shall be reduced fifteen
per cent.
The above provisions do not apply in death benefits.
[Section 3094 is amended by striking out the w ords “ to the
State insurance fund hereinafter provided for,” and substituting
the w ords “ into the State treasury.”
Section 3104 is amended by changing “ and ” to “ or ” in the
first line o f paragraph 3.
Section 3108 is amended by striking out, near the middle
thereof, the words “ at par and accrued interest.”
Section 3112 is amended by adding a new paragraph, as
fo llo w s : ]
Weekly
earn
(8) The term “ average weekly earnings ” shall mean the aver
ings.
age weekly earnings arrived at by rule provided in section 3142.
Supervision oi[
[Section 3114 is amended by adding to paragraph 3 the fo l
insurance
com
low in g:]
panies.
P r o v i d e d , The industrial commission o f Utah may at any time
change or m odify its findings o f fact herein provided for, if in its
judgment such action is necessary or desirable to secure or assure
a strict compliance with all the provisions o f the law in reference
to the payment o f compensation and the furnishing o f medical,
nurse, and hospital services, medicines, and burial expenses to
injured and the dependents o f killed employees.
[Also, by striking out from paragraph 4 (newly so num bered),
the entire matter follow ing the word “ used ” in the fifth line.
Section 3116 is amended by substituting the w ords “ State in
surance fund ” for the word “ commission ” in the second line.
Section 3121 is amended by striking out the words “ three
months ” in the last clause and substituting therefor the words
“ on or before December 15th.”
Section 3123 is amended by inserting after the w ord “ there
after ” in the fourth line the words “ furnish pay-roll expendi
ture reports and.”
Section 3125 is amended so as to read as fo llo w s :]
Tax on premi
Sec. 3125 (as amended by ch. 67, Acts o f 1921). Employers
ums, etc.
who under the terms o f this act, or by authority o f the commis
sion, are authorized to pay compensation direct, and the State
insurance fund, shall pay a tax o f the same per cent as required
by law to be paid by insurance companies upon their premiums.

174

TEXT OF LAWS----UTAH,

175

based upon an amount equivalent to premiums which would be
paid by such employer if insured in the State insurance fu n d ;
said tax to be computed and collected by the State commission
and paid into the State treasury.
[Section 3127 is amended by striking out all matter follow ing
the word “ occurring,” in the fourth line thereof.
Section 3132 is amended by inserting after the word “ em
ployee ” in the second line the words “ whether resulting in death
or otherwise.”
Section 3133 is amended so as to read as fo llo w s : ]
ec
(as amended by eh.
Acts o f
I f an employee under this act be injured or killed while in the course o f
his employment by another not in the same employment, he or his
dependents in case o f death, shall be entitled to compensation
and to no other remedy unless the employer be subject to the
provisions o f sections
and
No employee or the de
pendents in case o f death shall be granted compensation in such
case unless such employee or his dependents, as the case may be,
shall assign any cause o f action existing against the person re
sponsible for or causing the injury or death to the State insur
ance fund, if compensation be payable therefrom, and otherwise
to the person or association or corporation liable for the payment
of such compensation. And such cause o f action is by this section
made assignable, whether it be for injury or death, and the
dependents or the personal representative and not the heirs in
such case shall have the right and power to make a full and
exclusive assignment notwithstanding sections 6504 and 6505,
Compiled Laws o f Utah, 1917.
[Section 3134 is repealed.
Section 3137 is amended by inserting after the words “ a mini
mum o f $7 per week,” the words “ P r o v i d e d , That where the wage
earned at the time o f injury is less than $7 per week, then in such
cases the amount o f wages earned should be the amount of com
pensation to be paid.”
Section 3140 is amended by changing paragraph 1 so as to read
as fo llo w s :]
1. The employer or insurance carrier shall pay the burial ex- Death,
penses o f the deceased as provided herein, and if there are no
dependents, shall pay into the State treasury a sum equal to
twenty per cent o f the amount provided in subsection 2 of this
section. Any claim for compensation must be filed with the com
mission within one year from the date o f the death o f the de
ceased; and if at the end o f one year from the date o f the death
o f the deceased, no claim for compensation shall have been filed
with the commission, the payment o f the sum equal to twenty
per cent of the amount provided in subsection 2 o f this section
shall be paid at that time into the State treasury by the employer
or the insurance carrier. Such payment shall be held in a special
fund for the purposes provided in subsections 6 and 7 o f this
section ; the State treasurer shall be the custodian o f this special
fund, and the commission shall direct the distribution thereof.
[Paragraph 3 o f this section is amended by adding thereto the
follow in g :]
P r o v i d e d , That the benefits provided for in this subsection shall
Adjustment of
be in keeping with the circumstances and conditions o f dependency benefits,
existing at the date o f injury, and any amount awarded by the
commission under this section must be consistent with the general
provisions o f this act.
[Paragraph 5 is amended by adding thereto the words, “ H alf
brothers and half sisters shall be included in the words ‘ brother
or sister ’ as above used.”
New paragraphs 7 and 8 are added, as fo llo w s :]
any wholly dependent persons, who have been receiving the Extension
benefits o f this act, and who, at the termination o f such b e n e fits benefits,
are yet in a dependent condition, and under all reasonable cir
cumstances, should be entitled to additional benefits, the indus-

S . 3133

67,

3129

1921).

injuries by
third parties,

3130.

176

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 t h e u n it e d s t a t e s .

trial commission may, at its discretion, extend indefinitely such
benefits; but the liability o f the employer or insurance carrier
involved shall not be extended, but the additional benefits allowed
shall be paid out o f the special fund provided for in subdivision 1
o f this section.
Aliens.
8.
When any alien dependent o f the deceased resides outside o f
the United States o f America or any o f its dependencies, or Can
ada, such dependent shall be paid not to exceed one-half o f the
amount provided herein.
[Section 3141 is amended by changing the last sentence so as
to read as fo llo w s :]
Death of bene
Should any dependent o f a deceased employee die during the
ficiary.
period covered by such weekly payments, the right o f such de
pendent to compensation under this title shall cease: P r o v i d e d ,
Should a w idow who is the sole dependent o f a deceased em
Remarriage.
ployee, and who is receiving the benefits o f this act, rem arry
during the period covered by such weekly payments, she shall
be entitled to receive in lump-sum payment one-third o f the
benefits yet remaining unpaid at the time o f such remarriage.
[Sections 3142 and 3147 are amended so as to read as fo llo w s :]
Computation of
S e c . 3142 (as amended by ch. 67, Acts o f 1921). The average
wages.
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, and
shall be arrived at and determined in the follow ing manner, to
w it : Employment shall mean pursuit in the usual trade, business,
or profession o f the employer. Five and one-half or six day
employment shall mean pursuit in the usual trade, business, or
profession, the usual operation o f which is six days or less per
week. Seven day employment shall mean pursuit in the usual
trade, business, or profession, the usual operation o f which is seven
days per week. The average weekly wage shall be determined as
fo llo w s :
1. Determine the contract o f hire existing at the time o f the
injury, whether upon annual, month, week, day, hour, or piece
b a sis;
2. Determine whether the employment is operated on a five and
©ne-half, six, or seven day basis;
3. Determine daily wage as follow s:
(a ) I f the w age is on an annual basis, and the employment is
seven days per week, divide the annual salary by 364 days.
Result— daily wage. I f employment is five and one-half or six
days per week, divide the annual salary by 312 days. Result—
daily wage.
(b ) I f wage is on monthly basis, multiply monthly salary by 12
and proceed as above (a ) to determine daily wage.
(c ) I f the wage is on a daily basis, no rule is required.
(d ) I f the wage is on an hourly basis, multiply pay per hour by
the number o f hours said employment regularly operates, or if
operation is not regular, use eight hours as a day.
(e) I f the wage is on piece basis, use the average daily earn
ings for a reasonable period in which employment has been regu
lar. D ivide the amount earned by the number o f days w orked in
such period. I f the duration o f employment has been too short
to determine as above, then use the wage o f an average employee,
taking into consideration the experience o f said employee and
determine as above (a ).
( f ) I f the wage is on part-time basis, and the employment is
regular, the wage shall be extended to full-time bhsis, or that
wage the injured would earn if working fu ll time im such employ
ment, and determine as above ( a) .
4. To determine average weekly wage, if the employment is
five and one-half or six days per week, multiply the daily wage,
as determined by the foregoing method, by 300 and divide by 52.
I f the employment is seven days per week, m ultiply the daily
Wage, as determined above, by 332 days and divide by 52.

TEXT OF LAWS— UTAH,

177

5. To determine weekly compensation, let D represent daily
wage.
I f 5$ or 6 days o f employment per week . • .
D x 300 x 60
----------------- = w eek ly compensation.
52
I f 7 days o f employment per week

D x 332 x 60
----------------- = weekly compensation.
52
6. To determine daily compensation, divide weekly compensa
tion by seven.
S e c . 3147 (as amended by ch. 67, Acts o f 1921). In addition to
Medical, etc.,
the compensation provided for in this act, the employer or insur- aid*
ance carrier, or the State insurance fund shall in ordinary cases
also be required to pay such a reasonable sum for medical, nurse,
and hospital services, and for medicines, and for such other arti
ficial means and appliances as may be necessary to treat the pa
tient as in the judgment o f the commission may be just, not ex
ceeding the sum o f $500: P r o v i d e d , That if upon application to
and investigation by the commission it shall find that in particu
lar cases such an amount is insufficient, then and in such event
the commission shall determine and fix such a reasonable amount
as under all the circumstances shall be fair and just, and in
case death results from the injury the commission shall also re
quire the employer or insurance carrier, or the State insurance
fund, to pay the burial expenses in ordinary cases not exceeding the Buri al e x
sum o f $ 1 5 0 :1 P r o v i d e d , h o w e v e r , That if upon an application penses*
and hearing the commission shall find that in particular cases
that amount shall be insufficient, then and in that event the com
mission shall determine and fix such a sum for burial expenses
as in its judgment under all the circumstances shall be fair and
just. The commission shall in all cases allow only such an amount
for the services and things herein provided for as in its judgment
shall be fair and just.
[Section 3148 is amended by inserting after the word “ thereby”
in the fourth line, the words “ including the State insurance
fund ’’ ; also by adding a new subsection (e), as fo llo w s :]
(e) In all cases coming before the industrial commission in Attorneys’ fees,
which attorneys have been employed, the commission is vested
with full power to regulate and fix the fee charge to be made by
such attorneys.
[Section 3152 is amended by adding a new paragraph, as fo l
lo w s:]
1. An injured employee who desires to leave the locality in Change of lowhich he or she has been employed during the treatment o f his cahty’
or her injury or desires to leave this State, shall report to his
or her attending physician for examination, notifying the commis
sion in writing o f such intention to leave, accompanying such
notice w ith a certificate from the attending physician, setting
forth the exact nature o f the injury, the condition o f the em
ployee, together wTith a statement of the probable length o f tim e
the disability will continue. After complying with the require
ments herein set forth and upon written consent of the commis
sion, the employee may leave the locality in which he or she has
been employed, otherwise no compensation will be allowed during
such absence from the locality in which he or she has been em
ployed.
[A new section is added, as fo llo w s :]
S e c . 3156x (added by ch. 67, Acts o f 1921). W here an emF a ilu r e t o re
ploy ee claiming to have suffered an injury in the service o f his P01* il^ury*
1 T he p rov iso fo llo w in g the figures 150 w as reta in ed in th e en grossed
h ill. T h e m in ute clerk o f the senate, h ow ever, certifies th a t all a fte r
these figures w as stricken ou t by an am en dm en t d u ly ca rried and record ed .

178

w o r k m e n ’s

Reports.

Ret ur n
funds.

c o m p e n s a t io n

law s

the

u n it e d

states.

employer fails to give notice to his employer o f the time and
place where the accident and injury occurred and the nature o f
the same within forty-eight hours, or fails to report for medical
treatment within said time, the compensation provided for herein
shall be reduced fifteen per cent: P r o v i d e d , h o w e v e r , That know
ledge 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 the injured
sufficient to afford an opportunity to the employer to make an in
vestigation into the facts and to provide medical treatment shall
be equivalent to such notice or any defect or inaccuracy therein
shall not subject the claimant to such reduction, 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 preju
diced thereby: A n d p r o v i d e d f u r t h e r , That if no notice o f the
accident and injury is given to the employer within one year from
the date o f the accident, the right to compensation shall be w holly
barred.
[Section 8159 is changed so as to provide for biennial reports,
the opening lines now readin g: “ On or before the 15th day o f
December preceding the regular sessions o f the legislature the
commission, under the oath o f at least two o f its members, shall
make a report to the governor for the preceding biennial period,”
etc.
of
Section 3163 is amended by adding the follow in g :]
P r o v i d e d , That the said sum o f $40,000 so appropriated fo r the
State insurance fund shall be returned to the State treasury from
the State insurance fund, either in cash or in securities pur
chased by the State insurance fund or as credits to apply on
premiums due or to become due from the State at such time and
in such amounts as the commission shall deem advisable and
when in the judgment o f the commission, the return o f said appro
priation may be made without impairing the solvency o f said
State insurance fund.

VERMONT.
[The compensation law o f this State is amended by Acts Nos.
167, 168, and 169, Acts o f 1921. Section 5785 is amended so as
to read as fo llo w s :]
S ri. 5785 (as amended by No. 167, Acts o f 1921). W here the Total disability,
injury causes total disability for work, the employer during such
disability, not including the first fourteen days thereof if said
injury is received prior to the first day of July, nineteen hundred
and eighteen, and not including the first seven days thereof if
received on or after said last-named day, shall pay the injured
employee a weekly compensation equal to fifty per cent o f the
average weekly wages, but not more than twelve dollars and
fifty cents, if said injury is received prior to the first day o f
July, nineteen hundred and twenty-one, and not more than fifteen
dollars if received on or after said last-named day, nor less than
six dollars a week in any event. Payments shall not continue
after the disability ends, nor longer than two hundred and sixty
weeks, and in case the total disability begins after a period o f
partial disability the period of partial disability shall be deducted
from such total period o f two hundred and sixty weeks. In case
o f an employee whose average weekly wages are less than three
dollars a week, the compensation shall be the full amount o f such
average weekly wages.
[Section 5788 is amended by making the first paragraph read
as follow s:]
S ec . 5788 (as amended by No. 168, Acts o f 1921). In case o f
Permanent parthe follow ing injuries, the compensation shall be paid d u rin g tial disabilltiestotal disability, as provided in section five thousand seven hun
dred and eighty-five, and at the termination o f the total disa
bility occasioned by said injuries the employer shall pay to said
injured employee fifty per cent o f the average weekly wages, com
puted as provided in section five thousand seven hundred and
ninety, and subject to the maximum and minimum as provided in
section five thousand seven hundred and eighty-five, for the
periods stated against such injuries, respectively, but in no case
to exceed the period o f two hundred and sixty weeks, which com
pensation shall be in lieu o f all other benefits except those pro
vided in section five thousand seven hundred and eighty-four.
[Section 5804 is amended by No. 169, Acts o f 1921, by adding
thereto the follow in g :]
On request o f said commissioner such examination shall be Medical exammade by the director o f the State laboratory o f hygiene or by a inations.
physician designated by him. Said director shall advise the
commissioner, when requested by him, on medical matters per
taining to the work o f said commissioner.
ACTS OF 1921.
No. 164.— W

o r k m e n 's

c o m p e n s a tio n

in s u r a n c e

S e c t io n 1. Every insurance company, corporation or association R a t e s to be
or other insurer, herein called “ insurer,” which insures employers filed*
against liability for compensation under the workmen’s compen
sation act shall file with the insurance commissioner its classifi
cation o f risks and premium rates, together with basic rates and
schedule or merit ratings, if a system o f schedule or merit rating
be in use, none o f which shall take effect until the commissioner
shall have approved the same as reasonable and proper for the

179

180

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 t h e

Approval
quired.

Violations.

u n it e d

states.

risks to which they respectively apply. The commissioner may
w ithdraw his approval o f a premium rate or schedule made by
an insurer, if in his judgment such premium rate or schedule is
inadequate to provide for the obligations assumed by the insurer.
re- On and after September first, nineteen hundred and twenty-one,
such an insurer shall not issue, renew, or carry any insurance
against liability under the workmen’s compensation act at
premium rates other than those approved by the commissioner
for such carrier as reasonable and proper for the risks to which
they respectively ap p ly : P r o v i d e d , That if the commissioner shall
have previously approved a system o f schedule or merit rat
ing, filed with him by an insurer, the same may be applied to
risks subject thereto only by a regional rating bureau approved
by the commissioner for the uniform and im partial application
thereof. The adjusted rate arrived at by any reduction or in
crease from the basic rate filed with and approved by the com
missioner, in the application o f such system o f schedule or merit
rating, shall be clearly set forth in the insurance contracts or in
the endorsements attached thereto.
Sec. 2. An insurer who violates the provisions o f this act shall
be fined five hundred dollars for the first offense and fo r a sub
sequent offense shall be fined a like amount and its license to do
business in this State may be suspended or revoked by the insur
ance commissioner.
Approved April 1, 1921.

VIRGINIA,
[Section 2 o f the compensation law o f this State is amended
by No. 425, Acts o f 1922, by making subsection (b ) read as fo l
lo w s :]
(b ) “ Employee ” shall include every person, including a minor, “ Employees."
in the service o f another under any contract o f hire or apprentice
ship, written or implied, except one whose employment is not
in the usual course o f the trade, business, occupation, or profession
o f the em ployer; and as relating to those so employed by the
State the term “ employee ” shall include all officers and employees
thereof, except only such as are elected by the people, or by the
general assembly, or appointed by the governor either with or
without the confirmation o f the senate; as relating to municipal
corporations and political divisions o f the State, the term “ em
p loy ee” shall include all officers and employees thereof, except
such as are elected by the people or elected by the council, or
other governing body of said municipal corporation or political
division, who act in purely administrative capacities and to serve
for a definite term o f office. Policemen and firemen, except police
men and firemen in cities containing more than 170,000 inhabit
ants, shall be deemed to be employees o f the respective cities,
counties, or towns in which their services are employed and by
whom their salaries are paid. Any reference to an employee who
has been injured shall, when the emloyee is dead, include also his
legal representative, dependents, and other persons to whom com
pensation may be payable.
[Section 12 is amended so as to read as fo llo w s :]
Sec. 12 (as amended by ch. 176, Acts o f 1920). The rights and Remedy exclu
remedies herein granted to an employee where he and his employer sive.
have accepted the provisions o f this act respectively to pay and
accept compensation on account o f personal injury or death by
accident shall exclude all other rights and remedies of such
employee, his personal representative, parents, dependents, or
next o f kin at common law, or otherwise on account o f such in
jury, loss o f service, or death.
The making o f a law ful claim against an employer for com I n j u r i e s by
pensation under this act for the injury or death o f his employee third parties.
shall operate as an assignment to the employer o f any right to
recover damages which the injured employee or his personal
representative or other person may have against any other party
for such injury or death, and such employer shall be subrogated
to any such right and may enforce, in his own name or in the
name o f the injured employee or his personal representative,
the legal liability o f such other party. The amount o f compen
sation paid by the employer, or the amount o f compensation to
which the injured employee or his dependents are entitled, shall
not be admissible as evidence in any action brought to recover
damages, but any amount collected by the employer under the pro
visions o f this section in excess o f the amount paid by the em
ployer or for which he is liable shall be held by the employer for
the benefit o f the injured employee or other person entitled there
to, less such amounts as are paid by the employer for reasonable
expenses and attorney’s fees: P r o v i d e d , That no compromise set
tlement shall be made by the employer or insurance carrier in
the exercise o f such right o f subrogation without the approval of
the industrial commission and the injured employee or the per
sonal representative or dependents o f the deceased employee being
first had and obtained.

181

182

w o r k m e n ’ s c o m p e n s a t io n l a w s o p t h e u n it e d s t a t e s .

Subrogation.

W here any employer is insured against liability fo r compensa
tion with any insurance carrier, and such insurance carrier shall
have paid any compensation for which the employer is liable or
shall have assumed the liability o f the employer therefor, it shall
be subrogated to all the rights and duties o f the employer, and
may enforce any such rights in its own name or in the name o f the
injured employee or his or her personal representative: P r o v i d e d ,
h o w e v e r , Nothing herein shall be construed as conferring upon
insurance carriers any other ©r further rights than those existing
in the employer at the time o f the injury to his employee, any
thing in the policy o f insurance to the contrary notwithstanding.
Nothing in this act contained shall be construed to make, for the
purposes o f this act, the employees o f an independent contractor,
the employees o f the person or corporation employing or contract
ing with such independent contractor.
Medical treat
[Section 26 is amended by ch. 176, Acts o f 1920, by increasing
ment.
the period for free medical treatment from 30 to 60 days.
W aiting time.
Section 29 is amended by the same chapter by reducing the w ait
ing time from 14 to 10 days, also by adding, “ If, however, such
incapacity shall continue fo r a period o f more than six weeks, then
compensation shall be allowed from the first day o f such in
capacity.”
Maximum bene
Section 30 Is amended by the same chapter by increasing the
fits.
weekly maximum benefit from $10 to $12, and the total from $4,000
to $4,500.
Section 31 is similarly amended as to the weekly maximum.
Section 32 is amended by ch. 176, Acts o f 1920, by changing sub
division (q ) so as to read as fo llo w s :]
Loss of vision.
(q ) F or the permanent total loss o f the vision o f an eye, fifty
per centum o f the average weekly wage during one hundred
w eeks; and for the permanent partial loss o f the vision o f an
eye, the percentage of one hundred weeks equivalent to the per
centage o f the vision so permanently lost.
[Also by adding a new subdivision (s ), as fo llo w s :]
Loss o f use.
(s ) In construing the foregoing section the permanent loss o f
the use o f a member shall be held equivalent to the loss o f such
member, and for the permanent partial loss or loss o f use o f a
member compensation may be proportionately awarded.
[W eekly limitations are the same as in section 30.
Section 38 is amended so as to read as fo llo w s :]
Sec. 38 (as amended by ch. 176, Acts of 1920). When an em
D e a t h from
other cause.
ployee receives or is entitled to compensation under this act, fo r
an injury covered by section thirty-two, and dies from any other
cause than the injury for which he was entitled to compensation,
payment o f the unpaid balance o f compensation shall be made to
his statutory distributees dependent upon him for support, in lieu
o f the compensation the employee would have been entitled to had
he liv e d : P r o v i d e d , h o w e v e r , That If the death is due to a cause
that is compensable under this act and the dependents o f such
employee are awarded compensation therefor, all right to unpaid
compensation provided by this section shall cease and determine.
Death benefits.
[Section 39 is amended by ch. 176, Acts o f 1920, by increasing
the maximum weekly benefits fo r death from $10 to $12. This act
also extended the maximum term o f payments to 500 weeks, but
this was returned to 300 weeks by ch. 427, Acts o f 1922.
Section 42 is amended by ch. 176, Acts o f 1920, by advancing the
total maximum compensation from $4,000 to $4,500.
Lump sums.
Section 45 is amended by ch. 425, Acts o f 1922, by reducing the
term after which lump-sum commutations may be made from 26
weeks to 6 weeks.
Section 46 is amended by the same act by inserting after the
w ord “ occurred ” in the first sentence, the w ords “ or by such
other circuit or corporation court as may be designated by the in
dustrial commission as more compatible with the interests and
convenience o f the beneficiaries.”
Section 48 is am ended by ch. 176, A cts o f 1920, by striking out
in the fou rth line o f paragraph (b ) the w ords “ in the aggregate ” ;

TEXT OF LAWS— VIRGINIA,

183

also by Inserting after the word “ c o u r t” in paragraph (c ) the
words “ or the judge thereof in vacation.”
Section 53 is amended by the same act by increasing the salary
o f the commissioners from $3,600 to $4,000 per year and o f the
secretary from $2,000 to $3,000.
Section 55 is amended by^ the same act, so that #he third para
graph now reads as fo llo w s :]
The commission or any member or deputy commissioner shall ^°wer of com'
have authority to enforce t'he attendance o f all parties ih interest
on*
and o f witnesses and the production and examination o f books,
papers, and records as is vested by law in the circuit courts o f
this State.
[Section 57 is amended by the same act by substituting ten for
fourteen in the first line.
Section 61 is amended by ch. 425, Acts o f 1922, by inserting
after the second sentence (ending with the w ords “ ensuing
te r m ” ) the fo llow in g :]
Appeals shall lie from such decision o f the judge o f the circuit
or corporation court to the supreme court o f appeals in the man
ner as now provided by law for appeals in civil ca ses : P rovid ed ,
hotcever, That the petition for such appeal shall be presented to
the supreme court o f appeals or one o f its judges if the court be
not in session, within thirty days after the entry o f the order
appealed from. In such case the filing with the clerk o f the
appellate court o f ten neatly typewritten copies o f the record,
duly certified by the clerk of the court from which the appeal is
taken, shall be taken as a substitute for printing such record.
Cases so appealed shall be placed upon the privileged docket o f
the court and be heard at the next ensuing term thereof wherever
held.
[Section 68 is amended by ch. 176, Acts o f 1920, by substituting
a period for the colon after the w ord “ incurred ” in the second
sentence, and inserting the follow in g :]
The State treasurer shall be the custodian o f the securities Gu®*0*11®*1deposited by the employers under the requirements o f this section,
and for such services he Shall receive a compensation o f onetwentieth of one per centum per annum o f the amount o f securi
ties deposited with him, payable by the employer.
[The proviso o f the second sentence is made a separate para
graph.
Section 69 is amended by ch. 425, Acts ©f 1922, by adding to
paragraph (a ) the follow in g :]
Every employer that has complied with the foregoing provision poi i ^ . ellatlon of
and has subsequently cancelled his insurance shall im m ediatelyP
notify the industrial commission o f such cancellation, the date
thereof and the reasons th erefor; and every insurance carrier shall
in like manner notify the commission immediately upon the can
cellation o f any policy issued by it under the provisions o f this
act.
[ Section 75 is amended by ch. 176, Acts o f 1920, in various para
graphs. Paragraph (a ) is amended by substituting the word
“ association ” for the words “ plan or scheme ” in the first sen
tence ; also by striking out the words “ with due allowance for
merit rating ” in the same sentence; also by inserting the fo l
lowing after the first sentence:]
Subject to such rules as the commissioner o f insurance may rat^ a ng e 0 f
prescribe, the basic rates may be modified in accordance with a
plan of physical or schedule rating, and rates for the renewal
o f risks carried under policies o f insurance having a normal ex
piration date July 1, 1920, or later, may be further modified in
accordance with a plan or scheme of experience rating.
[Paragraph (c ) is amended by changing feur to three, as the
rate per cent o f the tax on premiums. Similarly, fou r is changed
to three in paragraph (d ), second sentence, and in paragraph ( j ) ,
third sentence.]

WASHINGTON.
[The compensation act o f this State is amended by ch. 182,
Acts o f 1921.
Scope.
Section 6604-2 is amended by inserting after the w ords “ ferries
and railroads,” in the list o f extrahazardous occupations, the
words, “ general warehouse and storage; transfer, drayage, and
h au lin g; warehousing and tra n sfer; fruit warehouse and packing
houses.”
The concluding paragraph is amended so as to read as fo llo w s ;]
C la ssifica tion
The director o f labor and industries through and by means o f
of occupations. the division o f industrial insurance shall have power, after hear
ing had upon its own motion, or upon the application o f any party
interested, to declare any occupation or work to be extrahazardous
and to be under this a c t The director o f labor and industries
shall fix the time and place o f such hearing, and shall cause
notice thereof to be published once at least ten days before the
hearing in at least one daily newspaper o f general circulation,
published and circulated in each city o f the first class in this
State. No defect or inaccuracy in such notice or in the publica
tion thereof shall invalidate any order issued by the director o f
labor and industries after hearing had. Any person affected shall
have the right to appear and be heard at any such hearing. Any
order, finding, or decision o f the director o f labor and industries
made and entered under the foregoing provisions o f this act
shall be subject to review by the courts within the time and in the
manner specified in section 6604-20 and not otherwise.
[Section 6604r-3 is amended by changing the seventh paragraph
(definition o f employer) so as to read as fo llo w s :]
“ Employer.”
Except when otherwise expressly stated, “ em p loyer” means
any person, body o f persons, corporate or otherwise, and the legal
personal representatives o f a deceased employer, all while en
gaged in this State in any extrahazardous work or who con
tracts with another to engage in extrahazardous work.
[The ninth paragraph (relative to working employers) is
amended by substituting the term, “ director o f labor and indus
tries ” for the w ord “ commission,” where it occurs.
A new definition is also added, as fo llo w s :]
t “ ? d^ ,ational
The term “ educational standard ” shall mean such standards as
s an ar .
the supervisor o f safety shall make for the purpose o f educating
and training both employer and workman in the appreciation and
avoidance o f danger, and in the maintenance and proper use o f
safe place and safety device standards.
[Tw o new sections are added, as fo llo w s :]
New
employS e c . 6604-4A (added by ch. 182, Acts o f 1921). Every emerg*
ployer w ho after June 30th, 1921, shall for the first time since
June 30th, 1918, engage in any extrahazardous work shall be
known as a temporary employer, and shall remain so fo r the
period o f one year follow ing the commencement o f such work.
Each temporary employer shall contribute to the accident fund on
the basis o f the class rate fo r the class or class subdivision to
which he shall belong increased 33$ per cent. At the end o f the
first year o f his operations he shall cease to be a tem porary
employer if he has paid his aforesaid contribution into the acci
dent fund. In each case where the accident cost to the fund for
the first year’s operations o f any temporary employer, who shall
so cease to be a temporary employer, shall not exceed his contri
bution, the said 33$ per cent increase shall be refunded or cred
ited to him out o f the accident fund.
184

TEXT OF LAWS— WASHINGTON.

185

Assessors to re
S e c . 6604-4B (added by ch. 182, Acts o f 1921). It shall be the
duty o f the county assessor in each o f the counties of the State port.
each year to make a list upon blanks to be furnished by the
industrial insurance department o f all employers within his
county who are engaged in extrahazardous industries as defined
by this act, and to forw ard such list o f extrahazardous employ
ments and industries to the industrial insurance department on
or before the first day o f May of each and every year.
[Section 6604-10 is amended by striking out the last paragraph, Aliens.
and inserting in lieu thereof the fo llow in g :]
Except as otherwise provided by treaty, whenever under the
provisions o f this act compensation is payable to a beneficiary or
dependent who is an alien not residing in the United States, the
commission shall pay fifty per centum o f the compensation herein
otherwise provided to such beneficiary or dependent. But if a
nonresident alien, beneficiary, or dependent is a citizen o f a gov
ernment having a compensation law which excludes citizens o f
the United States, either resident or nonresident, from partak
ing o f the benefit of such law in as favorable a degree as herein
extended to nonresident aliens, he shall receive no compensation.
P roof o f dependency by any beneficiary or dependent residing
without the United States shall be made before the nearest
(United States) consul or consular agent under the seal of such
consul or consular agent and the department may cause any
warrant or warrants to which such beneficiary or dependent
is entitled to be transmitted to the beneficiary or dependent
through the nearest (United States) consul or consular agent.
[Section 6604-12 is amended by adding a new paragraph, as Physicians to
report.
fo llo w s :]
(e ) Any physician who fails, neglects, or refuses to file a re
port with the industrial insurance department as required by
this act within ten days o f the date o f treatment, showing the
condition o f the injured workman at the time of treatment, a
description o f the treatment given, and an estimate o f the proba
ble duration o f the injury, or who fails or refuses to render all
necessary assistance to the injured workman as required in this
act, shall be guilty o f a misdemeanor.
Public works.
[Section 6604-17 is amended so as to read as fo llo w s :]
Sec. 6604r-17 (as amended by ch. 182, Acts o f 1921). Whenever
the State, county, any municipal corporation, or other taxing
district shall engage in any extrahazardous work, or let a con
tract therefor, in which workmen are employed for wages, this
act shall be applicable thereto. The employer’s payments into the
accident fund shall be made from the treasury o f the State, county,
municipality, or other taxing district. I f said work is being
done by contract, the pay roll o f the contractor and the subcon
tractor shall be the basis o f computation, and in the case o f con
tract work consuming less than one year in performance the re
quired payment into the accident fund shall be based upon the
total pay roll. The contractor and any subcontractor shall be
subject to the provisions o f the act, and the State for its general
fund, the county, municipal corporation, or other taxing district
shall be entitled to collect from the contractor the full amount
payable to the accident fund, and the contractor, in turn, shall
be entitled to collect from the subcontractor his proportionate
amount o f the payment. Whenever and so long as, by State law,
city charter, or municipal ordinance, provision is made for munici
pal employees injured In the course o f employment, such em
ployees shall not be entitled to the benefits o f this act and shall
not be included in the pay roll o f the municipality under this a c t
The provisions o f this act shall apply to all extrahazardous work
done by contract; the employer who lets a contract for such ex
trahazardous work shall be responsible prim arily and directly to
the accident fund for the proper percentage o f the total pay
roll o f the work. The contractor and any subcontractor shall C o n tr a c to r s .
be subject to the provisions o f this act, and the employer shall
be entitled to collect from the contractor the full amount payable

186

w o r k m e n ’s c o m p e n s a t io n

l a w s of t h e

u n it e d

states,

to the accident fund, and the contractor in turn shall be entitled
to collect from the subcontractor his proportionate amount ©f
the payment.
[Section 6604-24 is amended by substituting the term “ director
o f labor and industries ” for the word “ commission ” in the first
line.
Paragraphs 4 and 7 are amended so as to read as fo llo w s :]
Duties o f di4. Supervise the medical, surgical, and hospital treatment to
rector.
the intent that same may be in all cases efficient and up to the
recognized standard o f modern surgery.
7.
Create a division o f statistics within which shall be compiled
such statistics as w ill afford reliable inform ation upon which to
base operations o f all divisions under said department.
[Section 6604-33 is amended so as to read as follo w s :]
Sec. 6604r-33 (as amended by ch. 182, Acts o f 1921). It is the
M edical,
etc., intent to require the industries o f the State to furnish medical,
aid.
surgical, and hospital care to their injured workmen and to place
the expense thereof upon each industry and upon each establish
ment in such industry as near as may be in the proportion in
which it produces injury and creates expense. To this end the
division o f industrial insurance shall divide the industries o f the
State into five classes representing five degrees in the causation
o f injury and consequent expense for the medical, surgical, and
hospital care thereof, and said classes to be designated, respec
tively, class A, class B, class C, class D, class E. The industries
Classes.
shall be distributed into these classes as fo llo w s : In class C, those
industries which produce nearest the average degree o f causation
and expense; in class A, those which produce nearest one-half o f
such average; in class B, those which produce nearest threefourths o f such average; in Glass D, those which produce nearest
one and one-fourth times such average; in class E, those which
produce nearest one and one-half times such average. The
director ©f labor and industries, through and by means o f the
division o f industrial insurance, shall annually, before January
1st o f each year, fix for the ensuing year the rate which each
Rates.
firm shall pay into the medical aid fund, which rate may be in
creased or decreased, based upon the cost experience o f such
firm for the preceding year, within the limits o f payment now
existing, as follow s: When the accident cost to the medical aid
fund o f an employer be not less than 76% or more than 90% o f
his contribution his medical aid rate shall remain the same.
When the accident cost to the medical aid fund o f an employer
be not less than 51% nor more than 76% o f his contribution his
medical aid rate shall be reduced to the next lower rate. When
the accident cost to the medical aid fund o f an employer be not
less than 26% nor more than 51% o f his contribution his medical
aid rate shall be reduced to the second next lower rate. When
the accident cost to the medical aid fund o f an employer be not
less than 90% nor more than 125% o f his contribution his
medical aid rate shall be increased to the next higher rate. When
the accident cost to the medical aid fund o f an employer be more
than 125% o f his contribution his medical aid rate may be ad
vanced to the second next higher class.
For the purpose o f carrying out the intent o f this section in
Merit rating.
merit rating and penalizing o f those industries and employers in
classes D and E there [shall] be created two additional classes,
designated, respectively, as class F and class G. In class F shall
be distributed those industries which produce nearest one and
three-fourths times the average degree o f causation and expense;
in class G, those which produce nearest two times such average.
Those industries and employers in classes D and E who shall be
penalized as provided in this section shall be placed in class F
or class G, respectively, for the ensuing year, as herein otherwise
provided for the rerating o f classes A, B, C, D, and E.
In no case shall the reduction in one year be greater than two
classes and in no case shall the advance in one year be greater
than two classes: P r o v i d e d , That the annual rerating directed

TEXT OF LAWS— WASHINGTON,

187

herein shall not apply to establishments under contract with
physicians, surgeons, or owners o f hospitals operating the same
while such contract is in effect. From the original classification
or any change made therein any employer or workman claiming
to be aggrieved may upon application have a hearing before the
division o f the industrial insurance upon notice to the interested
parties, and in the manner provided in section 6604-20 a review
by the courts. The body o f interested workmen may designate
in writing in duplicate one o f them to be the recipient of service
upon all o f them, one copy to be posted for local convenience and
the other to be filed with the secretary o f the supervisor of indus
trial insurance. In default o f any such designation, service upon
any one workman other than the one instituting a complaint shall
be service upon all.
[Section 6604-35 is amended by striking out from the first
sentence the words “ other than section 6604-19, t h e r e o f a l s o
by changing the second and third sentences follow ing the colon
to read as fo llo w s :]
But after any injured workman shall have returned to his work
Extension of
his medical and surgical treatment may be continued at t h e aid*
expense o f the medical aid fund, if and as long as, such con
tinuation is deemed by the supervisor o f industrial insurance
to be necessary to his more complete recovery. In order to
authorize such continued treatment in any case the written order
o f the supervisor o f industrial insurance issued in advance o f
the continuation shall be necessary.
[Also by substituting the supervisor o f industrial insurance
for the State board as the party to furnish an artificial limb or
eye when n eeded; also by striking out from the next to the last
sentence the words “ by his local aid board.”
Section 6604-45 is amended so as to read as fo llo w s :]
S e c . 6604-45 (as amended by ch. 182, Acts o f 1921).
Any Contracts for
contract made in violation o f this act shall be invalid, except th a tmedica1, etc-»«d.
any employer engaged in extrahazardous work may, with the
consent o f a m ajority o f his workmen, enter into written con
tracts with physicians, surgeons, and owners o f hospitals operat
ing the same, or with hospital associations, for medical, surgical,
and hospital care to workmen injured in such employment by and
under the control and administration o f and at the direct expense
o f the employer and his workmen. Such a contract shall not
be assignable or transferable by operation o f law or otherwise
except with the consent o f the supervisor o f industrial insurance
endorsed thereon. Before any such contract shall go into effect
it shall be submitted to the supervisor o f industrial insurance,
and may be disapproved by the supervisor o f industrial insurance
when found not to provide for such care o f injured workmen as
is contemplated by the provisions o f section 6604-36, and if a
contract so submitted be with the owners o f a hospital operating
the same, or with a hospital association, the supervisor o f in
dustrial insurance shall have power t© disapprove the same if
in his judgment the ownership or management o f such hospital
or hospital association w ill not be such as to produce satis
factory service. Any such contract with physician, surgeon, or
owner and operator o f a hospital, or with a hospital association,
so disapproved shall not be valid. Otherwise it shall be approved
and take and continue in effect for any period o f time specified
therein, not exceeding three years from date o f such ap proval:
P r o v i d e d , h o w e v e r , That the director o f labor and industries
Bond,
through the division o f industrial insurance may before approving
any such contract require the giving by any physician, surgeon,
hospital or hospital association o f a bond in such sum and in
such form, as frhe director may determine conditioned against
any abandonment o f such contract. Every such contract to be
valid must provide that the expenses incident to it shall be Ex en es
borne one-half by the employer and one-half by such employees,
xPenses*
and that it shall be administered by the two interests jointly

188
Effect.

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 t h e u n it e d

states.

and equally. So long as such contract shall be in effect the
subject matter o f the contract shall (except as in this section
otherwise specified) be outside o f and not affected by the pro
visions o f sections 6604-38 to 6604-44 inclusive, and section
6604-46, other than the provisions o f section 6604-35 relating
to artificial substitutes and lenses and the basis o f compensation
when lenses supplied, and to transportation o f injured workmen,
and to educational standards o f safety, and other than the
provisions o f section 6604-40 relating to the analyses and reports
o f accidents, and the employer shall pay monthly into the
medical aid fund ten per centum o f the amount he would have
been required to pay in that month if such contract had not
been made, and o f that ten per centum he shall collect one-half
from his said workmen by proper deduction from the daily wage
o f each. During the operation o f any such contract the super
visor o f industrial insurance or any interested person may file
a complaint with the supervisor o f industrial insurance alleging
that the service and care actually rendered thereunder are not
up to the standard provided in section 6604-36, and if upon a
hearing had upon notice to the employer and workmen interested
thereunder, the supervisor o f industrial insurance may make
an order that the contracts shall terminate unless the defect
or deficiency complained o f shall be remedied to his satisfaction
within a period to be fixed in such order. Notice to the workman
may be effected in the manner provided in section 6604-33. The
employer or any interested workman may appeal from such deci
sion to the courts in the manner provided in section 6604-20.
During the appeal the contract shall remain in force and opera
tion, but the costs o f the appeal shall be paid out o f the medical
aid fund only in case the decision o f the supervisor o f industrial
insurance is reversed by the court. I f during the operation o f any
such contract, any injured workman shall not receive medical or
surgical treatment with reasonable promptness upon the occur
rence o f his injury, or at any time during his treatment the
supervisor o f industrial insurance may provide such treatment
during the emergency at the expense o f his employer, who may
charge such expense against such contract, and such emergency
treatment shall continue until supplanted by like treatment
under such contract, notwithstanding the pendency o f an appeal
from such action. The cost o f such emergency treatment shall
not exceed the rates specified in the fee bill provided by section
6604-36. The acceptance o f employment by any workman shall
be and be held to be an acceptance o f any existing contract made
under this section to which his employer is a party.
No contract for medical, surgical, or hospital care o f injured
workmen entered into prior to the time this act shall go into
effect shall be invalidated by anything in this act contained.

WISCONSIN.
[The compensation law o f this State is amended by several acts
o f the legislature o f 1921.
Section 2394-7 is amended by chapter 451, by adding to sub Domestic, etc.,
employees.
section (4 ) the words “ unless such employer has, by an affirma
tive election, in the manner provided in subsection (1) o f section
2394-5, specifically elected to include domestic and other em
ployees under coverage o f the act.”
Section 2394-9, subsection (1 ), is amended by chapter 414 by Panel of phy
inserting after the first sentence th ereof: “ The employee shall sicians.
have the right to make choice o f his ^attending physician from a
panel o f physicians to be named by the employer ” ; also after the
(old ) second sentence: “ Failure o f the employer to maintain a
reasonable number o f competent and impartial physicians ready
to undertake the treatment o f the employee and to permit the
employee to make choice o f his attendant from among them shall
constitute neglect and refusal to furnish such attendance and
treatment.”
Also by adding the follow in g :]
In determining the reasonableness of the size o f the medical Size of panel.
panel, the commission shall take into account the number o f com
petent physicians immediately available to the community in
which the medical service is required, and only where one such
physician is available in such community, the tender o f attention
by such physician shall be construed as a compliance with the pro
visions o f this section. In no event shall the employer be re
quired to maintain a panel o f more than three such physicians;
except that in counties containing a city of the first class, a panel
o f not to exceed five such physicians shall be maintained.
[Subsection (2 ) is amended by chapter 462 by making sub
division (b ) read as fo llo w s :]
(b ) I f the accident causes partial disability, during the period Partial disabil
o f such partial disability such proportion o f the weekly in ity.
demnity rate for total disability as the actual wage loss o f the
injured employee bears to his average weekly wage at the time
o f his injury.
[A lso by striking from subsection (5 ), subdivision ( f ) , the age.Reductions for
w ords “ seven hundred and fifty dollars,” and substituting there
for the words “ his average annual earnings as defined in sec
tion 2394-10.”
Also by making subsection (5 ), subdivision (g ), read as fol
lows :]
(g )
In case o f permanent injury to an employee who is over
fifty-five years o f age, the compensation herein accruing for the
permanent disability shall be reduced by five per c e n t; in case he
is over sixty years o f age, by ten per cent; in case he is over
sixty-five years o f age, by fifteen per cent; in case he is over
seventy years o f age, by twenty per c e n t; and in case he is over
seventy-five years o f age, by twenty-five per cent.
[Subsection (8 ) is amended by chapter 451 by substituting (7 )
fo r (6) in the third line.
A new section is added, as fo llo w s : ]
S ec. 2394-9m (added by ch. 534, Acts o f 1921). An employee Rehabilitation.
who is entitled to and is receiving rehabilitation instruction pur
suant to section 41.215 shall, in addition to his other indemnity,
be paid a sum sufficient to maintain him during rehabilitation,
subject to the follow ing conditions and lim itations:
(a )
He must undertake the course o f instruction within sixty
days from the date when he has sufficiently recovered from his

32860°—23----- 13

139

190

w o r k m e n ’ s c o m p e n s a t io n l a w s oe t h e u n it e d

states.

injury to permit o f his so doing, or as soon thereafter as the
State board o f vocational education shall provide opportunity for
his rehabilitation.
(b ) He must continue in rehabilitation training w ith such
reasonable regularity as his health and situation w ill permit.
(c ) H e may not have maintenance in excess o f ten dollars per
week during training, nor for a maintenance period in excess of
twenty weeks in all.
(d ) The commission shall determine the rights and liabilities
o f the parties under this section in like manner and with like
effect as it does other issues under compensation.
[Section 2394-10, subsection (1 ), second paragraph, is amended
by chapter 462, so as to read as fo llo w s :]
Average annual
The average annual earnings for employees shall be taken at
earnings.
not less than five hundred and twenty-five dollars nor more than
one thousand three hundred dollars per annum. Between said
limits such average annual earnings shall be determined as fo l
low s:
[Subdivision (e ) is also amended so as to read as fo llo w s :]
M in o r ’ s
ea rn (e) I f an employee is a minor and is permanently disabled,
in&8his weekly earnings on which to compute the indemnity accruing
to him for permanent disability shall be determined on the basis
o f the earnings that such minor, if not disabled, probably w ould
earn after attaining the age o f twenty-one years.
[Section 2394^-11 is amended by chapter 451 by inserting in the
second proviso, after the word “ claim,” the words “ that within
c la im s .
the thirty-day period actual notice o f the injury was given to the
employer or to any officer or manager o f an employer or company
or to any other person designated by the employer for the pur
pose o f receiving reports o f injury, or if it is found ” ; also by add
ing the words, “ The name o f the employee or other representative
designated by the employer to receive reports o f injury shall be
posted by the employer in one or more conspicuous places about
the premises.”
Section 2894-12 is amended by the same act, making the present
section subsection (1 ), and adding a new subsection, as fo llo w s :]
A u to p s y .
( 2 ) The commission may refuse to receive testimony as to con
ditions determined from an autopsy if it appears (a ) that the
party offering the testimony is chargeable with the w illfu l mis
conduct by failure to make reasonable effort to notify at least
one party in adverse interest or the industrial commission in the
matter o f the autopsy, said notice to be given at least twelve
hours before said autopsy, (b ) that the autopsy was perform ed
by or at the direction o f the coroner for purposes other than those
authorized by chapter 200 o f the statutes. The commission may
in its discretion withhold findings until an autopsy is held in ac
cordance with its directions.
[Section 2394-16 is amended by the same act, by making the
present section, down to and including the words “ rebut the same
on final hearing,” subsection (1 ). New matter is inserted at this
point, as fo llo w s :]
investigation.
(2 ) I f the commission shall have reason to believe that the
liability o f any party for the payment o f the compensation pro
vided by sections 2394-3 to 2394r-31, inclusive, shall not have been
discharged, it may on its own motion give notice in w riting to the
parties, in the manner provided for the service o f an application,
o f a time and place when form al inquiry w ill be had for the pur
pose o f determining the facts. Such notice shall contain a con
cise statement o f the matter to be considered. Thereafter all
other provisions governing proceedings on application shall attach
in so fa r as the same may be applicable. The commission shall
make findings and award as provided in section 2394-17 and to
the same effect as it might have done in proceedings upon applica
tion o f a party.

TEXT OF LAWS— WISCONSIN

191

[The remainder o f the section, beginning with the words “ The
commission, or any member thereof,” is made subsection (3 ). A
new paragraph is added at the end, by chapter 551, as fo llo w s :]
In all proceedings upon claims for compensation against the A t t o r n e y .
State, the attorney general, personally or by an assistant, may
appear on behalf o f the State.
[ Section 2394-18m is amended by chapter 451, by adding thereto
the follow in g :]
Where such delay is chargeable to the employer and not to the Delay.
insurer, the provisions o f subsection (8) o f section 2394h-9 shall be
applicable and the relative liability o f the parties shall be fixed
and discharged as therein provided, and not otherwise.
[Section 2394-19 is amended by chapter 451, by repealing sub
section 2, beginning “ Any action,” and renumbering subsections
3 and 4, 2 and 3. A new paragraph is also added by chapter 551,
as fo llo w s :]
Whenever an award is made against the State the attorney R e v ie w .
general may bring an action for review thereof in the same
manner and upon the same grounds as are provided by subsection
1 hereof.
[Section 2394-21 is amended by ch. 551 by adding to sub
section 1 the w o rd s: “ The State shall be deemed a party ag
grieved, within the meaning o f this subsection, whenever a judg
ment is entered upon such a review confirming any order or award
against it.
Section 2394-22 is amended by the same act by adding thereto
the w o rd s: “ In actions brought by the State, the governor shall
appoint some competent attorney to appear on behalf o f said
commission.”
Section 2394^-24 is amended in subsection 1 by ch. 148, so as to
read as fo llo w s :]
(1) The whole claim for compensation for the injury or death P r e fe r e n c e .
o f any employee or any award or judgment thereon, and any
claim for unpaid compensation insurance premiums shall be enti
tled to the same preference in bankruptcy or insolvency proceed
ings as is given by any law o f this State or by the Federal bankrutcy act to claims fo r labor, but this section shall not impair
the lien o f any judgment entered upon any award.
[ Subsection 2 is amended by ch. 451, so as to read as fo llo w s : ]
(2 ) An employer liable under this act to pay compensation S e c u r i t y
shall insure payment o f such compensation in some company p a y m e n ts .
authorized to insure such liability in this State unless such em
ployer shall be exempted from such insurance by the industrial
commission. An employer desiring to be exempt from insuring
his liability for compensation shall make application to the indus
trial commission showing his financial ability to pay such com
pensation, and agreeing as a condition for the granting o f the
exemption to faithfully report all injuries under compensation
according to law and the requirements of the commission and to
comply with the provisions of sections 2394-3 to 2394-31, inclu
sive, and the rules o f the commission pertaining to the adminis
tration thereof, whereupon the commission by written order may
make such exemption. The commission may from time to time
require further statement o f financial ability o f such employer to
pay compensation and may upon ten days’ notice in writing, for
financial reasons or for failure o f the employer to faithfully dis
charge his obligations according to the agreements contained in
his application for exemption, revoke its order granting such ex
emption, in which case such employer shall immediately insure
his liability. As a condition for the granting o f an exemption
the commission shall have authority to require the employer to
furnish such security as it may consider sufficient to insure pay
ment of all claims under compensation. W here the security is in
the form o f a bond or other personal guaranty, the commission
may at any time either before or after the entry o f an award,
upon at least ten days’ notice and opportunity to be heard require

192

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 t h e u n it e d s t a t e s ,

the sureties to pay the amount o f the award, the same to be en
forced in like manner as the award itself may be enforced.
W here an employer procures an exemption as herein provided and
thereafter enters into any form o f agreement for insurance cover
age with an insurance company or interinsurer not licensed to
operate in this State, his conduct shall autom atically operate as a
revocation o f such exemption.
[A new subsection is added by the same act, as fo llo w s :]
F a ilu r e to in(4 ) I f it appears by the complaint or by the affidavit o f any
re*
person in behalf o f the State that the employer’s liability con
tinues uninsured there shall forthw ith be served on the em
ployer an order to show cause why he should not be restrained
from employing any person in his business pending the pro
ceedings or until he shall have satisfied the court in which the
matter is pending that he has complied w ith the provisions o f
subsection 2 o f this section. Such order to show cause shall be
returnable before the court or the judge thereof at a time to
be fixed in the order not less than twenty-four hours nor more
than three days after its issuance. In so far as the same may
be applicable and not herein otherwise provided, the provisions
o f chapter 126 relative to injunctions shall govern these pro
ceedings. I f the employer denies under oath that he is subject
to the provisions o f sections 2394-3 to 2394-31, inclusive, and
furnishes bond with such sureties as the court may require to
protect all his employees injured after the commencement o f
the action fo r such compensation claims as they may establish,
then an injunction shall not issue. Every judgment or forfeiture
against an employer, under subsection 3 o f this section, shall
perpetually enjoin him from employing any person in his busi
ness at any time when he is not complying with subsection 2 o f
this section.
[Section 2394-26 is amended by the same act by striking out
the w ords “ in whole or in part ” in the two places in which it
occurs.
Section 2394-27 is amended by the same act by inserting after
the first sentence in subsection 1 the w o rd s:]
C o n tra ct
conSuch contract shall be construed to grant fu ll coverage o f all
liability o f the assured under and according to the provisions o f
sections 2394-3 to 2394-31, inclusive, notwithstanding any agree
ment o f the parties to the contrary unless the industrial commis
sion has theretofore by written order specifically consented to the
issuance o f a contract o f insurance on a part o f such liability.

WYOMING.
[The compensation law o f this State is amended by a number
o f acts o f the legislature of 1921. Section 4 is amended by chapter
138, by adding after the words “ bridge building,” the words
“ the occupations o f city or town firemen and city or town
policemen.”
Section 6 is amended by the same act in paragraph (h ), by
inserting the w ord “ municipality ” after the w ord “ any ” in the
first lin e; also in paragraph ( j ) by inserting the word “ actually,”
between the words “ part ” and “ dependent ” in the second line, Dependents,
and by striking out the words, “ and shall include widow or hus
band, as the case may be, and children, or if no widow, hus
band, or children the parents o f the injured workman, if actually
dependent upon him for support at the time of the injury.”
Section 10 is amended by the same act, by adding thereto the
follow in g : ]
The State treasurer shall also prepare and cause to be printed,
In s t r u c tio n s ,
for the inform ation o f employees and workmen, such helpful
instructions as will assist injured workmen in correctly making
claims for compensation.
[Section 15 is amended by chapter 65 by substituting “ February
20, 1919 ” for the words “ the date on which this act shall take
effect,” near the middle o f the section ; also by inserting after the
words “ United States Government bonds ” the words “ State,
county, school district or municipal bon d s;” also by striking out
from the follow ing sentence all after the words “ industrial ac
cident fu n d ;” also by striking out the sentence beginning “ There
is also appropriated.”
Section 19 is amended in subsections (b ), ( c ), and (d ) by ch.
138, Acts of 1921. They now read as fo llo w s ; ]
(b ) “ Permanent total disa b ility ” means the loss o f both legs P e r m a n e n t t o or both arms, total loss o f eyesight, paralysis or other condition tal disabilitypermanently incapacitating the workman from perform ing any
work at any gainful occupation. W here there has been a previous
disability, as the loss o f one eye or the sight thereof, one hand,
one foot, or any other previous permanent disability, the per
centage o f disability for a subsequent injury shall be determined
by deducting therefrom the percentage o f the previous disability,
as it existed at the time o f the subsequent injury, the workman
shall receive a lump sum o f four thousand dollars ($4,000). I f
the workman have a child or children under sixteen (16) years
of age, the guardian o f such child or children, appointed as here
inafter provided, shall receive for the use and benefit o f said child
or children, a lump sum o f one hundred and twenty dollars ($120)
per year for each child under sixteen (16) years o f age until
the time when each o f said children shall become sixteen (16)
years o f a g e : P r o v i d e d , That the aggregate lump sum paid to said
guardian shall in no case exceed four thousand dollars ($4,000),
and any and all awards made on account of any such child or
children, shall be disbursed under a proper guardianship to be
created by the court or judge making such award.
(c ) “ Temporary total d isab ility” means an injury which though .
to’
it may result, or does result in a permanent total or partial d is -ta lsa 11 y*
ability, temporarily incapacitates the injured person from per
form ing any work at any gainful occupation for the time, but
from which injury such person may recover by medical or sur
gical treatment and be able to resume work. In such case, if the
workman be unmarried at the time of the injury he shall receive

193

194

WORKMEN*S COMPENSATION LAWS OP THE UNITED STATES,

the sum o f fifty dollars ($50) per month, so long as the total
disability shall continue. I f he have a w ife with whom he is liv
ing at the time o f the injury, he shall receive sixty dollars ($60)
per month, and if he have children under sixteen (16) years o f
age, he shall receive seven and one-half dollars ($7.50) per
month for each child under sixteen (16) years o f age, but the
total monthly payment shall not exceed ninety dollars ($90) per
month. No compensation except the expense o f medical attention
shall be allowed for the first seven (7) days o f disability, unless
the incapacity extends beyond the period o f twenty-one (21) days,
in which case the compensation shall run from the time o f the
injury. As soon as recovery is so complete that the earning
power o f the workman at any kind o f work is restored, the
payments shall cease, but in no case shall the total payments
made in such cases exceed in the aggregate the lump sum amount
herein specified to be paid an injured workman for injuries caus
ing permanent total disability.
M e d ic a l aid.
(d ) In all cases o f total disability and permanent partial dis
ability, the expense o f medical attention and o f care in hospital
o f the injured workman shall be paid from date o f said injury,
not to exceed, however, two hundred dollars ($200) in any case,
unless under, general arrangement the workman is entitled to
medical attention and care in hospital. W here death results from
an injury, the expense o f burial shall be paid not to exceed one
B u r ia l.
hundred dollars ($100) in any case, unless other arrangements
exist between employer and employee under agreement.
(1) But if the workman leaves a widow or invalid widower,
B en efits tosurv iv o r s .
such surviving spouse shall receive a lump sum payment o f two
thousand dollars ($2,000) : P r o v i d e d , That if it be shown that
the surviving spouse w illfully deserted deceased without fault
upon the part o f the deceased, such surviving spouse shall not be
regarded as a dependent in any degree, but in such case the right
o f children under sixteen (16) years o f age to compensation shall
not be defeated. I f said workman leaves a surviving child or
children under sixteen (16) years o f age, the guardian o f such
child or children, appointed as hereinafter provided, shall receive
fo r the use and benefit o f said child or children, a lump sum o f
one hundred and twenty dollars ($120) per year for each surviving
child under sixteen (16) years o f age until the time when each
o f said surviving child[ren] shall become sixteen (16) years o f
age: P r o v i d e d , That the aggregate lump sum paid to said guar
dian shall in no case exceed three thousand six hundred dollars
($3,600). In all death cases where an order o f compensation is
made on account o f children under sixteen (16) years o f age, or
to persons incompetent, said funds shall be disbursed under a
proper guardianship to be created by the court or judge making
such an order.
d u r in g
(2 ) I f the injured workman die during a period o f tem porary
D e a th
d i s a b i li t y .
total disability and after receiving compensation therefor, as
herein provided, and his death be shown to have resulted from
such injuries, the total amount o f payments in excess o f two
thousand four hundred dollars ($2,400) received by him during
such disability and prior to his death shall be proportionately
deducted from the lump amounts herein provided to be paid to
the surviving widow and the guardian o f the workm an’s children
under sixteen (16) years o f age.
(3 )
I f the workman leaves no widow, or w idow er or child
P a re n ts .
under the age o f sixteen (16) years, but leaves a parent or parents
surviving, such surviving parent or parents shall receive a lump
sum which shall be computed at the rate o f fifty per cent (5 0 % )
o f the average monthly support received by such parent or parents
from the workman during the three years next preceding the
occurrence o f the injury, calculated as near as may be over the
probable period such support would have continued, but in no
case exceeding the sum o f one thousand dollars ($1,000).
[Section 25 is amended by the same act by making the lim ita
tion on fees r e a d : “ any sum or sums aggregating more than five

TEXT OF LAWS— W YOMING.

195

per centum o f the whole amount received or to be received by such
beneficiary or beneficiaries on account o f injuries to any employee,
and in no event to exceed fifty dollars ($ 5 0 )” ; also by adding the
follow in g :]
“ It shall be the duty o f the county and prosecuting attorney L e g a l a d v ic e ,
o f the county in which any injury occurs to give all necessary legal
advice to any injured workman or his dependents, who may seek
advice in making and filing claims for compensation, and to pre
pare all statements o f claim or other papers necessary or ad
visable to be filed by such workman or dependents, free o f all
charges and costs.”
[A new section 32 is added as fo llo w s :]
Sec. 32 (added by ch. 6 8 , Acts o f 1921). Any balance standing A d ju s t m e n t of
to the credit o f any employer in the industrial accident fund fo r b a la n c e s ,
three years after said employer shall have ceased to engage in
W yom ing in the occupation on account o f which his said contribu
tions have been made shall be debited from his account to the
profit and loss account o f said fund, and said employer’s account
shall be thereupon finally closed, and thereafter the said balance
shall permanently remain a part o f the industrial accident fund.
[Old section 32 becomes section 33, and is amended so as to
read as fo llo w s :]
S e c . 33 (as amended by ch. 76, Acts o f 1921).
All payments P a y m e n t s t o
made into the accident fund by any and every employer under the fund*
provisions o f this act shall be taken as paid and received in con
sideration o f the indemnity to such employer by reason o f his con
tributing to the industrial accident fund, and in consideration o f
the payments made by the State to such fu n d : P r o v i d e d , That
when any employer engaged in an extrahazardous occupation as
defined in this chapter, has heretofore sold and conveyed, or shall
hereafter sell and convey his or its property to a purchaser who
continues to conduct and carry on said business at the same place,
the seller shall be entitled to transfer and assign to the purchaser
all rights, benefits, privileges, and immunities accruing to such
employer by virture o f any sum then on deposit to his or its
credit in the industrial accident fund in the State treasury under
the provisions o f said a c t ; and upon filing such assignment with
the State treasurer, the purchaser shall succeed to all said rights,
benefits, privileges, and immunities o f said employer. Said pur
chaser shall be sjibject to obligations o f compensation against the
seller incurred and existing at the date o f such assignment: P r o
v i d e d , That no part o f any moneys so paid in by any employer
shall ever be refunded to him, either during the time when he
continues in business as such employer, or after he ceases such
business: P r o v i d e d , That every employer, operating under the
provisions o f said act shall pay into said “ workmen’s compensa
tion fund,” the sum o f at least $5,000: A n d p r o v i d e d f u r t h e r , I f
this chapter shall be hereafter repealed or held invalid, the moneys
which are in the industrial fund at the time o f disposition as may
be provided by the legislature [sic], and in default o f such legisla
tive provision, distribution thereof shall be in accordance w ith the
justice o f the matter, due regard being had to obligations o f com
pensation incurred and existing.

UNITED STATES.
[The United States employees compensation act was amended
by act o f June 13, 1922 (Public No. 241), by adding to section 20
the fo llow in g :]
Time for claims,
j f the disability or death was the result o f an injury sustained
during the period o f the Great W ar, and arising out o f conditions
due to the war, the commission may for any reasonable cause
shown allow original claims o f civilian employees o f the Expedi
tionary Forces o f the United States serving outside o f the terri
tory o f the United States to be made at any time within one year
after the passage of this act.
[The judicial code was amended by the 67th Congress fo r the
purpose o f giving State compensation laws jurisdiction over cer
tain occupations classed as maritime. The portions affected are
given below.]
P u b l ic N o . 239. — C o m p e n s a t i o n

fo r

s te v e d o r e s ,

lo n g s h o r e m e n ,

e tc

J u d ic ia l C ode— S e c t io n 24. The district courts shall have orig
inal jurisdiction as follow s:
*

A d m ir a lt y , e t c .

S a m e.

Third. O f all civil causes o f admiralty and maritime ju ris
diction, saving to suitors in all cases the right of a common-law
remedy where the common law is competent to give it, and to
claimants for compensation for injuries to or death o f persons
other than the master or members o f the crew o f a vessel their
rights and remedies under the workmen’s compensation law of
any State, District, Territory, or possession o f the United States,
which rights and remedies when conferred by such law shall be
exclu sive; o f all seizures on land or waters not within admiralty
and maritime ju risd iction ; o f all prizes brought into the United
S tates; and o f all proceedings for the condemnation o f property
taken as prize: P r o v i d e d , That the jurisdiction o f the district
courts shall not extend to causes arising out o f injuries to or
death o f persons other than the master or members o f the crew,
for which compensation is provided by the workm en’s compensa
tion law of any State, District, Territory, or possession o f the
United States.
S e c . 256. The jurisdiction vested in the courts o f the United
States in the cases and proceedings hereinafter mentioned, shall
be exclusive o f the courts o f the several States:
*

Third. Of all civil causes o f admiralty and maritime ju ris
diction, saving to suitors in all cases the right o f a common-law
remedy where the common law is competent to give it and to
claimants for compensation for injuries to or death o f persons
other than the master or members o f the crew o f a vessel, their
rights and remedies under the workmen’s compensation law o f
any State, District, Territory, or possession o f the United States.

196

PART II.—CANADA.
ALBERTA.
[The compensation act o f this Province was amended in 1920
and 1921.
Section 4 is amended by ch. 38, Acts o f 1921, by providing that
another commissioner may be designated as vice chairman.
Section 16 is amended so as to read as fo llo w s :]
Classifications.
Sec. 16. (as amended by chs. 39, Acts o f 1920 and 38, Acts of
1921). The board may add to, withdraw, or rearrange any in
dustries which are or may be included in the schedules hereto.
(2 ) In the case o f any industry not within the scope o f this E le c t io n .
act, upon the application of the workmen engaged therein, or a
m ajority thereof, or o f the employer, the board may bring the in
dustry or workmen within the scope o f this act, and upon so
doing the industry or workmen shall be deemed to be within the
scope o f this a ct: P r o v i d e d , h o w e v e r , That this subsection shall
not apply to employers in so far as any employees are concerned
excluded from the provisions o f this act by section 69.
(3) Such application shall be for a period o f not less than
twelve m onths; at the expiration o f the said period for which the
application wqs made, the said employer, or a m ajority o f his
employees may on notice to the board withdraw from the scope
o f the a c t : P r o v i d e d a l w a y s , That in default o f such notice being
given, the said employer and employees shall be within the
scope o f the act until they withdraw by notice to the board in
writing.
(4 ) The board may require an employer to include in his eraRgee.q u ir e d c o v
pay roll the wages o f all workmen employed by him in any in
dustry which if carried on seperately would be an industry
within the meaning o f this act, and upon the board so requiring
such workmen shall be deemed to be within the scope o f this act.
[Section 20 is amended by ch. 39, Acts o f 1920, by striking out
o f subsection (1 ) the words, “ and at least q u arterly ” ; also by
making the last clause thereof read “ but in no event shall the
assessment be less than $2.50.”
Subsection (2 ) is stricken out, and the subsequent subsec
tions renumbered accordingly.
New subsection (2) is amended by striking out the words “ $165
in any calendar month,” and substituting therefor the words “ at
the rate o f $2,000 per annum.”
Section 25 is amended so as to read as follo w s :]
C o lle c t io n
of
S e c . 25 (as amended by ch. 39, Acts o f 1920). Any amount due
the board upon any assessment, or any amount which an em p re m iu m s .
ployer is required to pay to the board under any o f the provisions
o f this act or under any rules or regulations made thereunder,
shall be collectible by action as a debt due by the employer to
the board, but this section shall not be deemed to take away the
right o f the board to prosecute any person making default in the
payment o f any such amount for a violation o f any o f the pro
visions o f this act or o f any rules or regulations made there
under.
[Section 27 is amended by ch. 39, Acts o f 1920, by requiring
reports “ before the twentieth day o f January in each year and at
such other times as may be required by the board,” instead o f
monthly, and for “ the calendar year then last past ” ; also by in
serting between the words “ may ” and “ base ” in the third line

197

198

w o r k m e n ’s

COMPENSATION LAWS OP CANADA.

o f subsection (2 ) the w ords “ in addition to any other remedy
provided in this act.”
Section 29 is amended so as to read as fo llo w s :]
Sec. 29 (a s amended by ch. 39, Acts o f 1920). The board shall
have power—
inspections,
( a ) To investigate from time to time employments and places
etc‘
o f employment within the Province and determine what suit
able safety devices or other reasonable means or requirements
fo r the prevention o f accidents shall be adopted or follow ed in
any or all employments or places o f em ploym ent;
(b ) To determine the requirements fo r the proper sanita
tion o f the employers’ prem ises;
(c ) To determine what suitable devices or other reasonable
means or requirements fo r the prevention o f diseases shall be
adopted or follow ed in any or all employments or places o f
em ploym ent;
(d ) To make regulations, whether o f general or special applica
tion, and which may apply to both employers and workmen, for
the prevention o f accidents, and the prevention o f diseases and
provision fo r proper sanitation in employments or places o f em
ployment.
(2 ) The board or any member o f it or any officer or person
authorized by it for that purpose shall have the right at any time
to enter into the establishment o f any employer who is liable to
contribute to the accident fund, and the premises connected with
it, and every part o f them, for the purpose o f ascertaining
whether the ways, works, machinery, or appliances therein are
safe, adequate, and sufficient, and whether all proper precautions
are taken for the prevention o f accidents as to the workmen
employed in or about the establishment or premises, and whether
the safety appliances or safeguards prescribed by law are used
and employed therein, and whether the sanitary and health con
ditions are proper, or fo r any other purpose which the board may
deem necessary for the purpose o f determining the proportion in
which such employer should contribute to the accident fund.
(3 ) W here in any employment or place o f employment safety
devices are, in the opinion o f the board, necessary for the pre
vention o f accidents or o f diseases, the board may order the in
stallation or adoption o f such appliances or devices and may fix
a reasonable time within which they shall be installed or adopted,
and the board shall give notice thereof to the employer.
(4 ) In any case where safety devices or appliances are, by order
o f the board, required to be installed or adopted or are prescribed
by the regulations and the employer fails, neglects, or refuses to
install and adopt such safety devices or appliances in any em
ployment or place o f employment in accordance with the terms o f
the regulations and to the satisfaction o f the board, or where
under the circumstances the board is o f the opinion that condi
tions o f immediate danger exist in any employment or place o f
employment which would be likely to result in injury to any
person, the board may, in its discretion, order the employer to
forthw ith close down the whole or any part o f such employment
or place o f employment and the industry carried on therein, and
the board shall n otify the employer o f such ord er: P r o v i d e d
a l w a y s , That nothing herein contained shall take away or abridge
any o f the powers and duties o f the provincial board o f health
or local boards o f health as constituted under the public health
a c t: P r o v i d e d f u r t h e r , That the workmen’s compensation board,
or any member o f it, or any officer appointed by it, may forthw ith
report to the provincial board o f health any breach o f the public
health act or regulations o f the provincial board o f health passed
thereunder.
[Section 30 is amended by ch. 39, Acts o f 1920, by making sub
section (2 ) thereof read as fo llo w s :]
P r e m iu m s p r e (2 ) Notwithstanding anything contained in any other act or
fe r r e d .
ordinance, any amount due to the board upon any assessment
made under this act or which the employer is required to pay to

TEXT OF LAWS— ALBERTA,

199

the board under any o f the provisions hereof, or upon any judg
ment therefor, shall have priority as respects the property o f the
employer within this province, over all the debts, liens, charges,
mortgages or other encumbrances whatsoever, whenever created
or to be created, excepting wages due to employees by their em
ployer or employers.
[Section 33 is amended by the same act by making subsection
(2 ) thereof read as fo llo w s :]
(2 )
W here in the opinion o f the board sufficient precautions
Added P r e m iare not taken fo r the prevention o f accidents to workmen in th e um8’
employment o f any employer, or where the sanitary and health
conditions are not proper, the board may add to the amount o f
any contribution to the accident fund for which such employer
is liable, such a percentage thereof as the board may deem just
and may assess and levy same upon such employer.
[Section 48 is amended so as to read as fo llo w s :]
Sec. 48 (as amended by chs. 39, Acts o f 1920, and 38, Acts o f Compensation
1921). W here death results from injury, the amount o f com pen-for death*
sation shall be—
(a ) The necessary expenses o f burial o f the workman, not ex
ceeding one hundred d olla rs;
(b ) W here the w idow or invalid husband is the sole dependent
a monthly payment o f thirty-five dollars;
(c ) W here the dependents are a w idow or invalid husband and
one or more children, a monthly payment o f thirty-five dollars
with an additional monthly payment o f seven dollars and fifty
cents for each child under the age o f sixteen years, not exceed
ing in the whole sixty-five dolla rs;
(d ) W here the only dependents are children a monthly pay
ment o f twelve dollars and fifty cents to each child under the age
o f sixteen years, not exceeding in the whole fifty dollars;
(e ) W here the only dependents are persons other than those
mentioned in the foregoing clauses a sum reasonable and pro
portionate to the pecuniary loss to such dependents occasioned
by the death to be determined by the board but not exceeding
thirty dollars per month to a parent or parents, and not exceed
ing in the whole sixty-five dollars per month.
(2 ) W here the workman leaves no widow, or the widow subse
quently dies and it seems desirable to continue the existing house
hold, and an aunt, sister, or other suitable person acts as fostermother in keeping up such household and maintaining and taking
care o f the children entitled to compensation, in a manner which
the board deems satisfactory, such foster-m other while so doing
shall be entitled to receive the same monthly payments o f compen
sation for herself and the children as if she were a widow o f the
deceased, and in such case the children’s part o f such payments
shall be in lieu o f the monthly payments which they would other
wise have been entitled to receive.
(3 ) In the case provided for by clause (e ) o f subsection 1 the
Duration of
payments shall continue only so long as in the opinion o f the payments,
board it might reasonably have been expected had the workman
lived he would have continued to contribute to the support o f
the dependents.
(a )
Compensation shall be payable to an invalid child without
regard to the age o f such child, and payments to such child shall
continue so long as in the opinion o f the board it might reason
ably have been expected had the workman lived he would have
continued to contribute to the support o f such child.
(4 ) W here there are both total and partial dependents the T o t a l a n d p a r compensation may be allotted partly to the total and partly to tial d e Pen d en tsthe partial dependents.
(5 ) W here the board is o f the opinion that for any reason
P a y m e n ts f o r
it is necessary or desirable that a payment in respect o f a child b e n e fit of c h iishould not be made directly to its parent, the board may direct dren*
that the payment be made to such persons or be applied in such
manner as it may deem most fo r the advantage o f the child.

200

w o r k m e n 's

COMPENSATION LAW S OF CANADA.

Readjustment
( 6 ) W here a payment to any one o f a number o f dependents
of payments.
ceases the board may in its discretion readjust the payments to

the remaining dependents so that the remaining dependents shall
thereafter be entitled to receive the same compensation as though
they had been the only dependents at the time o f the death o f
the workman.
P rior acci( 7 ) Wherever, since the coming into force o f this act, the
dents.
amount payable under this section or under section 51 hereof, as
compensation to a workman or his dependents in case o f an acci
dent, has been increased, any workman or his dependents w ho are
in receipt o f compensation in respect o f an accident w hich oc
curred prior to such change shall be entitled from the time o f
such change to compensation in the same manner as i f such acci
dent had occurred subsequent to such increase having been made.
Remarriage.
[Section 49 is amended by ch. 39, Acts o f 1920, by striking out
the w ords “ equal to the monthly payments fo r tw o years,” and
substituting therefor “ o f $480.”
Section 51 is amended by ch. 38, Acts o f 1921, in subsection
Permanent; to- ( i ) thereof, so that it now reads as fo llo w s :]
tai disability.
Sec. 5 1 W here permanent total disability results from the in
ju ry, the amount o f the compensation shall be a weekly payment
during the life o f the workman equal to fifty-five per cent o f his
average weekly earnings during the previous twelve months, if he
has been so long employed, but i f not, then fo r any less period
during which he lias been in the employment o f his employer.
[Sections 52 and 53 are amended so as to read as fo llo w s :]
Permanent parSec. 52 (as amended by ch. 38, Acts o f 1921). W here permatiai disability, nent partial disability results from the injury, the compensa
tion shall be a weekly payment o f fifty-five per cent o f the
difference between the average weekly earnings o f the workman
before the accident and the average amount which he is earning
or is able to earn in some suitable employment or business after
the accident, and the compensation shall be payable during the
lifetim e o f the workman.
(2 ) W here the impairment o f the earning capacity o f the
workman does not exceed ten per cent o f his earning capacity
instead o f such weekly payment, the board shall, unless in its
opinion it would not be to the advantage o f the workman to do so,
direct that such lump sum as may be deemed to be the equivalent
o f it shall be paid to the workman.
(3 ) W here deemed just, the impairment o f the earning capacity
may be estimated from the nature o f the injury, having always in
view the workm an’s fitness to continue the employment in which
he was injured, or to adapt him self to some other suitable occupa
tion.
Temporary toSec. 53 (a s amended by ch. 38, A cts o f 1921). W here tempotal disability.
rary total disability results from the injury, the compensation shall
be the same as prescribed by section 51, but shall be payable only
so long as the disability lasts.
[Section 54 is amended by ch. 38, Acts o f 1921, by making the
main clause o f subsection (2 ) read as fo llo w s :]
Earnings.
(2 ) F or the purposes o f the sections o f this act relating to
“ earn in gs” and “ average weekly earn ings” o f a workm an the
follow in g rules shall be observed:
[Also by inserting in paragraph ( a ) , after the w ord “ remuner
a t e d ” , the words, “ but not so as in any case to exceed tw o
thousand dollars per annum.”
A new section is added as fo llo w s :]
Minimum rate.
Sec. 54a (added by ch. 38, Acts o f 1921). The amount o f com
pensation to w hich an injured person shall be entitled fo r tem
porary total or permanent total disability under the provisions
o f this act shall not be less than ten dollars per week, or where
his average earnings are less than ten dollars per week the
amount o f such earnings.

TE X T OF LAW S— ALBERTA.

201

[Section 57 is amended so as to read as fo llo w s :]
57 (as amended by ch. 39, Acts o f 1920). For the purpose Basis.
o f ascertaining the amount o f compensation due, such amount
may be computed on a daily basis.
[Section 58 is amended by the addition o f subsections (4 ) and
(5 ) by ch. 39, Acts o f 1920, and o f subsection (6 ) by ch. 38, Acts
o f 1921. The new subsections are as fo llo w s :]
(4 ) In the event o f the employer failing to retain out o f the
Em ployer liar
moneys earned by the workman or workmen the amount he i s ble*
empowered to retain under the provisions o f subsections 2 and 3
hereof, the said employer shall be liable to personally pay the
board the amount which he should have retained, and the board
shall have the like powers and be entitled to the like remedies
fo r enforcing payment o f such sum as it possesses or is entitled
to in respect o f an assessment.
(5 ) Employers in any industries shall when required by the First aid.
board install and maintain such first-aid appliances and service
as the board may direct.
(6 ) A ll questions as to the necessity, character, and sufficiency Power of board.
o f any medical aid furnished or to be furnished shall be deter
mined by the b o a rd ; the fees or charges thereof shall be fixed and
determined by the board, and no action shall lie in respect o f any
medical aid provided.
[Section 61 is amended by ch. 39, Acts o f 1920, by adding to
subsection (2 ) the w ords “ and shall a| the same time transmit
a statement o f the total amount o f wages earned by all his
workmen fo r the portion o f the then current year during which
he has continued in business.”
Section 62 is amended by the same chapter by striking out all Notice of «edo f subsection (1 ) after the w ords “ twenty-four hours o f ” and dents*
substituting therefor the w ords “ such accident ” ; also by striking
out o f subsection (2 ) the w ords “ on a form prescribed by the
board ” ; also by adding a new subsection, as fo llo w s :]
(3 )
A ll books, returns, notices, reports, forms, or other docu- Form s,
ments or papers, and copies thereof required to be kept, posted,
or forw arded in accordance with the provisions o f this act or
regulations made thereunder, shall be in a form approved o f by
the board.
[Section 63 is amended by the same act by inserting after the
word “ regu lation s” the w ords “ or o rd e rs” ; also by adding a
new subsection, as fo llo w s :]
(2) Any person being convicted fo r violating any o f the pro- Violations,
visions o f this act or any regulations made thereunder, and failin g
after such conviction to comply with the provisions o f the act or
the regulations made thereunder fo r the breach o f which he was
convicted, shall be guilty o f an additional offense, and on summary
conviction shall be liable to a penalty o f $25 a day for each day
such failure or default continues, and in default o f payment to
imprisonment fo r a period not exceeding three months.
[Section 69 is amended by ch. 39, Acts o f 1920, by striking out
paragraph (a ) and relettering the subsequent paragraphs ac
cordingly. To form er paragraph (b ), now (a ) , are added the
w ords “ saving and excepting those which may be brought w ithin
the scope o f the act by section 16 as amended by this act.” A
new paragraph (e ) is also added, to read, “ (e) Persons employed
in the industry o f farm ing or ranching.”
Schedule 2 is amended by inserting after the w ord “ ice ” where
it occurs the w ords “ employment by the Crown in the right o f
the Province in any capacity whatsoever.” ]
Sec.

BRITISH COLUMBIA.
[The compensation law o f this Province was amended by ch.
105, Acts o f 1920.
Benefits.
Section 15 was amended in subsection (2 ), paragraph (a ), by
changing twenty to thirty-five, as the monthly payment to widow s
and invalid widowers.
The same change is made in paragraph (b ). The child’s al
lowance is made $7.50 instead o f $5, and the total $65 instead o f
$40.
In paragraph (c ) the separate allowances are made $12.50 in
stead of $10, and the maximum total $50 instead o f $40.
In paragraph (d ) $30 is substituted for $20 and $45 for $30,
where they occur.
In paragraph (e) $30 ft substituted for $20, and $65 for $40
where they occur.
In subsection (8 ), paragraph (b ) the maximum is fixed at $50
instead o f $35, and the amount for each child is fixed at $10
instead o f $7.50.
Paragraph (c ) is amended and a new paragraph (d ) and a
new subsection (9) are added, as fo llo w s :]
U s e ol bai(c ) I f there be any balance of such accumulation, the same
ances of reserves, g^all be applied in payment o f increased monthly payments to
other dependents residing in C anada: P r o v i d e d , That the in
crease in monthly payments paid under this clause shall in no
case exceed fifty per centum o f the amount o f the monthly pay
ment previously aw arded; and
(d )
I f after the making o f the payments provided in clause
(c ) any balance remains o f such accumulation, the same shall
be carried forw ard and applied as part o f the undisturbed accu
mulation available for distribution during the next distribution
period o f six months.
A d d e d pay(9) Where, after any payment made pursuant to clause (a )
ments to chil- 0f subsection (8 ), there remain any children dependents,' residren*
ing in Canada, who by reason o f the maximum monthly limits
o f sixty-five dollars and fifty dollars fixed by subsection (2)
have not received the full amount o f compensation to which they
would otherwise be entitled, such additional amounts shall be
paid from the accident fund as are necessary to secure to such
children dependents respectively the full monthly payments o f
compensation which, except for such maximum monthly limits,
would be payable to them under subsection (2 ).
[Section 16 is amended by adding the words, “ but not to exceed
in any case the sum o f four hundred and eighty dollars.” ]
202

MANITOBA,
[A new compensation law, superseding the act o f 1916, was
enacted in 1920. It is reproduced in fu ll:]
ACTS OF 1920.
C

h apter

159. —

C o m p e n s a tio n

o f

w o r k m e n

fo r

in ju r ie s .

S e c t i o n 1. This act may be cited as the workmen’s compensa
tion act.
S e c . 2. (1 ) In this act, unless the context otherwise requires, the
expression :
(a ) “ A ccid en t” means a fortuitous event occasioned by a
physical or natural cause and includes a w illful and intentional
act not being the act o f the injured w orkm an;
(b ) “ Accident fund ” means the fund provided for the pay
ment o f compensation, outlays, and expenses under Part I o f
this act;
(c ) “ B o a r d ” means the workmen’s compensation board as
created by this a c t ;
(d ) “ C onstruction” includes reconstruction, repair, alteration,
and dem olition;
(e ) “ D ependents” means such o f the members o f the fam ily
o f a workman as were wholly or partly dependent upon his
earnings at the time o f his death or who, but for the incapacity
due to the accident, would have been so dependent.
( f ) “ E m ployer” includes every person having in his service
under a contract for hiring or apprenticeship, written or oral,
expressed or implied, any person engaged in any work in or about
an industry, including the Crown in the right o f the Province, as
well as municipal corporations, boards, and commissions, having
the management and conduct of any work or service owned by
or operated for a municipal corporation or by or for the Prov
ince o f Manitoba and where the services o f a workman are
temporarily let or hired to another person by the person with
whom the workman has entered into such contract, the latter
shall be deemed to continue to be the employer o f the workman
whilst he is working for that other person ;
(g ) “ Em ploym ent” shall include employment in an industry
or any part, branch, or department o f an in du stry;
(h ) “ Industrial disease ” means any o f the diseases mentioned
in the schedule 2 o f this act and any other disease which by
regulations is declared to be an industrial disease;
(i) “ Industry ” includes establishment, undertaking, trade, and
business;
( j) “ In v a lid ” means physically ©r mentally incapable ©f
earn ing;
(k ) “ M anufacturing” includes altering, making, preparing,
ornamenting, printing, finishing, packing, assembling the parts o f
and adapting fo r use or sale any article or com m odity;
(l) “ Medical re fe re e ” means a medical referee appointed by
the board;
(m ) “ Member o f the fa m ily ” means and includes wife, hus
band, parent, grandparent, step-parent, child, grandchild, step
child, brother, sister, half brother, and h alf sister and a person
who stood in loco parentis to the workman or to whom the w ork
man stood in loco parentis, whether related to him by con
sanguinity or not so related, and, where the workman is the

Short title.

Definitions.

203

204

w o r k m e n 's

c o m p e n s a t io n

law s

Of Ca n a d a .

parent or grandparent o f an illegitim ate child, Includes such chil<i
and, where the workman is an illegitimate child, includes his
parents and grandparents;
(n ) “ O utw orker” means a person to whom articles or mate
rials are given out to be made up, cleaned, washed, altered, orna
mented, finished, repaired, or adapted fo r sale in his own home
or on other premises not under the control or management o f
the person who gave out the articles or m aterials;
(o ) “ Person ” includes females as well as males and any body
corporate or politic;
(p ) “ P h ysician ” means and includes any person registered
under the medical act and law fully and regularly engaged in the
practice o f his profession in M anitoba;
(q ) “ R egu lations” means rules and regulations made by the
board under the authority o f this a c t ;
(r ) “ W ork m an ” includes a person, whether under the age o f
twenty-one years or not, who has entered into or works under a
contract o f service or apprenticeship, written or oral, expressed
or implied, whether by w ay o f manual labor or otherwise, but
when used in Part I shall not include an outworker or a person
engaged in purely clerical work and not exposed to the hazards
incident to the nature o f the work carried on in the employment.
(2 ) The exercise and perform ance o f the powers and duties o f :
(a ) A municipal corporation;
(b ) The Greater W innipeg water district;
(c ) Any commission or board having the management and con
duct o f any work or service owned or operated by a m unicipal
corporation or by or for the Province o f M anitoba;
(d ) A school board;
shall for the purposes o f this act be deemed the trade or busi
ness o f the corporation, commission, board, or school board, but
the obligation to pay compensation under this act shall apply only
to such part o f the trade or business as, if it were carried on
by a company or an individual, would be an industry for the time
being included within this act and to workmen employed in or in
connection therewith.
P
C o m p e n s a t io n .

a r t

Section 3 ( as amended by ch. 83, Acts o f 1921). (1 ) W here in any
industry within the scope o f this part personal injury by accident
arising out o f and in the course o f the employment is caused to a
workman, compensation as provided by this part shall be paid
by the board out o f the accident fund, subject to the follow ing
subsections.
W a i t in g t im e .
(2 ) I f the injury does not disable the workman longer than
three days from earning fu ll wages at the work at which he was
employed, no compensation other than medical aid shall be pay
able under this part. I f the injury disables the workman longer
than three days, no compensation other than medical aid shall be
payable for the first three days o f disability.
M is c o n d u c t .
(3) W here the injury is attributable solely to the serious and
w illful misconduct o f the workman, no compensation shall be pay
able unless the injury results in death or serious and permanent
disability.
P r e s u m p t io n s .
(4 ) W here the accident arose out o f the employment, unless
the contrary is shown, it shall be presumed that it occurred in
the course o f the em ploym ent; and where the accident occurred in
the course o f the employment, unless the contrary is shown, it
shall be presumed that it arose out o f the employment.
C a su a l e m p lo y
(5 ) This section shall not apply to a person whose employment
m en t.
is o f a casual nature and who is employed otherwise than for the
purposes o f the employer’s trade or business.
W ork
o u t s id e
(6 ) No compensation shall be payable under this part where
o f P r o v in c e .
the accident to the workman happened elsewhere than in Mani
toba, except in a case where the accident happens to an employee
engaged in connection with the operation o f a steamboat, ship,

TEXT OF LAWS----MANITOBA,

205

or vessel, or a railw ay and the workman is a resident o f Mani
toba, and the nature o f the employment is such that, in the course
o f the work or service which the workman performs, it is required
to be performed both within and without Manitoba and the w ork
man elects to claim compensation hereunder.
(7)
The board may award compensation under this part inPermanent dis
respect o f the permanent disability suffered by a workman, but ability.
without temporary total disability.
Nonresidents.
S e c . 4. (1 ) Where a dependent is not a resident o f Manitoba
he shall not be entitled to compensation unless, by the law o f the
place or country in which he resides the dependents o f a w ork
man to whom an accident happens in such place or country if
resident in Manitoba would be entitled to com pensation; and
where such dependents would be entitled to compensation under
such law, the compensation to which the nonresident dependent
shall be entitled under this part shall not be greater than the
compensation payable in the like case under that law.
(2)
Notwithstanding the provisions o f subsection (1 ), the board
may award such compensation or sum in lieu o f compensation to
any such nonresident dependent as may be deemed proper and
may pay the same out o f the accident fund.
S e c . 5 (as amended by ch. 83, Acts o f 1921). (1 ) W here an
I n j u r i e s by
accident happens to a workman in the course o f his employment third parties.
under such circumstances as entitle him or his dependents to an
action against some person other than his employer, the workman
or his dependents, if entitled to compensation under this part,
may claim such compensation or may bring such action.
(2 ) I f an action is brought and less is recovered and collected
than the amount o f the compensation to which the workman or
his dependents are entitled under this part, the difference be
tween the amount recovered and collected and the amount of
such compensation shall be payable as compensation to such
workman or his dependents: P r o v i d e d , That the board shall have
the right to require that any money recovered and collected in
such action shall, when it is less than the amount of the compen
sation to which the workman or his dependents are entitled under
this part, be paid over to and deposited with the board, to be kept
and applied in or toward payment o f the monthly or other
periodical sums awarded or to be awarded as compensation under
this part.
(3) A compromise settlement o f any such action or cause o f
action by the workman or his dependents at an amount less than
the compensation provided for herein shall be made only with the
written approval o f the board.
(4) For the purpose o f this section the commencement o f an
action in the court o f king’s bench or a county court shall be
deemed the filing o f a claim for compensation hereunder in the
event o f a failure by the plaintiff to recover by such action a sum
equal to or greater than what would have been awarded had such
action not been brought and claim made hereunder.
(5 ) I f any workman or dependent makes an application to the Subrogation.
board claiming compensation under this part, the board shall
be subrogated to the rights o f the workman or dependent as
against such other person for the whole or any outstanding part
of the claim o f the workman or dependent against such other
person.
Lim itation.
(6 ) In any case within the provisions o f subsection (1 ),
neither the workman nor his dependents nor the employer o f such
workman shall have any right o f action in respect o f such ac
cident against an employer in any industry within the scope
o f this part (unless such accident occurred otherwise than in the
conduct o f the operations usual in or incidental to the industry
carried on by such employer) ; and in any such case where it ap
pears to the satisfaction o f the board that a workman o f an em
ployer in any class is injured owing to the negligence o f an em
ployer or o f the workman o f an employer in another class within

32860°— 23----- 14

206

w o r k m e n 's

COMPENSATION LAWS OF CANADA.

the scope o f this part, the board may direct that the compensa
tion awarded in such case shall be charged against the last-men
tioned class.
Election f o r
(7 ) In case the person required to make an election under
minor.
this section is under the age o f twenty-one years, his official
guardian may make the election for him without the necessity
o f applying to any court or judge for directions in respect thereto.
Board may file
(8) Where an injured man with right o f election hereunder
claim.
is deemed in need o f immediate special care or operation the
board even though the Injured man has not filed a claim or made
election, may direct same to be given or done, and the cost there
o f shall be a first charge against any sum recovered by the injured
man in any action brought by him.
Duty of prinSec. 6 (as amended by ch. 83, Acts o f 1921). (1) W here a
«ipai.
person, whether carrying on an industry included within the
scope o f this part or not, in this section referred to as the prin
cipal, contracts with any other person for the execution by or
under the contractor o f the whole or any part o f any w ork fo r
the principal, it shall be the duty o f the principal to see that such
contractor files the statements and declarations required by this
part and, if any such principal fails to do so, he shall be liable to
the penalties provided by section 60 hereof.
Liability.
(2) In addition to his liability under subsection (1 ) hereof,
the principal shall be liable to pay to any workman employed
in the execution o f any such work the compensation which he
would have been liable to pay if that workman had been immedi
ately employed by him, where the immediate employer has
failed to provide protection under the act for such workman.
Member of em- Sec. 7. A member o f the fam ily o f an employer or the dependents
family. 0f such member shall not be entitled to compensation under this
part unless it is established to the satisfaction o f the board that
such member was a bona fide employee o f such employer at the
time o f the accident, nor for the purpose o f determining the
compensation, shall his earnings be taken to be more than the
amount o f his wages as shown by his employer’s pay roll and
statement.
Suits
forb id S e c . 8 . N o action shall lie for the recovery o f the compensation
but all claims for compensation shall be heard and determined
by the board without the intervention o f counsel or solicitors
on either side except with the express permission o f the board.
Compensation
Sec. 9. (1 ) The right to compensation provided by this part
exclusive.
shall be in lieu o f all rights and rights o f action, statutory or
otherwise, to which a workman, or his dependents are or may
be entitled against the employer for or by reason o f any accident
which happens to him arising out o f and in the course o f his
employment, and no action in any court o f law against the em
ployer in respect thereof shall thereafter lie.
Minorg>
(2) A workman under the age o f twenty-one years and w ork
ing at an age and in an employment permitted under the laws o f
the Province shall be deemed sui ju ris fo r the purpose o f this
part, and no other person shall have any cause o f action or right
to compensation for an injury to such workman except as ex
pressly provided in this part.
Contracting
S e c . 10. It shall not be competent for a workman to agree with
out.
his employer to waive or forego any o f the benefits to which he
or his dependents are or may become entitled under this part
and every agreement to that end shall be absolutely void.
Deduction
Sec.
Except as provided in this act it shall not be law ful
wages.
for an employer, either directly or indirectly, to deduct from the
wages o f his workman any part o f any sum which the employer
is or may become liable to pay into the accident fund or other
wise under this part or to require or to permit any o f his work
men to contribute in any manner toward indemnifying the em
ployer against any liability which he has incurred or may incur
under this part.
Penalty.
Sec. 12. Every person who contravenes any o f the provisions
o f the last preceding section shall for every such contravention

ployer’s

from

11*

TEXT OF LAWS— MANITOBA.

207

incur a penalty not exceeding fifty dollars and shall also be
liable to repay to the workman any sum which has been deducted
from his wages from which he has been required or permitted
to pay in contravention o f the last preceding section.
ec 18. (1 ) In every case o f injury to a workman by acci N o t ic e o f a c c i
dent in any industry within the scope o f this part, it shall be d e n t.
the duty o f the workman, or in case o f his death the duty o f a
dependent, as soon as practicable after the happening o f the ac
cident, to give notice thereof to the employer. The notice shall be
in w riting and contain the name and address o f the workman,
and state in ordinary language the nature and cause o f the in
ju ry and the time when and place where the accident occured,
and shall be signed by the injured workman or some person on
his behalf, or, in case o f death, by any one or more o f his depend
ents or by a person on their behalf.
(2 ) In the case o f an industrial disease, the employer to I n d u s t r ia l d is
whom notice o f death, disability, or suspension from employment ease.
is to be given shall be the employer who last employed the w ork
man in the employment to the nature o f which the disease was
due.
(3 ) The notice may be served upon the employer, or upon Sendee.
any one employer if there are more employers than one, or upon
any officer or agent o f the corporation i f the employer be a cor
poration, or upon any agent o f the employer in charge o f the busi
ness in the place where the injury occurred, by delivering the
same to the person upon whom it is to be served, or leaving it
at his residence or place o f business, or by sending it by registered
m ail addressed to him at his last-known residence or place o f
business.
(4 ) Failure to give the notice required by virtue o f this sec F a ilu r e t o g iv e
n o t ic e .
tion, unless excused by the board, either on the g rou n d :
(a ) That notice fo r some sufficient reason could not have been
given ; or
(b ) That the employer or his superintendent or agent in charge
o f the work where the accident happened had knowledge o f the
in ju ry ; or
(c ) That the board is o f opinion that the claim is a just one
and ought to be allowed,
shall be a bar to any claim fo r compensation under this part. R e p o r t s o f a c
Sec. 14. (1) In case o f accident to a workman in his employ c id e n ts .
ment, it shall be the duty o f every employer, within three days
after its occurrence, to report the accident and the injury re
sulting therefrom to the board, and also to any local represen
tative o f the board at the place where the accident occurred.
The report shall be in w riting and state:
(a ) The name and address o f the workman and the nature o f
the industry in which he was em ployed;
(b ) The time when and place where the accident occu rred;
(c ) The cause and nature o f the accident and in ju ry ;
(d ) The name and address o f the physician by whom the w ork
man w as or is being attended fo r the in ju r y ; and
(e ) Any other particulars required by the board;
and may be made by mailing copies thereof addressed to the
board and to the local representative at their usual addresses,
respectively, postage prepaid.
(2 ) It shall be the duty o f the employer to make such further
and other reports respecting the accident and workman as may
be required by the board.
(3 ) Every employer who fails to make any report required by
virtue o f this section, unless excused by the board on the ground
that the report fo r some sufficient reason could not have been
made shall incur a penalty not exceeding $500.
Sec. 15. (1 ) W here a workman or dependent is entitled to com A p p lic a t io n f o r
pensation under this part, he shall file with the board an ap c o m p e n s a tio n .
plication fo r the compensation, together with the certificate
o f the physician ( i f any) who attended the workman in the

S .

208

WORKMEN S COMPENSATION LAWS OF CANADA.

form prescribed by the board fo r that purpose, and such further
or other proofs o f his claim as may be required by the regulations
or by the board.
(2) Unless application for the compensation is filed:
(a ) W ithin one year after the day upon which the injury oc
curred ; or
(b ) In case the applicant is a dependent, then within one year
after the death,
no compensation in respect o f any injury shall be payable under
this part.
Duty of physi
Sec. 16. It shall be the duty o f every physician attending or
cian.
consulted upon any case o f injury to a workman by accident
in any industry within the scope o f this p a r t:
(a ) To furnish from time to time such reports in respect o f
the injury in such form as may be required by the regulations
or by the board; and
(b ) To give all reasonable and necessary information, advice,
and assistance to the injured workman and his dependents in
making application fo r compensation, and in furnishing in con
nection therewith such certificates and proofs as may be re
quired, without charge to the workman.
Certificates.
(c ) F or the certificates required by the board in respect to
an injured workman, who is a claimant for compensation, the
physician furnishing same shall be paid by the board, out o f the
accident fund, a fee o f two dollars.
Sec. 17. Every workman who applies for or is in receipt o f
Medical exami
nations.
compensation under this part, if required by the board, shall
submit himself to medical examination in accordance w ith the
regulations at a place reasonably convenient for the workman
to be fixed by the board. I f the workman fails to submit himself
to the examination, or obstructs the same, his right to com
pensation shall be suspended until the examination has taken
place, and no compensation shall be payable during the period
o f such suspension unless the board otherwise orders.
P ra ctices
de
Sec. 18. I f an injured workman persists in unsanitary or in
la y in g recovery. jurious practices which tend to imperil or retard his recovery,
or refuses to submit to such medical or surgical treatment as in
the opinion of the board is reasonably essential to promote his
recovery, the board may, in its discretion, reduce the compensation
o f such workman to such sum, if any, as would in its opinion be
payable were such practices not persisted in or if such treat
ment had been submitted to.
Exemption
Sec. 19. No sum payable as compensation or by w ay o f com
from attachm ent,
mutation o f any periodical payment in respect o f it shall be
etc.
capable o f being assigned, charged, or attached, nor shall it pass
by operation o f law except to a personal representative, nor shall
any claim be set off against it.
Sec. 20. Any periodical payment to a workman may be reviewed
Review of pay
ments.
from time to time by the board, and on such review the board
may put an end to or diminish or may increase such payment to
a sum not beyond the maximum hereinafter prescribed.
Sec. 21. Where the workman was, at the date o f the accident,
Basis of com
pensation to mi under twenty-one years o f age, the amount o f the weekly or
nors.
other periodical payment may be fixed by the board by its first
order, or at any subsequent review, on the basis o f the earnings
o f an average workman aged twenty-one years, employed at a
similar class o f work, or on any lower basis, provided the same
be not lower than: (a ) in the case o f a first order, his average
earnings at the date o f the accident, and (b ) in the case of a
subsequent review, the average earnings which, if he had not
been injured, he would probably have been earning at the date
o f the review.
Sec. 22. (1 ) Payments o f compensation shall be made periodi
Payments tc be
periodical.
cally at such times and in such manner and form as the board
may deem advisable; and, in the case o f minors or persons of
unsound mind, payments may be made to such persons as, in the
opinion o f the board, are best qualified in all the circumstances

TEXT OF LAWS— MANITOBA,

209

to administer such payments, whether or not the person to whom
the payment is made is the legal guardian of such minor or
person o f unsound mind.
The board may, with the consent o f the workmen
dependent to whom it is payable, but not otherwise:
(a ) Commute the whole or any part o f the periodical payments Lump-sum paydue or payable to the injured workman or any dependent to one merits.
or more lump-sum payments to be applied as directed by the
b o a rd ;
(b ) Or divide into periodical payments any compensation pay
able in a lump sum.
Sec. 23. (1) In addition to the other compensation provided Medical, etc.,
by this part, the board shall have authority to provide for the treatment.
injured workman such medical, surgical, and hospital treatment,
transportation, nursing, medicines, crutches and apparatus, in
cluding artificial members, as it may deem reasonably necessary
at the time o f the injury, and thereafter during the disability
to cure and relieve from the effects o f the injury, and the board
shall have full power to adopt rules and regulations with respect
to furnishing medical aid to injured workmen entitled thereto
and for the payment thereof.
( 2 ) W here in a case o f emergency, or for other justifiable
E m ergency,
cause, a physician is called in to treat the injured workman, if
the board finds there was such justifiable cause and that the
charge for the services o f such physician is reasonable, it shall
be paid by the board.
(3) Where in any case, in the opinion o f the board, the pro- Special operavision o f a special surgical operation, or other special m ed ica ltion*
treatment for a workman, and the furnishing o f the same by the
board, w ill be a means o f avoiding heavy payment for a per
manent disability, the amount o f the cost thereof shall be payable
as compensation, in addition to the amounts hereinafter men
tioned.
(4) I f an autopsy is deemed by the board necessary to enable Autopsy,
it to determine- the cause o f any death, the board may direct
that such autopsy be made within a time to be fixed by the
board, and, if the dependent or dependents refuse to permit the
same, the board may reject any claim for compensation under
this part. The expenses o f such autopsy shall be paid out o f
the accident fund.
(5) The board may in its discretion authorize employers to Medical aid by
furnish or provide medical aid at the expense o f the board and emPloyersupon terms fixed by it.
(6) Any plan for providing medical aid in force between an Group medical
employer and his workmen or otherwise, available to the work- aid*
men at the time o f the coming into force o f this part, or which
is hereafter put into force, or made available to the workmen,
and which in the opinion o f the board, after investigation o f the
facts, is found on the whole to be not less efficient in the interests
both o f the employer and o f the general body o f his workmen
than the provisions for medical aid contained in this section,
may by order o f the board, subject to such conditions as the
board may require, be declared to be a plan approved by the
board.
( 7 ) Medical aid furnished or provided under any o f the preS u p e rv is io n ,
ceding subsections o f this section shall at all times be subject
to the supervision and control o f the b o a rd ; and the board shall
have full power and authority to contract with doctors, nurses,
hospitals and other institutions for any medical aid required,
and to agree on a scale o f fees or remuneration for such medical
aid.
( 8 ) W ithout in any w ay limiting the power o f the board
Choice of phyunder this section to supervise and provide medical aid in every sicians.
case where the board is o f the opinion that the exercise o f such
power is expedient, the board may permit medical aid to be
administered, so far as the selection o f a physician is concerned,

(2)

210

W O KKM EN S COMPENSATION LAWS OF CANADA.

by the physician who may be selected or employed by the
injured workman or his employer, to the end that so fa r as
possible any competent physician may be employed and be
available to injured workmen.
First-aid appli(9 ) Employers in any industries in which it is deemed proper
ances.
may be required by the board to maintain such first-aid appli
ances and service as the board may direct, and the board may
make such order respecting the expense thereof as may be
deemed ju s t
Compensation
Sec. 24 (as amended by ch. 83, Acts o f 1921).
(1 ) W here
for death.
death results from any injury the amount o f compensation
shall b e :
(a ) The necessary expenses o f the burial o f the workman
not exceeding one hundred and fifty dollars.
(b ) W here the w idow or an invalid widow er is the sole de
pendent, a monthly payment o f thirty dollars fo r life ;
(c ) W here the dependents are a w idow or an invalid w idow er
and one or more children, a monthly payment o f thirty dollars
with an additional payment o f seven dollars and fifty cents for
each child under the age o f sixteen years.
(d ) W here the dependents are orphan children, a monthly pay
ment o f fifteen dollars fo r each child under the age o f sixteen
years. Payments in respect o f a child shall cease when the child
attains the age o f sixteen years or dies: P r o v i d e d , That in case
the child at the time o f attaining the age o f sixteen years is an
invalid the payments shall continue until the child ceases to be an
invalid. Payments in respect o f an invalid child over the age
o f sixteen years shall cease when the child ceases to be an invalid
or dies.
(e) W here in the opinion o f the board the furnishing o f further
or better education to a child approaching the age o f sixteen years
appears advisable the board in its discretion may extend the
period to which compensation shall be paid in respect to such
child for such additional period as is spent by such child in the
furthering or bettering o f his education, but in no case beyond the
age o f eighteen years.
( f ) W here there are dependents other than those mentioned in
the preceding paragraphs, a sum reasonable and proportionate to
the pecuniary loss to such dependents occasioned by the death to
be determined by the board and not exceeding to any one such
dependent twenty dollars per month, and not exceeding in the
whole forty dollars a month.
(2) In the case provided for by paragraph ( f ) o f subsection
(1 ), the payments shall continue only so long as in the opinion
o f the board it might reasonably have been expected, had the
workman lived, that he would have continued to contribute to the
support o f such dependents.
(3) Where the board is o f the opinion that for any reason it is
necessary or desirable that a payment in respect o f a dependent
child shall not be made directly to his parent, the board may
direct that the payment may be made to such person or be applied
in such manner as the board may direct for the advantage o f the
child.
Alien enemies.
Sec. 25. No compensation shall be paid under this part to or
for the benefit o f any dependent resident in any o f the countries
that were enemy countries during the recent Great W ar at the
date o f the death in respect o f which compensation would other
wise be payable under this part.
C e s s a t i o n of
S e c . 26. W here a payment to any one o f a number o f dependents
payments.
ceases, the board may in its discretion readjust the payments to
the remaining dependents so that the remaining dependents shall
thereafter be entitled to receive the same compensation as though
they had been the only dependents at the time o f the death o f
the workman.
Remarriage of
S e c . 27. (1 ) I f a dependent w idow marries, the monthly paywidow.
ment to her shall cease, but she shall be entitled in lieu o f that
to a lump sum equal to the monthly payments for tw o years.

TEXT OF LAWS— MANITOBA,

211

(2 )
Subsection 1 shall not apply to payments to a w idow in
respect o f her dependent child or children.
S e c . 28. The board may from time to time require such proof o f d.t? roo?f df cod‘
the necessities, condition, and existence o f any dependents in re- eit£n
epen
ceipt o f compensation payments as may be deemed necessary by
the board and pending the receipt o f such proof may withhold
further payments.
S e c . 29 (as amended by ch. 83, Acts o f 1921).
W here per- P e r m a n e n t t o manent total disability results from the injury, the amount o f the tal disability,
compensation shall be a periodical payment during the life o f the
workman equal to sixty-six and two-thirds per centum o f his aver
age earn ings: P r o v i d e d , That such compensation shall not be less
than fifteen dollars per week.
Sec. 30. (1 ) W here permanent partial disability results from Permanent pa>•the injury, the compensation shall be a periodical payment o f tial disablllty'
sixty-six and two-thirds per centum o f the difference between the
average earnings o f the workman before the accident and the
average amount which he is earning or is able to earn in some
suitable employment or business after the accident, and the com
pensation shall be payable during the lifetime o f the workman.
(2 ) Notwithstanding the provisions o f subsection (1 ), where,
in the circumstances, the amount which the workman was able
to earn before the accident hag not been substantially diminished,
the board may, in case the workman is seriously and permanently
disfigured about the face or head, or otherwise permanently in
jured, recognize such injury as an impairment o f earning capacity,
and allow a lump sum in compensation therefor.
S e c . 3 1 . W here temporary total disability results from the inTemporary t o jury, the compensation shall be the same as that prescribed by tel disability,
section 29, but shall be payable only so long as the disability
lasts. And, in case the period o f disability appears in the opinion
o f the board to be unnecessarily prolonged, it may reduce tem
porarily or permanently the percentage o f wages allowed as com
pensation by said section 29 w ith power to restore the fu ll per
centage at any time.
S e c . 32. W here temporary partial disability results from the t-J ^ .po{?f£par
injury, the compensation shall be the same as that prescribed by tiai disablllty’
section 30, but shall be payable only so long as the disability lasts. c . . . .
Sec. 33. The average earnings and earning capacity o f a work- averageearafngs.
man shall be determined with reference to his average earnings
and earning capacity at the time o f the accident, and may be
calculated upon the daily, weekly, or monthly wages and other
regular remuneration which the workman was receiving at the
time o f the accident, or upon the average yearly earnings o f
the workman fo r one or more years prior to the accident, or
upon the probable yearly earning capacity o f the workman at the
time o f the accident, as may appear to the board best to represent
the actual loss o f earnings suffered by the workman by reason o f
the injury, but not so that his average earnings shall be deemed
in any case to exceed the rate o f tw o thousand dollars per year.
S e c . 34. In fixing the amount o f a periodical payment o f comDeductions,
pensation regard shall be had to any payment, allowance, or
benefit which the workman may receive from his employer
during the period o f his disability, including any pension, gratuity,
or other allowance provided w holly at the expense o f the em
ployer, and any sum so paid by the employer may be paid to the
employer out o f and deducted from the compensation.
S e c . 35. There is hereby constituted a commission fo r the adW o rk m e n ’s
ministration o f this part, to be called “ The workmen’s c o m - c o m p e n s a t i o n
pensation board,” which shall consist o f a commissioner and tw o board*
directors to be appointed by the lieutenant governor in council,
and shall be a body corporate and politic.
Sec. 36. B y resolution o f the board one o f the directors may act A b s e n c e o l e o m
as commissioner during the temporary absence o f the commis- m is s io n e r .
sioner from any cause.

212

w o r k m e n ’s

Removal.

CO M PEN SATIO N LA W S OP CANADA.

Sec. 37. The commissioner shall, subject to section 38, hold
office during good behavior, but may be removed at any time for
cause.
Retirement.
Sec. 38. Unless otherwise directed by the lieutenant governor in
council a commissioner shall cease to hold office when he attains
the age o f seventy-five years.
W h o l e- t i m e
S e c . 39. The commissioner shall devote the whole o f his time to
service.
the discharge o f hie duties under this part.
Salaries.
S e c . 40 (as amended by ch. 83, Acts o f 1921). (1 ) The salary o f
the commissioner shall be six thousand dollars per annum, and o f
each o f the directors one thousand dollars per annum, and such
salaries shall be payable out o f the accident fund.
(2 ) The lieutenant governor in council may authorize the pay
ment o f [to] any director out o f the accident fund o f an additional
allowance o f $15 for each meeting o f the board in excess o f fifty
which any director attends in any year.
Powers as to
S e c . 41. (1 ) The board shall have all the powers which may be
conferred upon commissioners under ‘ ‘An act respecting com
missioners to make enquiries concerning public matters,” being
chapter 34 o f the Revised Statutes, 1913, for compelling the at
tendance o f witnesses and o f examining them under oath and o f
compelling them to answer questions, and compelling the produc
tion o f books, papers, documents, and other things.
Depositions.
(2 ) The board may cause depositions o f witnesses residing
within or without the Province to be taken before any person
appointed by the board in a similar manner to that prescribed
by the rules o f the court o f king’s bench for the taking o f like
depositions in that court before a commissioner.
Qualifications.
Sec. 42. (1) A member o f the board shall not directly or in
directly have, purchase, take, or become interested in any industry
to which this part applies, or any bond, debenture, or other se
curity o f any person or corporation owning or carrying it on.
(2 ) I f any such industry or interest therein, or any such share,
bond, debenture, security, or thing comes to or becomes vested in
a member o f the board by w ill or by operation o f law and he does
not within three months thereafter sell and absolutely dispose o f
it, he shall cease to hold office.
S e c . 43. The offices o f the board shall be situated in the city o f
Offices.
Winnipeg, and its sittings shall be held there, except where it is
expedient to hold sittings elsewhere, and in that case sittings may
be held in any part o f Manitoba.
S e c . 44. (1 ) The board shall sit at least once in each week, and
Meetings.
at such other times as may be necessary, and shall conduct its pro
ceedings in such manner as it may deem most convenient fo r the
proper discharge or speedy dispatch o f business.
(2 ) The presence o f two members o f the board shall be neces
Quorum.
sary to constitute a quorum o f the board.
S e c . 45. (1 ) The board shall appoint such officers and other
Officers, clerks,
etc.
employees as the board may deem necessary for carrying out the
provisions o f this part and may prescribe their duties and, sub
ject to the approval o f the lieutenant governor in council, may fix
their salaries, which shall be paid out o f the accident fund.
(2 ) Every person so appointed shall hold office during the
pleasure o f the board.
S e c . 46. (1) The board shall have exclusive jurisdiction to ex
Jurisdiction.
amine into, hear, and determine all matters and questions arising
under this part and as to any matter or thing in respect o f which
any power, authority, or discretion is conferred upon the board,
and the action or decision o f the board thereon shall be final and
conclusive and shall not be open to question or review in any court,
and no proceedings by or before the board shall be restrained by
injunction, prohibition, or other process or proceeding in any court
or be removable by certiorari or otherwise into any court.
(2) W ithout hereby limiting the generality o f the provisions
o f subsection (1 ), it is declared that the exclusive jurisdiction o f
the board shall extend to determining—

TEXT OF LAW S— M ANITO BA.

213

(a ) Whether any injury or death in respect o f which compensa
tion is claimed was caused by an accident within the meaning o f
this p a r t;
(b ) The question whether any injury has arisen out o f or in
the course o f an employment within the scope o f this p a rt;
(c ) The existence and degree o f disability by reason o f any
in ju r y ;
(d ) The permanence o f disability by reason o f any in ju ry ;
(e ) The degree o f diminution o f earning capacity by reason o f
any in ju ry ;
( f ) The amount o f average earnings;
(g ) The existence, for the purpose o f this part, o f the relation
ship o f any member o f the fam ily o f a workman as defined by this
a ct;
(h ) The existence o f dependency;
(i) W hether or not any industry or any part, branch, or de
partment o f any industry is within the scope o f this part, and
the class to which any industry or any part, branch, or depart
ment o f any industry within the scope of this part should be as
signed ;
( j ) Whether or not any workman in any industry is within
the scope o f this part and entitled to compensation thereunder.
(3) Nothing in subsection (1) shall prevent the board from Review by
reconsidering any matter which has been dealt with by it or board.
from rescinding, altering or amending any decision or order
previously made, all o f which the board shall have authority to do.
(4 ) The decisions o f the board shall always be given upon
Procedure,
the real merits and justice o f the case, and it shall not be bound
to follow strict legal precedent.
S e c . 47. No action for damages shall be brought in any court
Actions against
of law against the board, or any of its members, in respect o f board,
anything done by it or them beyond their jurisdiction, as con
ferred by this act, if the same was done in the bona fide belief
that it was within their jurisdiction.
S ec . 48. The board may award such sum as it may deem reaCosts in consonable to the successful party to a contested claim for com pen-tested claimssation or to any other contested matter as compensation for the
expenses he has been put to by reason o f or incidental to the
contest, and an order o f the board for the payment o f any sum
so awarded, when filed in the manner provided by section 64,
shall become a judgment of the court in which it is filed and may
be enforced accordingly.
S e c . 49. (1) The board may act upon the report o f any o f its
Reports of offiofficers and any inquiry or examination which it shall be deemed cers of board,
necessary to make may be made by any one o f the officers o f the
board, or by a commissioner, a medical referee or some other
person appointed to make the inquiry or examination, and the
board may act upon his report as to the result o f the inquiry or
examination.
(2) The person appointed to make the inquiry or examination Powers of offishall for the purposes thereof have all the powers conferred upon cersthe board by section 41.
S e c . 50. (1) The board may make such regulations as may be
Regulations of
deemed expedient or requisite for the due administration and the board,
carrying out o f the provisions o f this part and to meet cases not
specially provided for by this part, and may likewise prescribe
the form and use o f such pay rolls, records, reports, certificates,
declarations, and documents as may be requisite, and a certified
copy o f every regulation so made shall be transmitted forthwith
to the attorney general, but any such regulation may within one
month after it has been received by the attorney general, be dis
allowed by the lieutenant governor in council.
(2) Every regulation which is approved by the lieutenant
governor in council shall, immediately after approval or on the
day named by him for that purpose, become effective, and after
the period for disallowance has expired every regulation which
has not been disallowed shall become effective and every regula-

214

w o r k m e n ’s

COM PENSATIO N LA W S OF CANADA.

tion which has become effective shall be forthw ith published In
the Manitoba Gazette.
Penalty.
( 3 ) Every person who contravenes any such regulation after
it has become effective shall for every contravention incur a
penalty not exceeding $50.
Adjudications.
( 4 ) W here an action in respect of an injury is brought against
an employer by a workman or a dependent, the board shall have
jurisdiction upon the application of any party to the action to
adjudicate and determine whether the action is one the right to
bring which is taken away by this a ct; and such adjudication
and determination shall be final and conclusive, and if the board
determines that the action is one the right to bring which is
taken away by this part, the action shall be forever stayed.
Audit of
S e c . 51. The accounts o f the board shall be audited by the
counts.
comptroller general or by an auditor appointed by the lieutenant
governor in council for that purpose, and the salary or remunera
tion o f the last mentioned auditor shall be paid by the board.
Annual reports. gEC 52. The board shall on or before the 31st day o f January
in each year make a report to the lieutenant governor in council
o f its transactions during the last preceding calendar year and
such report shall contain a statement o f the accounts required to
be kept under section 66 of this act and such particulars as the
lieutenant governor in council may prescribe.
Submission to gEC< §3 Every such report shall be forthw ith laid before the
assem bly.
legislative assembly if such assembly is then in session, and,
if it is not then in session, within fifteen days after the opening
o f the next session.
the Province.11Dy S e c .
T o
a s s i s t in defraying the expenses incurred in the
administration o f this part there shall be paid to the board out o f
the consolidated revenue fund such annual sum as the lieutenant
governor in council may direct.
Accident fund. gEC 55 p or the purpose o f assessment in order to create and
maintain a fund to be called the “ Accident Fund ” for the pay
ment o f the compensation, outlays and expenses under this part,
all the follow ing industries shall be within the scope o f this part
and shall, subject to sections 59 and 70, be divided into the fo l
lowing classes:
Class A — The Canadian Pacific Railw ay company and its sub
sidiary com panies;
Class B— The Grand Trunk Pacific Railw ay company and its
subsidiary com panies;
Class C— The Canadian National Railw ay com pany;
Class D — The Crown in the right o f the Province o f M an itoba;
Class E— The City o f W innipeg;
Class F — All other municipalities in M anitoba;
Class G— All industries set out in schedule 1 hereto and not
included in the above classes.
S e c . 56 (as amended by ch. 83, Acts o f 1921). ( 1 ) Any industry
Industries, etc.,
not covered.
or workman not within the scope o f this part may on the appli
cation o f the employer be admitted by the board as being within
the scope o f this part subject to such terms and conditions and for
such period as the board may deem adequate and proper.
(2) Any employer in an industry within the scope o f this part
may be admitted by the board as being entitled for him self and
his dependents to the same compensation as if the employer were
a workman within the scope o f this part.
The Crown.
S e c . 57. This part shall apply to any employment by or under
the Crown in the right o f the Province o f Manitoba to which
this part would apply if the employer were a private person.
S e c . 58. (1) The board may by regulations:
Power of board,
(a ) create new classes in addition to those mentioned in sec
tion 55;
(b ) consolidate or rearrange from time to time any o f the
existing classes; and
(c ) withdraw from a class any industry included therein and
transfer it wholly or in part to any other class, or form it into
a separate class.

TEXT OF LAW S— M ANITOBA,

215

(2 ) In case o f any rearrangement o f the classes, or the with
drawal o f an industry from any class, the board may make such
adjustment and disposition of the funds, reserves, and accounts
o f the classes affected as may be deemed just and expedient.
Sec. 59. The board shall assign every industry within the scope Classification,
o f this part to its proper class, and, where any industry includes
several departments assignable to different classes, the board
may either assign such industry to the class o f its principal or
chief department, or may, for the purpose o f this part, divide
such industry into two or more departments, assigning each o f
such departments to its proper class.
Sec. 60. (1) Every employer shall, on or before the first day o f Estimate of
January, 1921, or whenever thereafter he becomes an employer Pa^ ro11*
within the meaning o f this part, and at such other times as may
be required by regulations or by the board, cause to be furnished
to the board an estimate o f the probable amount o f the pay roll
o f each o f his industries within the scope o f this part for the
year next following, together with such further and other in for
mation as may be required by the board for the purpose o f
assigning each industry to the proper class and o f making the
assessments hereunder; and every such employer shall, at the
close o f each calendar year, and at such other times as may be re
quired by the board, furnish certified copies or reports of his pay
rolls, verified by statutory declaration.
(2) In computing the amount o f the pay roll of any industry
for the purpose o f assessment, regard shall be had only to such
portion o f the pay roll as represents workmen and employment
within the scope o f this p a r t; and where the wages of any work
man exceed the rate o f two thousand dollars per year, a deduc
tion shall be made in respect o f the excess.
(3) If an employer does not comply with the provisions o f sub
section ( 1 ), or if any statement made in pursuance o f its pro
visions is not a true and accurate statement o f any o f the
matters required to be set forth in it, the employer for every
such noncompliance and for every such inaccurate statement
shall incur a penalty not exceeding $500.
Sec. 61. (1) For the purpose of creating and maintaining an
Annual assessadequate accident fund, the board shall every year assess and
levy upon and collect from the employers in each class by an
assessment or by assessments made from time to time rated
upon the pay roll, or in such other manner as the board may
deem proper, sufficient funds, according to an estimate to be
made by the board:
(a ) to meet all amounts payable from the accident fund under
this part during the year;
(b ) to provide in each year capitalized reserves sufficient to
meet the periodical payments o f compensation accruing in future
years in respect o f all accidents which occur during the year;
except that in cases where future payments are guaranteed by
the governments o f the Dominion o f Canada or the Province
o f Manitoba, the board may dispense with the setting up o f
reserves; and
(c ) to provide a surplus or equalization fund to be used to
meet the losses arising from any disaster or other circumstance
which, in the opinion o f the board, would unfairly burden the em
ployers in any class.
(2) Assessments may be made in such manner and form
and by such procedure as the board may deem adequate and
expedient, and may be general as applicable to any class or
subclass, or special as applicable to any industry or part or
department of an industry.
(3) Assessments may, wherever it is deemed expedient, be
collected in half-yearly, quarterly, or monthly installments, or
oth erw ise; and, where it appears that the funds in any class are
sufficient for the time being, any installment may be abated or its
collection deferred.

216

w o r k m e n 's

CO M PENSATIO N LA W S OF CANADA.

(4 ) In case the estimated assessments in any class prove insuffi
cient, the board may make such further assessments and levies
as may be necessary, or the board may tem porarily advance the
amount o f any deficiency out o f any fund provided for that pur
pose and add such amount to any subsequent assessments.
(5 ) The board shall give notice to each employer o f the amount
o f each assessment due from time to time in respect o f his
industry and the time when such is payable. The notice may be
sent by post to the employer, and shall be deemed to be given to
him on the day on which the notice is posted.
Allocation of Sec. 62. The board shall establish such subclassifications, differrates*
entials, and proportions in the rates as between the different
kinds o f employment in the same class as may be deemed ju s t;
and, where in the opinion o f the board any particular industry
is shown to be so circumstanced or conducted that the hazard
differs from the average o f the class or subclass to which the
industry is assigned, the board may confer or impose upon such
industry a special rate, differential, or assessment to correspond
with the relative hazard o f that industry; and for such purpose
may adopt a system o f rating in such a manner as to take account
o f the peculiar hazard o f the individual plant or undertaking o f
each employer.
Security in Sec. 63. (1 ) W here an employer engages in any o f the industcmporary indu*- tries within the scope o f this part, and has not been assessed in
try*
respect o f it, the board, if it is o f opinion that the industry is to
be carried on only temporarily, or that it is for some other reason
expedient, may require the employer to pay or to give security
for the payment to the board o f a sum sufficient to pay the as
sessment fo r which the employer would be liable if the industry
had been in existence when the last preceding assessment was
made.
(2 ) Every employer who makes default in com plying with any
requirement o f the board under subsection ( 1 ) shall incur a
penalty not exceeding $500.
Collection of
Sec. 64 (as amended by ch. 83, Acts o f 1921). (1) I f any assessassessments.
ment or part thereof or deficiency is not duly paid in accordance
with the terms o f the assessment and levy, the board shall have a
right o f action against the defaulting employer in respect o f the
amount unpaid, and any penalties imposed under the provisions
o f this act, together with costs o f such action.
( 2 ) W here default is made in the payment o f any assessment
or any part o f it, the board may issue a certificate stating that
the assessment was made, the amount remaining unpaid on ac
count o f it, and the person by whom it is payable, and such
certificate, or a copy o f it, certified by the secretary under the
seal o f the board to be a true copy, may be filed with the clerk
o f the county court o f the judicial division in which such per
son resides or carries on business, and when so filed shall become
an order o f that court, and may be enforced as a judgment o f
the court against such person for the amount mentioned in the
certificate.
Penalty for Sec. 65. (1) I f any assessement levied under any provision o f
nonpayment. • this part is not paid at the time when it becomes payable, the
defaulting employer shall be liable to pay and shall pay as a
penalty for his default such a percentage upon the amount unpaid
as may be prescribed by regulations or may be determined by the
board.
(2) Any employer who refuses or neglects to make or transmit
any pay roll, return, or other statement required to be furnished
by him under the provisions o f subsection ( 1 ) o f section 60, or
who refuses or neglects to pay any assessment, or the provisional
amount o f any assessment, or any installment or part thereof,
shall, in addition to any penalty or other liability to which he
may be subject, pay to the board the full amount or capitalized
value, as determined by the board, o f the compensation payable
in respect o f any accident to a workman in his employ which

TEXT OF LAWS— MANITOBA.

217

happens during the period o f such default, and the payment o f
such amount may be enforced in the same manner as the pay
ment o f an assessment may be enforced.
(3 ) The board, if satisfied that such default was excusable,
may in any case relieve such employer in whole or in part from
liability under this section.
S e c . 6 6 . Separate accounts shall be kept o f the amounts col- COunetgarate ac’
lected and expended in respect o f every class and o f every fund
set aside by way o f reserve or as a special fund for any purpose,
but for the purpose o f paying compensation the accident fund
shall, nevertheless, be deemed one and indivisible.
Sec. 67. (1) On or before the thirty-first day o f March in each Annual adjustyear the amount o f the assessment for the preceding calen darments*
year shall be adjusted upon the actual requirements o f the class
and upon the correctly ascertained pay roll o f each industry, and
the employer shall forthwith make up and pay to the board any
deficiency, or the board shall refund to the employer any surplus,
or credit the same upon the succeeding assessment, as the case
may require.
(2) Where in any industry a change o f ownership or employ- change in own
ership has occurred, the board may levy any part o f such ershiPdeficiency on either or any o f the successive owners or em
ployers, or pay or credit to any one or more o f such owners such
surplus as the case may require, but as between or amongst such
successive owners the assessments in respect o f such employment
shall, in the absence o f an agreement between the respective
owners or employers determining the same, be apportionable, as
nearly as may be, in accordance with the proportions o f the pay
rolls o f the respective periods o f ownership or employment.
S e c . 68 . W here any work within the scope o f this part is per- . work for muform ed under contract for any municipal corporation or for any
corpora*
board or commission having the management o f any work or
service operated for the municipal corporation, any assessment
in respect of such work may be paid by such corporation, board,
or commission, as the case may be, and the amount o f such
assessment deducted from any moneys due the contractor in
respect of such work.
Sec. 69. (1) W here any work within the scope o f this part is Liability of
undertaken for any person by a contractor, both the contractor £°indpldr a n d
and the person for whom such work is undertaken shall be liable
for the amount o f any assessment made under this act in respect
thereof, and such assessment may be levied upon and collected
from either o f them, or partly from one and partly from the
o th e r: P r o v i d e d , That in the absence o f any term in the contract
to the contrary the contractor shall, as between himself and the
person for whom the work is performed, be prim arily liable for
the amount of such assessment.
(2) Where any work within the scope o f this part is per- Subcontractors,
form ed under subcontract, both the contractor and the subcon
tractor shall be liable for the amount o f the assessments in
respect o f such w o r k ; any such assessments may be levied upon
and collected from either, or partly from one and partly from
the other.
S e c . 70. The board shall have jurisdiction and authority to . Exclusion and
exclude or include by regulation any industry from or within the
°f in"
application o f this part.
S e c . 71. (1) Subject to subsections (2) and (3) o f this section,
Custody of
the provincial treasurer shall be custodian o f all moneys and funds*
securities belonging to the accident fund and the Province shall
be liable for the safe-keeping thereof. All moneys belonging to
the accident fund collected or received by the board shall be de
livered to the provincial treasurer or may be deposited to his
credit in such banks throughout the Province as he may desig
nate, and all moneys so delivered or deposited shall be credited
to the accident fund, and shall be accounted for as part o f the
consolidated revenue fund o f the Province. No moneys collected

218

w o r k m e n ’s

CO M PENSATIO N LA W S OF CANADA.

or received on account o f the accident fund shall be expended or
paid out without first passing into the provincial treasury and
being drawn therefrom as provided in this part. In like manner
all securities belonging to the accident fund shall be delivered to
the provincial treasurer and held by him until otherwise disposed
o f for the purpose o f this part.
(2) The board shall submit each month to the com ptroller
general an estimate o f the amount necessary to meet the current
disbursements from the accident fund during the succeeding cal
endar month, and, when the estimate is approved by the comp
troller general the provincial treasurer shall pay the amount
thereof to the board. At the end o f each calendar month the
board shall account to the com ptroller general for all moneys so
received.
investment of
(3) The board shall cause all moneys in the accident fund in
surplus.
excess o f current requirements to be invested and reinvested in
any securities which are under the “ Trustee act ” a proper in
vestment for trust funds. The board shall from time to time
submit to the comptroller general an estimate o f the amount re
quired by it for investment, which estimate shall be accompanied
by a full description o f the kind and character o f the investments
proposed to be made, and when the estimate and investments are
approved by the comptroller general and by the provincial treas
urer he shall pay out the amount thereof for the purpose o f such
investments. At the end o f each calendar month the board shall
account to the comptroller general for all moneys so invested,
furnishing proper vouchers therefor.
interest on in(4) All investments shall be made in the names o f the board
vestments, etc.
and f t i e provincial treasurer jointly, and all interest on invest
ments shall be payable to the board and form part o f the acci
dent fund.
(5 )
Interest on all moneys belonging to the accident fund in
the custody o f the provincial treasurer in excess o f current re
quirements and not invested shall, subject to the certificate o f
the com ptroller general, be paid by the provincial treasurer to
the board at a rate not less than three and one-half per centum
per annum, payable quarterly, and shall form part o f the accident
fund.
Advancements.
S e c . 72. Where at any time there is not sufficient money in the
hands o f the board available for payment o f the compensation
which may become due, the lieutenant governor in council shall
direct that the same be advanced to the board out o f the consoli
dated revenue fund, and in that case the amount advanced shall
be repaid by the board to the Provincial treasurer out o f the
accident fund when sufficient funds are available.
New industries.
S e c . 73. (1) W here an industry coming within this part is
established or commenced after the date prescribed by the board
pursuant to section 60 o f this act, it shall be the duty o f the
employer forthwith to notify the board o f the fact and to fu r
nish to the board an estimate o f the probable amount o f his pay
roll for the remainder o f the year, verified by statutory declara
tion.
(2 ) F or default in complying with the provisions o f subsection .
E xam instionof (1) the employer shall incur a penalty not to exceed $500.
b°oksS e c . 74. (1) The board and any officer or person authorized by
it fo r that purpose, shall have the right to examine the books and
accounts o f the employer and to make such other inquiry as the
board may deem necessary for the purpose o f ascertaining
whether any statement furnished to the board is an accurate
statement o f the matters which are required to be stated therein
or o f ascertaining the amount o f the pay roll of any employer,
or o f ascertaining whether any industry or person is under the
operation o f this part, and for the purpose o f any such exam ina
tion and inquiry the board and the person so appointed shall
have, in addition to all the pow ers conferred by this act, all the
powers which may be conferred on a commissioner under “ An
act respecting commissioners to make inquiries concerning public

TE X T OP LAW S— MANITOBA.

219

matters,” Revised Statutes o f Manitoba, 1913, chapter 34, and
amendments thereto.
(2 ) F or the purpose o f any such examination or inquiry, the
board or person authorized to make the examination or inquiry
may give to the employer or his agent notice in writing requiring
him to bring or produce before such board or person, at a place
and time to be mentioned in the notice, which time shall be at
least ten days after the giving o f the notice, all documents, w rit
ings, books, deeds, and papers in the possession, custody, or power
o f the employer touching or in anywise relating to or concerning
the subject matter o f the examination or inquiry referred to in
the notice, and every employer and every agent o f the employer
named in and served w ith any such notice shall produce at the
time and place required all such documents, writings, books,
deeds, and papers according to the tenor o f the notice.
(3 ) Any employer and every other person who obstructs or
hinders the making o f the examination and inquiry mentioned
in subsection ( 1 ), or refuses to permit it to be made or fails to
comply w ith the terms o f any notice given under subsection ( 2 )
hereof, shall incur a penalty not exceeding $500.
(4 ) The board and every officer or person authorized by it to O a th s, etc.
make any examination or inquiry under this section shall have
power and authority to require and take affidavits, affirmations
or declarations as to any matter o f such examination or inquiry
and to take statutory declarations required under this part and in
all such cases to administer oaths, affirmations, and declarations
and certify to the same having been made.
Sec. 75. (1 ) The board and any officer or person authorized by .
to entry
it fo r that purpose shall have the right at all reasonable hours t o t0 establl6hmentsenter into the establishment o f any employer who is liable to
contribute to the accident fund under this part, and the premises
connected with it, and every part o f them, fo r any purpose which
the board may deem necessary.
(2 ) Any employer and every other person who obstructs or
hinders the making o f any inspection under the authority o f sub
section ( 1 ), or refuses to permit it to be made shall incur a pen
alty not exceeding $500.
Sec. 76. (1 ) No officer o f the board and no person authorized information
to make an inquiry under this part shall divulge or allow to be confidential,
divulged, except in the perform ance o f his duties or under the
authority o f the board, any inform ation obtained by him or which
has come to his knowledge in making or in connection with an in
spection or inquiry under this part.
(2 ) Every person who contravenes any o f the provisions o f
subsection (1 ) shall incur a penalty not exceeding $500.
Sec. 77. The penalties imposed by or under the authority o f this Recovery of
part shall be recoverable under “ The Manitoba summary con v ic-pen ies*
tions act,” and when collected shall be paid over to the provincial
treasurer and shall become part o f the consolidated revenue fund.
Sec. 78. In the case o f a w ork or service perform ed by an em- e M e c h a n i c s ’
ployer in any o f the industries included under this part fo r which liens*
the employer w ill be entitled to a lien under “ The mechanics
and wage earners* lien act,” it shall be the duty o f the owner, as
defined by that act, to use all due diligence to see that statements
are filed by such employers as required in this part, and if such
owner fails to do so he shall incur a penalty not exceeding $50.
Sec. 79. Subject to any statute o f the Dominion o f Canada, Priority of asthere shall be included among the debts which, under “ The a s -sessments*
signments acts,” “ The Manitoba trustee act ” and “ The companies*
winding up act,” are, in the distribution o f the property in the
case o f an assignment, or death or o f the assets o f a company be
ing wound up, under the said acts, respectively, to be paid in
priority to all other debts, the amount o f any assessment the
liability fo r which accrued before the date o f the assignment or
death or the commencement o f the winding up respectively.
Sec. 80. (1 ) W here a workman suffers from an industrial dis- industrial dis
ease and is thereby disabled from earning fu ll wages at the w ork eases*

220

W ORKM EN S COMPENSATION LAWS OF CANADA.

at which he was employed or his death is caused by an indus
trial disease and the disease is due to the nature o f any employ
ment in which he was engaged at any time within twelve months
previous to the date o f his disability, whether under one or more
employments, the workman or his dependents shall be entitled to
compensation as if the disease were a personal injury by accident
and the disability were the happening o f the accident, subject to
the modifications herein mentioned, unless at the time o f entry
into the employment he had w illfully and falsely represented
himself in writing as not having previously suffered from the
disease.
Report by phy(2) The board may by regulation require every physician
sician.
treating a patient who is suffering from any industrial disease
to report to the board such inform ation relating thereto as it
may require.
Disease arising ^3 ^ j f the WOrkman, at or immediately before the date o f the
rom emp oyment. l a b i l i t y , Was employed in any process mentioned in the second
column o f schedule 2 hereto, and the disease contracted is the
disease in the first column o f the said schedule set opposite to the
description o f the process, the disease shall be deemed to have
been due to that employment unless the contrary is proved.
Disease gener( 4 ) Nothing in this section shall affect the right o f the workally*
man to compensation in respect o f any disease to which this sec
tion does not apply, if the disease is the result o f an in ju ry in
respect o f which he is entitled to compensation under this part.
Three years’
(5) Except where the board i$ satisfied that the disease is not
r esi dence re-(jue to any other cause than his employment in Manitoba, no
quire
compensation shall be payable under this section unless the w ork
man has been a resident o f Manitoba fo r the three years next pre*
ceding his first disability.
P art

[This is an employers’ liability law fo r industries, etc., not
covered by the compensation statute, Part I.]
SCHEDULE 1.— (S ection 55.)
Occupations i. Lum bering; logging, river-driving, rafting, booming, sawmills,
covered:
shingle mills, lath m ills; manufacture o f veneer, excelsior, staves,
Classes.
spokes, or headings; lumber yards (including the delivery o f
lumber) carried on in connection with saw m ills; the creosoting
o f timbers.
2. Pulp and paper mills.
3. Manufacture o f furniture, interior woodwork, organs, piano
actions, pianos, canoes, small boats, coffins, w icker and rattan
ware, mattresses, bed springs, artificial limbs, cork articles, cork
carpets or linoleum, upholstering, picture framing, and cabinet
work.
4. Planing mills, sash and door factories, manufacture o f wooden
and corrugated paper boxes, cheese boxes, mouldings, window
and door screens, window shades, carpet sweepers, wooden toys,
articles and wares or baskets, matches or shade rollers; lumber
yards (including the delivery o f lumber) carried on in connection
with planing mills or sash and door fa cto rie s; cooperage, not in
cluding the making o f staves or headings. Retail lumber yards
(n o mill or factory in connection).
5. M ining; reduction o f ores and sm elting; preparation o f metals
or m inerals; boring and drilling, including sinking o f artesian
w ells (except when done by an employer coming under paragraph
13) ; manufacture o f calcium carbide, carborundum or alundum.
6. Sand, shale, clay or gravel p its; marble works, stone cutting
or dressing; manufacture o f brick, tile, terra cotta, fireproofing,
paving blocks, sewer pipe, roof tile, plaster blocks, plaster boards,
slate or artificial stone.
7. Quarries, stone crushing, lime k iln s ; m anufacture o f cement.

TE X T OF LAW S— M AN ITO BA.
8 . M anufacture o f glass, glass products, glassware, porcelain, or
pottery.
9. Iron, steel, or metal fou n dries; rolling m ills; manufacture o f
castings, forgings, heavy engines, locomotives, machinery, safes,
anchors, cables, rails, shafting, wires, tubing, pipes, shot, sheet
metal, boilers, furnaces, stoves, structural steel, iron, or metal.
10. Manufacture o f small castings or forgings, metal wares,
utensils and articles, hardware, nails, wire goods, screens, bolts,
metal beds, sanitary water, gas, or electric fixtures, light machines,
typewriters, cash registers, adding machines, carriage mountings,
bicycles, metal toys, tools, cutlery, instruments, sheet metal prod
ucts, buttons o f metal, ivory, pearl, or horn, dry batteries, storage
batteries fo r autos and lighting plants, cameras, sporting goods,
firearms, windmills, ivory articles, rubber stamps, pads or stencils,
machine shops, not elsewhere included in schedule 1, the industry
o f carrying on a blacksmith shop.
1 1 . M anufacture o f agricultural implements, threshing ma
chines, traction engines, wagons, carriages, sleighs, vehicles, auto-*
mobiles, motor trucks, toy wagons, sleighs, or baby carriages; car
shops, aeroplanes and hydroplanes (no flying).
12. Manufacture o f gold and silverware, plate ware, watches,
watchcases, clocks, jew elry, or musical instruments.
13. M anufacture o f chemicals, corrosive acids, or salts, am
monia, gasoline, petroleum, petroleum products, celluloid, gas,
charcoal, artificial ice, including the handling and delivery
th ereof; wood a lco h o l; celluloid a rticles; the manufacture, trans
mission, and distribution o f natural or artificial gas and opera
tions connected therew ith; the cutting, storing, handling, and
delivery o f natural ice.
14. The manufacture o f fireworks, gunpowder, ammunition,
nitroglycerine, dynamite, guncotton, or other high explosives.
15. Manufacture o f paint, color, varnish, oil, japans, turpentine,
printing ink, printers* rollers, tar, tarred, pitched, or asphalted
paper.
16. Distilleries, breweries, bottling w orks; manufacture o f
spirituous or malt liquors, malt, alcohol, wine, vinegar, cider,
mineral water, soda waters, or methylated spirits.
17. M anufacture o f nonhazardous chemicals, drugs, medicines,
dyes, extracts, pharmaceutical or toilet preparations, soaps,
candles, perfumes, noncorrosive acids or chemical preparations;
shoe blacking or polish, yeast, baking powder or mucilage.
18. M illing; manufacture o f cereals or cattle foods, warehous
ing or handling o f grain or operation o f grain elevators.
19. M anufacture or preparation and wholesale distribution o f
meats or meat products.
20. Packing houses, abattoirs, cold storage warehouses, manu
facture o f fertilizers, glue, and all work incidental thereto (not
incidental to any other industry). The operation o f stock yards
with railw ay entry.
21. Tanneries.
22. M anufacture o f leather goods and products, belting, whips,
saddlery, harness, trunks, valises, trusses, imitation leather, boots,
shoes, gloves, umbrellas, rubber goods, rubber shoes, tubing, tires,
or hose.
23. Sugar refineries; manufacture o f dairy products, butter,
cheese, condensed milk or cream, biscuits, confectionery, spices,
condiments, salt, or any kind o f sta rch ; bakeries.
24. Canning or preparation o f fruit, vegetables, fish, or food
stuffs ; pickle factories.
25. M anufacture o f tobacco, cigars, cigarettes or tobacco prod
ucts.
26. F la x mills, manufacture o f textiles or fabrics, spinning,
weaving, and knitting manufactories, manufacture o f yam , thread,
hosiery, cloth, blankets, carpets, canvas, bags, shoddy, felt, cord
age, ropes, fibre, brooms, or brushes; asbestos goods, hair cloth,

32860°— 23----- 15

221

222

w o r k m e n ’s

c o m p e n s a t io n

law s

Ca n a d a .

and other hair good s; work in manila or hem p; tents, awnings,
and articles not otherwise specified made from fabrics or cord a ge;
the erection o f awnings by the manufacturer.
27. M anufacture o f men’s and women’s clothing, w hite wear,
shirts, collars, corsets, hats, caps, furs, robes, feathers, or artificial
flowers.
28. Pow er laundries, dyeing, cleaning, or bleaching.
29. Printing, photo-engraving, engraving, lithographing, book
binding, embossing, manufacture o f stationery, paper, cardboard
boxes, bags, w all paper, or papier-mach§.
30. H eavy teaming or carta g e; safe moving or moving o f boilers,
heavy machinery, building stone, and the lik e ; warehousing,
storage, teaming, and cartage, including the hauling fo r hire by
means o f any vehicle, howsoever drawn or propelled, o f any com
modity or m aterial; scavenging, street cleaning or removal o f
snow or ic e ; deliveries from wholesale establishm ents; the ship
ping, receiving, and packing departments o f wholesale establish‘m ents; coal, wood, lum ber; and builders’ supply industries.
31. The operation o f coaling plants or stations.
32. Steel building and bridge construction; installation o f ele
vators, fire escapes, boilers, engines, or heavy m achinery; bridge
building, not included elsewhere in schedule 1, erection o f wind
mills.
33. Bricklaying, mason work, stone setting, concrete work, plas
tering, manufacture o f concrete b lo ck s; structural carpentry, lath
ing, installation o f pipe organs; house wrecking or house moving.
34. Painting, decorating or renovating; sheet metal w ork and
roofing.
35. Plumbing, sanitary or heating engineering, gas and steam
fitting; the w ork o f artisans and mechanics employed fo r their
whole time at their trade in an industry not classified herein;
operation o f theatre stage or moving pictures; operation o f pas
senger or freight elevators which are not operated in connection
with an industry included in another class, including the opera
tion o f elevators used in connection with an industry to which
this schedule does not apply or in connection w ith a warehouse
or shop or an office or other building or premises.
36. Sewer construction, tunnelling, shaft sinking and w ell dig
ging, the maintenance and operation o f a waterworks system ; ex
cavation w ork fo r cellars, foundations and ca n a ls; trenching less
than six feet deep, fo r gas pipes, w ater pipes, or w ire conduits;
and all excavation work where the depth is more than six feet
and the width is less than half the depth.
37. Construction, installation or operation o f electric power lines
or appliances and power transmission lines, electric w iring o f
buildings and installation o f lighting fixtu res; construction vor
operation o f an electric light system, construction or operation o f
an electric light works not included elsewhere in schedule 1,
construction or operation o f telegraph or telephone lines, construc
tion or operation o f telephone lines and works for the purpose o f
the business o f a telephone company or used or to be used in con
nection w ith its business when constructed or operated by the
company.
38. Construction or operation o f railways, road making or re
pair o f roads with m achinery; making and repairing o f roads o f
all kinds not included elsewhere in schedule 1, manufacture o f
asphalt m aterial and paving m aterial; this class shall not in
clude the making or repairing o f roads in rural municipalities
unless the work is done through a contractor.
39. Shipbuilding, dredging, subaqueous construction or piledriv
ing, fishing, stevedoring, operation o f and w ork upon wharves,
operation o f dry docks, not included elsewhere in schedule 1.
40. I f not included elsewhere in schedule 1, any trade or busi
ness connected w ith the industries o f :
Lumbering, mining, quarrying, fishing, manufacturing, building,
construction, engineering, transportation, operation o f electric

TEXT OF LAW S— M AN ITO BA.

223

power lines, waterworks, and other public utilities, navigation,
operation o f boats, ships, tugs and dredges, operation o f grain
elevators and warehouses, teaming, scavenging and street clean
ing, painting, decorating and renovating, dyeing and cleaning, or
any occupation incidental thereto or immediately connected there
with.
41. The trade or business, as defined by subsection (2 ) o f sec
tion 2, o f a municipal corporation, a public utilities commission,
or any other commission having the management and conduct o f
any work or service owned by or operated fo r a municipal cor
poration or a board o f school trustees, and policemen, firemen or
ferrymen employees o f such a corporation.
42. The construction or operation o f railw ays operated by steam,
electric, or other m otive power, street railw ays and incline rail
ways, but not their construction when constructed by any person
other than the company which owns or operates the railway.
48. The construction or operation o f car shops, machine shops,
steam and power plants and other works for the purposes o f any
such railw ay or used or to be used in connection with it when con
structed or operated by the company which owns or operates the
railway.
44. The construction or operation o f steam vessels and works
fo r the purpose o f the business o f a navigation company or used
or to be used in connection with its business when constructed
or operated by the company and all other navigation, towing,
operation o f vessels and marine wrecking.
45. The operation o f the business o f an express company which
operates on or in conjunction with a railway, or sleeping, parlor
or dining cars, whether operated by the railw ay company or by
an express, sleeping, parlor or dining car company.
46. The operation as an industry (otherwise than on tracks)
on streets, highways or elsewhere o f cars, trucks, wagons, or other
vehicles and rollers and engines propelled by steam, gas, gasoline,
electric, mechanical, or other power or drawn by horses or mules.
(This paragraph does not include the operation o f aircra ft).
47. Auto garages, including sale o f gasoline, oil, accessories, and
storage o f cars (not including manufacture o f ca rs).
SCHEDULE 2—- ( S e c t i o n 80).
D e s crip tio n o f disease.

D e s crip tio n o f p rocess.

Anthrax________________________
Lead poisoning or its sequelae—
M ercury poisoning
quelae—

its

Handling o f wool, hair, bristles, r O c c u p a t i o n a l
hides, and skins.
d iseases.
Any process involving the use
o f lead or its preparations or
compounds.

se
Any process involving the use
o f mercury or its prepara
tions or compounds.

Phosphorus poisoning or its
sequelae----------------------------------- Any process involving the use
o f phosphorus or its prepara
tions or compounds.
Arsenic poisoning or its sepuelae________________________ Any process involving the use
o f arsenic or its preparations
or compounds.
Mining,
Ankylostomiasis________________

N EW BRUNSW ICK.
[The compensation law o f this Province is amended by ch.
12, Acts o f 1920, and ch. 10, Acts o f 1922. The changes are as
fo llo w s :
W a g e b a s is .
Section 2, paragraph (c ) is amended by ch. 7, Acts o f 1919, by
adding the words “ but not in any case to exceed the sum o f fifteen
hundred dollars per year.”
This paragraph is also amended by ch. 12, Acts o f 1920, by
adding thereto the follow in g :]
L e a rn e rs .
W here the workman was at the date o f the accident under
twenty-one years o f age and it is established to the satisfaction
o f the board that under normal conditions his wages would prob
ably increase, this fact shall be considered in arriving at his aver
age earnings or earning capacity.
[Section 7 is amended by ch. 10, Acts o f 1922, by adding
thereto the follow in g :]
W ork
o u t s id e
(a ) W henever a workman is engaged in work part o f w hich is
P r o v in c e .
to be perform ed in this Province and part in an adjoining
Province or country, the work shall be considered as done and
perform ed in this Province, and the workman shall be entitled
to be paid compensation under this p a r t: P r o v i d e d , The employer
includes such workman in his pay roll.
[Section 36 is amended by the same act by adding a new clause
to subsection (1 ), paragraph (d ), as fo llo w s :]
O rp h a n s.
( V ) When the dependents are children only, each child shall
receive the sum o f fifteen dollars per month until, if a boy, he
attains the age o f sixteen years or dies; or if a girl, she attains
the age o f eighteen year or dies.
[Also by making subsections (6 ) and (7 ) read as fo llo w s :]
Termination.
(6 ) Payments in respect o f female children shall cease when
the child attains the age or eighteen years or d ie s ; in case o f malt:
children when the child attains the age o f sixteen years or dies.
R e t r o a c t iv e e f(7 ) The amendments to section 36 relating to payments to
fcctwidows, invalid w idowers or children shall relate back to and
include all widows, invaFd widowers, or children as from the
first day o f January, 1919, but the increased monthly payments
shall actually take effect from January first, 1920.
[Section 39 is amended so as to read as fo llo w s :]
M e d ic a l, e t c .,
Sec. 39 (as amended by ch. 12, Acts o f 1920). (a ) E very w ork
edman entitled to compensation under this part, or who would have
been so entitled had he been disabled for seven days, shall be enti
tled to such medical and surgical' aid and hospital and skilled nurs
ing services and transportation as may be necessary as a result o f
the injury.
(b ) In this act “ medical a i d ” shall mean the medical and
surgical aid and hospital and skilled nursing services and transpor
tation as above mentioned.
(c ) In the industries within the scope o f part one o f this act,
such medical aid shall be furnished or arranged fo r by the board,
or as it may direct or approve, and shall be paid for by the board
out o f the accident fund, and the necessary amount shall be in
cluded in the assessments levied upon the employers.
(d ) All questions as to the necessity, character, and sufficiency
o f any medical aid furnished or to be furnished shall be deter
mined by the board.
(e ) The fees or charges fo r such m edical aid shall not be more
than would be properly or reasonably charged to the workman if
he were him self paying the bill, and except in the case o f an
224

M M

O f LAWS— W W

BRUNSWICK,

225

employer individually liable and himself furnishing the medical
aid, the amount thereof shall be fixed and determined by the
board and no action fo r any amount larger than that fixed by
the board shall lie in respect o f any medical aid herein provided
for.
( f ) It shall not be lawful, except as hereinafter provided in
clause ( g ), fo r any employer directly or indirectly to collect or
receive or demand from any workman any contribution towards
the expense o f medical aid, and every person contravening this
provision shall, fo r every contravention be liable to a penalty
not exceeding fifty dollars and shall also be liable, upon the order
o f the board, to reimburse the workman the amount o f any
amount so collected, received, or obtained.
(g ) W here any employer has now established or hereafter
establishes in connection with any industry carried on by him an
arrangement fo r furnishing medical aid to his workman which,
in the opinion o f the board, is at least as favorable to the work
men as that herein provided for, the board may, after investigat
ing the facts and considering the wishes o f both workmen and em
ployer, approve o f such arrangements, and as long as such approval
continues, such arrangements may be continued in lieu o f the
medical aid hereinbefore provided for, and if the injury is w ith
in the scope o f part one o f the act, the employer shall be en
titled to such reimbursement out o f the accident fund, or to such
reduction in his rate o f assessment as the board shall deem just.
But medical aid so furnished or provided shall be subject at all
times to the supervision and control o f the board.
(h ) Employers in any industries in which it is deemed proper F ir s t a id , e t c .
may be required by the board to maintain, as may be directed
by the board, such first-aid appliances and service as the board
may direct, and the board may make such order respecting the ex
penses thereof as may be deemed ju s t
( i) Every employer shall furnish to any workman injured in T r a n s p o r t a t io n ,
his employment, who is in need o f it, immediate conveyance and
transportation to a hospital, or a physician, or to the workmen’s
home, such transportation to be paid for by the board out o f the
general accident fund, and any employer failing so to do shall
be subject to a penalty not exceeding twenty dollars, to be col
lected upon the order o f the board.
( j ) W here in conjunction w ith or apart from the medical
aid to which workmen are to be entitled, free o f charge, further
or other service or benefit is, or is proposed to be, given or ar
ranged for, any question arising as to whether or to what extent
any contribution from workmen is or would be prohibited by this
act, shall be determined by the board.
(k ) Every physician, surgical, hospital official, or nurse at- P h y s icia n s * re
tending, consulted respecting, or having the care o f any work- P o r t s man, shall furnish to the board from time to time without ad
ditional charge such reports as may be required by the board in
respect o f such workman.
( l ) In case o f any workman employed as a master, mate, Seamen, etc.
engineer, seaman, sailor, steward or fireman, or in any other
capacity on board o f any vessel on which duty has been paid or is
payable for the purpose o f the sick mariners’ fund, under Part V
.of the Canada shipping act, being chapter 113 o f the Revised
Statutes o f Canada, 1906, the above sections shall not apply to
such workmen during the period in respect o f which such duty
has been paid or is payable.
[Section 67 is amended by ch. 12, Acts o f 1920, by inserting
after the w ord “ y e a r ” in the first line the words, “ or so soon
thereafter as the board may deem expedient.” ]

NOVA SCOTIA,
[The law o f this Province w as amended by acts o f 1920, 1921,
and 1922. The changes are indicated below.
Section 2 is amended by chapter 26, A cts o f 1922, by inserting
in paragraph ( f ) , after the w ord “ includes,” the w ords “ a
receiver, liquidator, executor, administrator, and any person
appointed by a court or a judge who has authority to carry on
an industry.”
Also by adding to paragraph (n ) the w ords “ a receiver,
liquidator, or other person, appointed by a court or a judge w ith
power to manage or carry on the business o f a company fo r
winding up or other purposes, shall not be deemed a workman.”
Also by adding a new paragraph ( r ) .]
D e fin itio n .
(r ) The w ord “ w id o w ” and the w ords “ invalid w id o w e r” in
section 35 refer to the w idow or invalid w idow er o f a workm an
whose death results from an accident compensable under part 1.
[Section 8a is amended by ch. 48, Acts o f 1921, by changing
the wage rate in paragraph (c ) from $1,200 to $780.
Section 11 is amended so as to read as fo llo w s :]
R e m e d y e x c iu S e c . 11 (as amended by ch. 26, Acts o f 1922). The provisions
sive*
o f this part shall be in lieu o f all rights and rights o f action,
statutory or otherwise, to which a workman or his dependents
are or may be entitled against the employer o f such workm an
fo r or by reason o f any accident in respect o f which compensa
tion is payable hereunder or w hich arises in the course o f the
w orkm an’s employment in an industry under this part at the
time, o f the accident, and no action in respect to such accident
or any injury arising therefrom shall lie. This section shall not
apply where the workman and the work he was engaged in at
the time o f the accident w ere not within the operation o f this
part.
[Section 15 is amended by ch. 26, A cts o f 1922, by changing the
last w ord in subsection (1 ) from “ in ju r y ” to “ accident.”
Also by ch. 42, Acts o f 1920, by adding a new subsection (3 ) as
fo llo w s :]
lim itation .
( 3 ) The foregoing subsection shall not apply where death
results from an injury, but in such case no compensation shall be
payable to a dependent under this part, unless application fo r
such compensation is made within one year and unless the
person applying for compensation establish his right thereto to
the satisfaction o f the board within fifteen months after the
occurrence o f the death.
[A lso by ch. 26, Acts o f 1922, by adding a new subsection (4 ),
as fo llo w s :]
D e fe r r e d d is a ( 4 ) i f an accident causes injury, fo r which the workman
bility.
receives medical aid within 30 days, but disability compensable
under this part does not arise until after the expiration o f twelve
months from the date o f the accident, after w hich period dis
ability o f a serious and permanent nature does arise, the board
may, in its discretion, if satisfied that the disability is the result
o f the injury, extend the times mentioned in subsections (1 ) and
(2 ) o f this section. This section shall take effect retroactively
as o f January 1st, 1920.
[Section 15a is amended by ch. 42, Acts o f 1920, by adding to
subsection 7 the fo llo w in g :]
Medical
The board fo r the purpose o f approving o f any such arrangesc h e m e s .
ment may take into consideration contributions voluntarily or
by agreement w ith workmen made by the employer to any relief
226

TEXT OE LAW S— SfOVA SCOTIA.

227

or other association o f which at least the m ajority o f workmen
o f such employer are members. Any arrangement or practice
in force on December 31st, 1919, and which has since been
continued for providing medical aid for workmen in any industry,
although at the expense o f workmen, may be temporarily con
tinued unless otherwise ordered by the board pending the adoption
o f such arrangement as may meet w ith the approval o f the
board, and while such temporary arrangement or practice is so
continued the board shall not be liable to furnish medical aid
to any workmen entitled to medical aid under such arrangement
or practice. This section shall be effective as o f January 1st,
1920.
[Section 35 is amended so as to read as fo llo w s :]
. Sec. 35 (as amended by ch. 42, A cts o f 1920, and ch. 26, A cts Co mp ensation
o f 1922). (1 ) W here death results from an injury, the amount o f for d
compensation shall be-r(a ) The necessary expenses o f the burial o f the workman, not
exceeding $75.
(b ) W here the w idow or an invalid widow er is the sole de
pendent, a monthly payment o f $30.
(c ) W here the dependents are a w idow or an invalid w idow er
and one or more children, a monthly payment o f $30, with an
additional monthly payment o f $7.50 for each child under the age
o f 16 years, not exceeding in the whole $60; a w idow entitled to
compensation by reason o f the death o f her husband, or an invalid
w idower entitled to compensation by reason o f the death o f his
wife, shall not be entitled to any further compensation as a de
pendent o f any other workman whose death results from an acci
dent, and any compensation payable to such w idow or invalid
widower, in any capacity other than that o f a w idow or invalid
widower, shall cease when such w idow or invalid w idower be
comes entitled to compensation as a w idow or invalid widower.
(d ) W here the dependents are children, a monthly payment o f
$15 to each child under the age o f 16 years not exceeding in the
whole $60.
(e ) W here no compensation is payable under (b ), ( e ) , o r ( d ) ,
and persons other than those mentioned in the foregoing clauses
are dependents, a sum reasonable and proportionate to the pecu
niary loss to such dependents occasioned by the death, to be
determined by the board, but not exceeding $30 per month to a
parent or parents, and not exceeding in the whole $45 per month.
( f ) W here compensation is payable to or fo r a child under
(c ) or (d ) or under section 37, subsection (2 ), no additional
compensation shall be payable w ith respect to such child by reason
o f the subsequent death from an injury o f any person upon whom
such child was w holly or partly dependent.
(2) In the case provided for in clause (e ) o f subsection (1 ),
the payments shall continue only so long as in the opinion o f the
board it might reasonably have been expected had the workman
lived he would have continued to contribute to the support of the
dependents.
(3 ) Where there are both total and partial dependents the
compensation may be allotted partly to the total and partly to
the partial dependents.
(4 ) Exclusive o f the expense o f burial, the compensation pay
able as provided by subsection (1 ) shall not in any case exceed 55
per cent o f the average earnings o f the workman, and if the
compensation payable under that subsection would in any case
exceed that percentage it shall be reduced accordingly, and where
several persons are entitled to monthly payments the payments
shall be reduced proportionately.
(41) The foregoing subsection (4) shall not apply to compensa
tion payable under clauses (b ), ( c ) , or (d ) o f said subsection
(1 ) : P r o v i d e d , h o w e v e r , That the dependents o f a workman whose
death results from an injury received while in the employ o f an
incorporated company shall not be entitled to compensation in
excess o f that provided by the foregoing subsection (4 ) if—

w o r k m e n ’s

COMPENSATION LAWS OP CANADA.

(a ) Such workman at the time o f the accident w as an officer
and also a shareholder o f such incorporated company, or
(b ) I f a m ajority o f the shares o f such incorporated company
w as owned at the time o f the accident directly or indirectly by
such workman or by the workman and any members o f his fam ily,
or by any members o f his fam ily.
This subsection (4$) shall be deemed to have been in force
since January 1st, 1920.
(5 ) W here death results from an injury, or after an in ju ry
from any cause, any compensation payable w ith respect to any
portion o f the period between the date o f the injury and the date
o f the death may be paid by the board to the w idow or to such o f
the dependents o f the deceased workman as the board may deem
advisable, and in case o f minors or persons o f unsound mind,
payment may be made as provided in section 44.
(6 ) Any compensation payable to a dependent who dies before
such compensation is paid may be paid to such member or mem
bers o f the fam ily o f the deceased dependent, or to such person
or persons caring or providing fo r the deceased dependent prior
to his or her decease, as the board may deem advisable.
[Section 36 is amended so as to read as fo llo w s :]
R e m a r r ia g e o f
Sec. 36 (a s amended by ch. 42, Acts o f 1920). (1 ) I f a dependw id o w .
ent w idow marries, her right to compensation under (b ) or (c )
o f subsection (1 ) o f section 35 shall cease, but she shall be enti
tled to $20 a month for a period o f 25 months from the date o f
the marriage, or, in the discretion o f the board, to be paid an
amount equal to such payments in one or more amounts, payable
during the said 25 m onths; and upon payment o f same all pay
ments o f compensation to her shall cease.
(2 ) Subsection (1 ) shall not apply to payments to a w idow in
respect o f a child.
[A new section, 37a, is added by ch. 42, Acts o f 1920, defining
the application o f that act to then existing claims. (O m itted
because transitory.)
P a r t i a l d is a b ilSection 39 is amended by the same act, by making the phrase
ity.
in subsection (2 ) which read “ is able to earn after,” now read
“ w as able to earn before.”
Section 44 is amended by ch. 26, Acts o f 1922, by adding to
subsection (2 ) the words, “ in case o f a child under sixteen any
compensation payable to such child^may, in the discretion o f the
board, be paid to the institution to w hich such child has been
committed.”
Section 46 is amended by the same act by adding to subsection
(1 ) thereof the fo llo w in g :]
W ith h old in g
in the case where the board is o f opinion that any workman
p a y m en ts.
entitled to compensation under this part is likely to use the money
in gambling or otherwise than fo r the benefit o f his w ife or his
children or persons dependent upon such workman, the board, in
its discretion, may withhold or suspend the payment o f compen
sation fo r such period as the board deems advisable. W here
compensation is so withheld the board may, in its discretion, pay
such compensation so withheld, or any portion thereof, to the
Wife or children or to any person who was or any persons who
were at the time o f the accident dependent upon such injured
workman, or such compensation may be paid to a trustee ap
pointed by the board, to be expended fo r the benefit o f the w ork
man, his w ife or children or persons dependent upon him.
[Section 68 is amended by the same act by adding thereto the
follow in g :]
C o lle c tin g
i- The board may enter judgment as provided by this section
s essm en ts.
against the executors or administrators o f a deceased person fo r
the amount due upon any assessment made upon the deceased in
his lifetim e or made upon the executors or administrators o f his
estate with respect to an industry carried on by the deceased in
his lifetime, and it shall not be necessary to obtain leave o f any
court or judge fo r such purpose.

TEXT OE LAWS— tfOVA SCOTIA,

229

t Section 74 is amended by ch. 42, Acts o f 1920, by adding to
subsection (3 ) thereof the fo llow in g :]
C o n tr a c t o r s .
P r o v i d e d , That in the absence o f any term in the contract or
subcontract to the contrary the principal shall be entitled to
recover from the contractor and the contractor from the subcon
tractor the amount or proportionate part o f any assessment paid
by the principal with respect to the contractor or his workmen
or paid by the contractor in respect to a subcontractor or his
workmen.
[Also by ch. 26, Acts o f 1922, by adding a new subsection, as
fo llo w s :]
(4 )
In any case where a principal is or may become liable forR ig h t s o f p r in
c ip a ls .
an assessment with respect to work carried on by a contractor the
principal shall be entitled to withhold from any moneys payable
to the contractor such amount as the board may estimate as the
probable amount for which the principal is or may become liable,
and in any action that the contractor may bring against the prin
cipal the principal shall have the right to offset such amount and
the contractor shall not be entitled to recover from the principal
any portion o f same, but after final adjustment by the board o f
the amount due with respect to the work carried on by the con
tractor the contractor shall be entitled to any amount still re
maining in the hands o f the principal after payment o f the
amount due the board. As between the contractor and subcon
tractor, the contractor shall be deemed a principal.
[Section 76 is amended by ch. 26, Acts o f 1922, by making sub
section (2 ) read as fo llo w s :]
(2 ) The amount o f any assessment and any judgment with
A ssessm en t
a
respect to same shall be a first lien upon all the property, real, lie n .
personal, or mixed, used in or in connection with or produced in
or by the industry with respect to which the employer is assessed,
though not owned by the employer, subject only to municipal
taxes, and the amount levied under execution upon any such judg
ment to the extent o f the amount due upon such execution shall
forthwith be paid by the sheriff or his deputy to the workmen’s
compensation board. Any real estate o f an employer that may
not be otherwise bound by or subject to a lien created by this
part shall be bound to the same extent as a registered judgment
or mortgage by any assessment made under this part against such
employer from the date o f the lodging o f a certified copy o f such
assessment in the registry o f deeds for the district in which such
real estate is situate, and any judgment entered with respect to
such assessment shall bind such property from the date o f the
lodging o f such assessment. The registrar o f deeds shall record
such copy o f assessment. This subsection shall apply to all
assessments made or payable after January 1st, 1917.
[Section 83 is amended so as to read as fo llo w s :]
S e c . 83 (as amended by ch. 26, Acts o f 1922). This part shall
F a r m la b o r e r s ,
not apply to farm laborers, or domestic or menial servants or their e t c .
em ployers: P r o v i d e d , h o w e v e r , That the board, upon the applica
tion o f an employer, may, upon such terms and conditions as the
board may impose, admit the industry in which such laborers or
servants are employed, and in case o f such admission and while
such admission is in force, such industry and the workmen and
servants engaged therein shall be within the scope o f this part
and shall be subject to all the provisions o f this part and o f
regulations made by the board.

ONTARIO.
[T h e workmen’s compensation act o f this Province w as
amended by ch. 43, Acts o f 1920, and ch. 56, Acts o f 1922. The
changes are indicated b elow :
Section 8 is amended by ch. 56, Acts o f 1922, by adding thereto
a new subsection, as fo llo w s :]
N onresident
(4 ) Notwithstanding any provisions elsewhere contained, where
w o rk e rs .
a workman in the employ o f a railw ay company has been obliged
by the nature o f his work to change his residence from Ontario
to a place outside o f Ontario, the dependents o f such workman,
who have become nonresidents o f Ontario by reason thereof, shall
in respect o f an accident to such workman happening in. Ontario,
be entitled while residing in Ontario to the same compensation
as if they w ere residents o f Ontario at the time o f the workm an’s
death, and this provision shall apply to all pension payments to
dependents accruing after the coming into effect o f this act,
whether the accident happened before or after that date, and
whether the award o f compensation has been heretofore, or is
hereafter made, but shall not entitle any person to claim addi
tional compensation for any period prior to the coming into e f
fect o f this act.
[A new section is added as fo llo w s :]
Levi.es for in- Sec. 31b (added by ch. 43, Acts o f 1920). The additional
crease
en e s. moneys necessary to provide fo r increases o f compensation in
respect o f accidents previously happening may be levied and
collected by the board from the employers either now, pre
viously, or hereafter carrying on industries under Part I, in such
manner and at such time or times as the board may deem most
equitable and most in accordance with the general principles
and provisions o f this act, and in the case o f schedule 1 employers,
such levy and collection may be by w ay o f addition to the usual
assessment or by levy o f special or additional assessment or as
sessments, and in the case o f schedule 2 employers, by w ay o f
additional deposit or capitalized amount as may be necessary to
provide fo r such increases.
B en efits.
[Section 32 is amended by ch. 43, Acts o f 1920, by advancing
the burial expenses in subsection (1 ), paragraph (a ) from $75 to
$125; by advancing the allowance in paragraph (b ) from $30 to
$40; by changing $30 to $40, $7.50 to $10, and $10 to $15 where
they o c c u r ,in paragraph ( c ) , and by striking therefrom the
words, “ not exceeding in the whole $60 ” ; by changing $10 to $15
in paragraph ( d ), and by striking therefrom the words, “ not ex
ceeding in the whole $60;” by striking from paragraph (e ) all
after the w ord “ b o a rd ;” and by adding new subsections, as
fo llo w s :]
F o s t e r m o th e r s ,
( l a ) W here the workman leaves no w idow or the w idow
subsequently dies, and it seems desirable to continue the ex
isting household, and an aunt, sister, or other suitable person
acts as foster mother in keeping up such household and main
taining and taking care o f the children entitled to compensa
tion in a manner which the board deems satisfactory, such foster
mother while so doing shall be entitled to receive the same
monthly payments o f compensation for herself and the children
as if she were w idow o f the deceased, and in such case the
children’s part o f such payments shall be in lieu o f the monthly
payments w hich they would otherwise have been entitled to
receive;
230

TEXT

OF LAWS— ONTARIO,

231

( l b ) In addition to any other compensation provided for the
widow, or where the workman leaves no widow, the foster mother,
as in subsection l a described, shall be entitled to a lump sum o f
$ 100.

[Also by changing 55 to 6G§ in subsection (5 ), and by striking
out subsection (6 ).
The act making the foregoing changes in the amount o f com
pensation contains the follow ing provision as to the application
o f the in crease:]
The increases in the amount o f compensation payable under the . A p p li c a t i o n o f
workmen’s compensation act in cases o f injury resulting in d ea th increasesshall apply to all pension payments accruing after the coming
into effect o f this act, whether the accident happened before or
after that date, and whether the award o f compensation has been
heretofore or is hereafter made, but nothing in this section con
tained shall entitle any person to claim additional compensa
tion for any period prior to the coming into effect o f this act.
[Sections 37 and 38 are amended by ch. 43, Acts o f 1920, by
changing the figures 55 to 66§ when they occur.
A new section is added as fo llo w s :]
Sec. 40a (added by ch. 43, Acts o f 1920). The amount o f Minimumbene‘
compensation to which an injured workman shall be entitled for ts*
temporary total or permanent total disability under the provisions
o f the workmen’s compensation act shall not be less than $12.50
per week, or, where his average earnings are less than $12.50
per week, the amount o f such earnings, and fo r temporary par
tial or permanent partial disability a corresponding amount in
proportion to the impairment o f earning capacity.
[Section 44a is amended by ch. 43, Acts o f 1920, by adding to M e d ic a l, e t c .,
subsection (1 ) the words, “ and shall be entitled to such artificialaid*
member or members and apparatus as may he necessary as a
result o f the injury and to have the same kept in repair for a
period o f one y ea r; ” also, by adding to subsection (2) the words,
“ and the artificial member or members and apparatus and re
pair.’’]

QUEBEC.
[The compensation act o f this Province is amended by ch. 69,
Acts o f 1919, and by ch. 75, Acts o f 1920, as fo llo w s :
Section 7321 is amended by ch. 75, Acts o f 1920, by adding
thereto the follow in g :]
p u b l i c e m p lo y Whenever a municipal corporation undertakes or executes pubces*
lie w orks itself, under such conditions as would render a con
tractor liable under the provisions o f this act, it shall become
liable itself.
[Section 7322 is amended by the same act by changing $2,500
to $3,000 in subsection 2.
Benefits.
Section 7323 is amended by the same act by making the mini
mum and maximum death benefits $1,500 and $3,000, in the first
paragraph ; also by making the allowance in the second paragraph
$50 instead o f $25, and striking out the remainder o f the para
graph after the w ord “ expenses.”
In clause (c ) the w ord “ prin cip a l” is substituted fo r the w ord
“ only ” by chapter 69, Acts o f 1919.
Section 7326 is amended to read as fo llo w s :]
M a x im u m b a s ic
S e c . 7326 (a s amended by ch. 75, Acts o f 1920). I f the yearly
w age.
remuneration o f the workman exceeds one thousand dollars, no
more than such sum shall be taken into account. The surplus
up to fifteen hundred dollars shall give a right only to one-fourth
o f the compensation aforesaid.
This subsection shall not apply in cases where the yearly remu
neration exceeds fifteen hundred dollars.
[Section 7328 is amended by ch. 69, Acts o f 1919, by adding
thereto the fo llo w in g :]
Computing in the case where the workm an receives a fixed wage, he shall
wages*
not be bound, in calculating the year’s wages, to take into ac
count any remuneration he may have received fo r overtime work.
232

DOMINION OF CANADA.
[The compensation law o f the Dominion was amended by ch.
14, Acts o f 1919, by making subsections (3 ) and (4 ) o f section 1
read as fo llo w s :]
(3 ) Any compensation or costs awarded hereunder may be paid
by the minister o f finance out o f any unappropriated moneys in
the consolidated revenue fund o f Canada; or the minister o f
finance may from time to time take such amount o f money as
may be authorized by the governor in council from the con
solidated revenue fund and deposit such money with the board,
officers, authority, or court authorized by the law o f any Province
to determine compensation cases, from which deposit such board,
officers, authority, or court may pay any compensation and costs
awarded under the provisions o f this a c t In any Province where
the general administration expenses o f maintaining such board,
officers, or other authority or court are paid by the Province or
by contributions from employers, or by both, the minister o f
finance may pay out o f any unappropriated money in the consoli
dated revenue fund o f Canada such portion o f such expenses as
is fair and reasonable and is authorized by the governor in
council.
(4 ) P r o v i d e d , That no employee on the Canadian Government
Railw ays who is an employee within the meaning o f the Inter
colonial and Prince Edw ard Island Railways Employees Provident
Fund A ct and becomes permanently disabled from follow ing his
usual occupation in the service, as a result o f injuries received
while on duty and actually at work in the service, shall be enti
tled to receive compensation, under the provisions o f this act, for
such injuries, unless he elects to accept prior or subsequent to
the injuries such compensation in lieu o f the allowance payable
under the provisions o f the provident fund act, section twelve,
class D, and gives notice in writing o f such election both to the
management o f the railways and to the provident fund board:
P r o v i d e d , h o w e v e r , That the dependents o f any such employee
who has been or is killed subsequently to the twenty-fourth day
o f May, 1918, and who has not elected to accept compensation
under this act as aforesaid, shall nevertheless be entitled to com
pensation under this act as though such employee had so elected.

Fund.

O p t io n .

233

INDEX.
B ulletin N o.—

B ulletin N o.—

2 72

332

272

332

Page.

A brogation of defenses. (See
Defenses.)
A ccidental in ju ry as p roxi
m ate cause, decisions as to . 128-135
A ccident boards. (See Com
m issions, adm inistrative.)
A ccidents, notice and claim
for, decisions as to ................. 244-248
A ccidents, notice and claim
for. law as to:
278
Alabam a..........................
Alaska...................................
293-295
A lberta................................. 1057,1062
304,305
A rizona........................... .
1079
B ritish C olum bia...............
315,316
California_______ ________
318,319
Colorado............................... 348,359
C onnecticut......................... 373,377
381
392,395
D elaware.............................
Georgia.................................
408
H aw aii.................................
Idaho.................................... 421,422
448
Illin ois..................................
Indiana................................
455,456
471,472
Iow a.....................................
K ansas................................. 494,495
K en tu cky...........
Louisiana............
M aine...................
M anitoba.............
M aryland............
M assachusetts...
M ichigan.............
M innesota...........
M issouri...............
M ontana..............
N ebraska.............
N evada................
New B runsw ick.
New H am pshire.
New Jersey.........
New M exico.......
New Y ork ...........
N orth D a k o ta ...
N ova S cotia.......
O hio.....................
O klahom a...........
Ontario................
O regon............... .
P en n sylvan ia....
P orto R ico ..........
Q uebec............... .
R hode Island___
South D akota.. .
Tennessee............

500-508
513
529,532
542
1090-1093
563,566
573,574
594
612,613
632,633
647,652
604,665
677,685
699,700
1112,1115
1116
705
712,713
717,724
732,733
735
748,749
753
774
1128,1129
1133,1134
787
800-802
1146
824,825
835,836
838,839
858,859
1170
869
882
896

201

34,35
54

59
207,208
69
71
85, S6

109,110

122,123
127

164,165

A ccidents, n otice and claim
for, law as to—C oncluded.
T exas...................................
917
U tah.....................................
932
V erm ont.............................. 950,951
V irginia...............................
961
W ashington........................
985
W est V irginia.....................
1011
W iscon sin...........................
1024
W yom ing............................
1035
Y ukon T erritory................ 1173,1174
U nited States, civ il em' ployees.............................
1046
A ccidents, reports of, law as to:
Alabam a.............................. 284,285
1062
A lberta................................
B ritish C olum bia...............
1079
Colorado..............................
348
C onnecticut........................
377
D elaware............................. 396,397
Georgia................................
m
H aw aii.................................
Idaho.................................... 431,432
Illin ois.................................
451
Indiana..............................
464
I<Hhra.....................................
483
K en tu ck y............................
513
M aine...................................
547
M anitoba.............................
1104
M aryland.............................
563
577,578
M assachusetts....................
M ichigan.............................
598,599
620,621
M innesota...........................
M issouri...............................
631
652,660
M ontana..............................
666
N ebraska.............................
680
N evada................................
698,699
N ew B runsw ick.................
1116
New Y ork ...........................
763
N orth D akota....................
775
N ova S cotia........................
1134
O hio.....................................
794,795
O k la h om a ........................
808
O ntario....... ........................
1162
O regon.................................
825
Pennsylvania.....................
848
P orto K ico..........................
858
R hode Island......................
876
South D akota....................
889
T exas................................... 918,919
U tah....................................
940
V erm ont.............................. 954,955
V irginia............................... 967-969
W ashington........................
986
W est V irginia....................
998,999
W yom ing.........................
1035
U nited States, civ il em
ployees. ............................
1047
A ccidents, w hat are, deci
sions as to ...............................
107-118
A dm inistrative boards. (See
Comm issions, adm inistra
tiv e.)
A dm iralty, decisions as to ___
160-164

177,178

190

196

207

91,92

136

164
170

185

196

A d m ir a lty , la w a s t o ..

23$

236

A ge to be considered in m ak
ing awards, law requiring:
____
pritish Cnlnm bia.
C alifornia.............................
Illin ois.................................
Iow a .....................................
K en tu cky............................
M aryland.............................

INDEX,

B u lletin N o.—

B ulletin N o.—

2 72

332

2 72

332

Page.

1074
314,317
351,357
419
441
476
505
1092
565
584
629
697

M issouri...............................
N evada................................
N ew B runsw ick.................
746
N ew Y ork ............................
767,768
N orth D akota....................
1134
N ova S cotia........................
791
O hio......................................
798
Oklahom a...........................
1147
O ntario.................................
886
South D akota.....................
914
T exas...................................
938
U tah .....................................
W iscon sin........................... 1021,1023
U nited States, civ il em 1043,1046
A ggravation of prexisting
128-134
conditions, decisions as to ...
Agreem ents, law as to:
A labam a.............................. 269,270
292
A laska..................................
304-306
A rizona................................
325
California.............................
P aIA|*qHa
361
f!rmnor>t innt
377,378
Oolawaro
393
Ofinrcna
TTawaii
409
421,424
TIIitiaiq
444,448
Indiana
462,464
478,480
X
T"QtlQQQ.................. .
495
JtVaUoclij
T
Z*nntn/>Vt7 ...................... .
510,512
JVCUtUUkjf
513
Tinniciond.
528,530
545-548
1irdQGQ/>Vl11CAttQ
575
TUTinV»icron
596 599
Ifinnocnta
614!615
]kfissnnri
632
VnViroclra ................... .
678,680
i^vDIaoAa.
Mow TTomnchiro
706,707
*Wpw
Tni*cnv................. .
713,714
ilVTf tfWWJ
"Maw VnrV
749,750
800,801
Oklahom a...........................
O ntario.................................
1146
Ponncvlronift
838.848
1169,1170
QUfil'M*’r- ____ P I i/vIa Tclarwl
871,876
878
Pro^th D akota___
r
883,888
T athuvism___
. , 897,903
Texas
_T_T.............
914
Varim ontT, _
. , . ITi. t1
944
949-951
V irg in ia ..
960,967
W isconsin .
1024,1025
Y ukon Tarritory
1176
Agrionltiira^ axolnsion o f .
135-137
A labam a:
A nalysis of law o f... T1Itl.
21
T avt o f law o f
,
267-288
A laska:
A nalvsis of law o f. __
22
80,81
C onstitutionality oflaw of.
Text of law of................... 289-300

208

224
119

189

34,42

106
109
123

169
171

183

Alaskan R ailw ay, law relat
ing to ....................................... 1049,1050
A lberta:
259
A nalysis of law o f..............
T ext of law o f..................... 1051-1066
A lien beneficiaries, nonresi
dent, decisions as to (see
also
Representation
of
aliens b y con su ls).................. 169,170
A lien beneficiaries, nonresi
dent, law as to:
Alabama
279
A lberta.................................
1056
1072
B ritish Colum bia...............
Colorado
354
CnnrwmH/nif
374,375
D p,1awarp.
394
frpnnna
H awaii
404
Idaho....................................
418
437
Illin ois.................................
475
490
Kansas.................................
506
K en tu cky............................
536
M aine...................................
M anitoba............................. 1088,1089
1105
Marvland
562
614,615
M innesota...........................
646,647
M ontana..............................
Nebraska
674,675
695
N evada................................
New B runsw ick................. 1111,1122
705
New H am pshire.................
712
N ew Jersey..........................
738
N ew M exico........................
748
New Y ork...........................
1128
N ova S cotia........................
795
O hio.....................................
800
Oklahom a...........................
1144
Ontario................................
Oregon................................. 814,824
835
Pennsylvania.....................
1169
Q uebec.................................
South D akota.....................
903
Tennessee............................
915
T exas...................................
930
U tah....................................
964
V irginia...............................
975
W ashington........................
1011
W est V irginia.....................
1023
W isconsin...........................
1034
W yom ing............................
1177
Y ukon T erritory................
A m ount o f com pensation, law
as to:
Alabam a.............................. 270-277
A lberta................................. 1057-1061
Alaska.................................. 289-291
A rizona................................ 302,303
B ritish Colum bia............... 1071-1074
California............................. 312-315
352-359
Colorado..............................
374-376
C onnecticut........................
389-392
Delaware...........................
Georgia.................................
H aw aii................................. 403-408
Idaho.................................... 416-421
436-441
Illin ois.................................
Indiana.................................
456-460
Iow a .................................. 472-475
K ansas.............................
490-493
K en tu cky .......................... 501-507
525-528
Louisiana ..........................
540-543
M aine............................. .
M anitoba ................. ......... 1093,1094

20
197-201

24
QO
Oo

61
205,210
67
86

108
122

171
176
185

199,200
202
24
36-39
49-50
53

56
58,59
61
210,211

INDEX,

237

B ulletin N o.—
2 72

332

2 72

3 32

Page.

Page

Page.

A m ount o f com pensation,
law as to—C oncluded.
M aryland............................. 560-563
570-573
M assachusetts....................
590-593
M ichigan.............................
607-612
M innesota...........................
M issouri............................... 625-629
619-651
M ontana..............................
672-674
N ebraska.............................
694-699
N evada................................
1114,1115
N ew B runsw ick.................
New H am pshire................. '705,706
N ew Jersey.......................... 709-712
729
New M exico........................
735-738
New Y ork ............................ 746-748
767-769
N orth D akota....................
N ova S cotia........................ 1129,1132
O hio.....................................

1133
789-791
793
798-800
1149,1150
819-823
831-833
855
856,857
1168,1169
866-871
882-886
896-901
909-913
* 936-938
946-949
961-964
979-983
1006-1011
1017-1022
1038-1040
1175-1176

Oklahom a...........................
O ntario................................
O regon.................................
Pennsylvania......................
P hilippine Islands.............
P orto ttic o ..........................
Q uebec.................................
R hode Island......................
South D akota.....................
Tennessee............................
Texas...................................
U tah....................................
V erm ont..............................
V irgin ia...............................
W ashington........................
W est V irgin ia....................
W iscon sin...........................
W yom ing............................
Y ukon T erritory...............
U nited States, civ il em
ployees............................. 1043-1046
{See also Schedule rates.)
A nalysis o f Canadian law s.
(See under nam e of Prov
in ce.)
A nalysis of State law s. (See
under nam e o f State.)
251,252
A ppeals, decisions as to .........
A ppeals. (See S uits.)
“ A rising out of and in course
o f em ploym ent” ....................
170-188
A rizona:
23
A nalysis o f law of..............
C onstitutionality o f law of. 69,70,82

83,89,90
98

Provision o f constitution
o f ......................................
Tp.xt. of law of. .
Assignm ents, attachm ents,
etc., law as to:
A labam a...........................

Alaska.........
Alberta .
Arizona__
■Rritish Columbia

California.............................
Colorado................
C onnecticut___
D elaware.............................
Ceorgia..
H aw aii..................
Idaho...........
Illin ois__ r. . . _T..........
Indiana................................

32860°—23----- 16

B ulletin N o.—

65,66
70,71
73
78-83
105
107
224

120-122
142

227,228
151
230,231
156,157
160
161-163
232
169
171
175-177
179
182
189
193,194

ployees

16,17
2,14

411
426
447,448
455

493,494
507
531
543
1090
565
574
595
916
629
651
682
698
1112

707
716
754
775
1128
791
803
1146
824
837
863
1169
870
881
896
907
938
952,953
960
984

208

128

Washington
West Virginia
1011
1028
W isconsin....................... .
1041
W yom ing.................
Ynkon Territory
1174,1177
U nited States, civ il em

301
301-306
280,286
300
1057
305,306
1071
323
359
381
399

A ssignm ents, attachm ents,
etc., law as to—C oncluded.
K ansas.................................
K en tu cky........... ...............
Louisiana............................
M aine............ ......................
M anitoba.
.
.........
M aryland.............................
Massachusetts .
_____
M ichigan.............................
M innesota...........................
M issouri...............................
M ontana..............................
N ebraska.... ........ ...............
N evada.......
................
New B runsw ick................
New H am pshire.................
New Jersey.........................
New Y ork ...........................
N orth D akota....................
N ova S cotia........................
O hio.....................................
Oklahoma .................... .
Ontario... . Tr__
O regon.................................
Pennsylvania............
Porto R ic o ..
Q uebec.................................
R hode Island......................
South D akota__ r ............
Tennessee..........
Texas__
T.
U tah.....................................
Vermont. .
V irgin ia.................. ..........

Attachm ents. ( See Assign
m ents, etc.)
A ttorn eys' fees, law as to:
A labam a.............................
A rizona................................
California.............................
Colorado...
C onnecticut........................
D elaware.............................
Oeorfda .
H aw aii.................................
Illinois___ T_ .
Indiana....... ............
Iow a.....................................
K ansas...............................
K en tu cky............................
Louisiana............................
M aryland.............................
M assachusetts....................
M ichigan.............................
M innesota...........................
M issouri...............................
N ebraska.............................
N ew H am pshire.................
New Jersey..........................
New M exico........................
New Y ork ...........................
N orth D akota....................
O hio.....................................
Oklahom a...........................
Pennsylvania.....................
P orto R ico ..........................
R hode Island......................

1047

268,286
305
323
360
381
399
411
443
464
478,483
498
513
531
566
576
597
606
629
670
707
708,715
725,726
738
751
775
793
802
844
864
866

76,77,98

124

INDEX.

238

A ttorn eys’ fees, law as to —
C oncluded.
South D akota.....................
Tennesson ..........................
T exas...................................
U tah....................................
V erm ont............... .............
V irginia...............................
W ashington........................
W est V irginia.....................
W isconsin...........................
W yom ing............................
Average weekly wages. (See
Earnings, determ ination of,
as basis of aw ards.)
A w ards, am ount of. (See
A m ount of com pensation.)
Aw ards, decisions as t o ...........

B u lletin N o.—

B ulletin N o.—

272

332

272

832

Page.

A w ards, determ ination o f, law
as to—Concluded.
Tennessee.......................

889
903
909
177
953
968
988
1012
1028
1041

V erm ont............................
V irginia...............................
W ashington......................
W est V irginia.....................
W iscon sin...........................
W yom ing............................
Y ukon T erritory................

223-231
248-249
Aw ards, determ ination of,
law as to:
A labam a.............................. 278-281
A laska.................................. 294-297
A lberta................................. 1052,1053
1056,1057
304-306
1074,1084

lUoD

California.............................

Colorado
P c n n n p f i/M if

T1 /loc ilad wWoclxr nc •.................................
A p n rH a

319-323
333-339
361-365
378-384
393-395

H aw aii................................. 409-411
Idaho.................................... 424-426
Illin ois.................................. 444-449
Indiana................................
462-464
Iow a .....................................
479-484
K ansas................................. 494-498
K en tu cky............................ 510-513
Louisiana............................. 529-531
M aine................................... 544-548
M anitoba............................. 1090,1093
M aryland............................. 563-565
M assachusetts....................
575-577
M ichigan.............................
596-600
M innesota...........................
613-616
M issouri............................... 632-635
M ontana..............................
651-656
Nebraska.............................
677-682
N evada................................
699-703
New B runsw ick................. 1113,1114
1116
New H am pshire................. 704-707
N ew Jersey.......................... 713-716
723-726
New M exico........................ 732-735
N ew Y ork............................ 749-754
758,759
N orth D akota..................... 774,775
N ova S cotia........................ 1128-1132
O hio...................................... 787-789
791-795
Oklahom a............................ 800-803
Ontario................................. 1153,1154
Oregon.................................
821-827
Pennsylvania...................... 833-835
837-844
852,854
P orto R ico ..........................
858-860
Q uebec................................. 1170,1171
R hode Island...................... 871-874
South D akota..................... 888-891

T exas.................................
U tah........ ...........

24,25
27.28
34,40,42
43
50

59,60
62
206,212
213
73,74
92-97
106

108-112
123-126
128,137
151-153

165

171

897
901-906
913-917
934,935
938
944
950-952
960
965-968
983
985-988
1011-1014
1024-1031
1035-1037
1173,1174
1177

U nited States, civ il em
ployees............................. 1048,1049
(See also Agreem ents.)
Awards payable to benefici
aries dying, etc., during
com pensation period, law
as to:
A labam a.............................. 273,276
A lberta.................................
1059
A rizona................................
303
B ritish Colum bia...............
1072
C alifornia............................. 314,318
Colorado..............................
352,353
C onnecticut........................
374
Delaware............................. 391,392
Georgia................................
H aw aii................................. 404,405
Idaho..................................
416-418
Illin ois
436,437
439,440
Indiana
458
Iowa
473,474
Kansas
490,492
Kentucky
503,504
Louisiana
527
Maine
540,541
Manitoba
1094
Maryland
564
M assachusetts....................
571
M ichigan........................
590,591
593
M innesota.........................
610,611
M issouri...............
627
M ontana..............................
646
N ebraska...........................
675,676
N evada...............................
695
N ew B runsw ick.................
1115
711
N ew Jersev..........................
N ew M exico........................
731
N ew Y ork...........................
754,755
768,769
N orth D akota....................
N ova S cotia........................ 1132,1133
O hio.....................................
791
O ntario................................
1150
O regon................................. 820,821
Pennsylvania...................... 833,834
R hode Island......................
867
South D akota...............
885
Tennessee............................ 900,901
T exas...................................
910
U tah.....................................
938
V erm ont..............................
947
V irginia...............................
964
W ashington........................
981
1010
W est V irgin ia.....................
1023
W isconsin...........................
1040
W yom ing............................
U nited States, civ il em
ployees.............................
1045

190,191

200

210,211

81,83

128
228

176

INDEX.

239

B u lletin N o.—

B ulletin N o.—

Awards payable to State
when no beneficiary, law
as to:
California.............................
M assachusetts....................
New Jersey..........................
New Y o rk ...........................
U tah....................................
Awards, schedule of, for spe
cific d is a b ilit ie s . (See
Schedule.)
Beneficiaries, who are, law
as to:
Alaska..................................
A rizona................................
B ritish C olom bia...............
C alifornia.............................
C olora d o..:..........................
C onnecticut........................
Delaware.............................
"Hawaii
Idaho....................................
Illin ois .
Indiana..............................
Iow a...................................
K ansas...............................
K en tu cky..........................
Louisiana............
M aine...................................
M anitoba...........................
M aryland.............................
M assachusetts...........
M ichigan.............................
M innesota............................
M issouri...............................
M ontana.........................
N ebraska.............................
N evada.............................
New B runsw ick.................
New H am pshire...............
New Jersev.................
New M exico..................
New Y ork ............................
N orth D akota..................
N ova S cotia........................
O hio................................
Ontario.........................
Oregon.................................
Pennsylvania......................
P hilippin e Islan ds...
P orto R ico...........................
Q uebec...............................
R hode Island....................
South D akota............
Tennessee............................
T exas...................................
U tah.....................................

2 72

332

2 72

332

Page.

B eneficiaries, w ho are, law as
to—C oncluded.
V erm ont..............................

341
586
747,748
937

112
121

274,275
289-292
1051,1056
1058,1059
303
1067,1071
1072
314,315
318
352,353
374
391,394
400
38,39
404,405
416-418
436-438
459
472,473
477
489,490
503,504
526,527
536
1087,1093
1094
562,568
571,572
580
590,591
610,611
619
628
645-647
674-676
694,695
697,698
1009,1110
1114,1115
705,706
711,712
730,731
735,736
739
744,748
767-769
1123,1132
1133
790,791
1142,1145
1149,1150
814,819
822
833,834
855
857
1168,1169
866,867
882,883
900,901
909,910
922
937,938

58
61
203,204
69

81,82

106
224

120-122
226
151
230,231

V irginia
"Washington

943,946
947
964
975,979
980,983
1010,1011
1019,1023
1034,1040
1172,1176
1178

Wftst V irginia
W iscon sin...........................
W yom ing............................
Y ukon T erritorv...............
D om inion of Canada.........
U nited States, civ il cm nloyees............................. 1044,1045
Benefit funds, status of, de
99-102
cisions as t o ...........................
B enefits, am ount of. (See
Am ount of com pensation.)
B oards, adm inistrative. (See
Com m issions, adm inistra
tiv e .)
B ritish Colum bia:
A nalysis of law of..............
260
v4* oi law
Intir oa^i..................... 1067-1086
i ext
C alifornia:
Am endm ent o f constitu
tion o f...............................
307
24
A nalysis of law of..............
Constitutionality of law of. 87,88,93
T ext of law o f..................... 307-342
Canada:
Com pensation law s of.......
257-266
1051-1178
Progress o f legislation in .. 257,258
1178
Text of D om inion law o f..
1050
Canal Z on e.................................
Casual em ploym ent, decisions
140-146
as t o ........................................
20
Chart m ap..................................
Children
unlaw fully
em
ployed, decisions as t o ......... 153-155
Claim , subm ission o f. (See
A ccidents, notice and claim
for, by em ployees.)
Colorado:
25
A nalysis o f law of..............
T ext of law o f..................... 343-370
Com m issions, adm inistrative,
law as to:
284
A labam a..............................
A lberta................................. 1051-1054
1067
B ritish C olum bia...............
1083-1085
307,310
California.................. .........
334-340
Colorado............................... 343,349
350
365-370
C on n ecticu t.......................
376,377
381,383
384
395,396
Delaw are.............................
Georgia.................................
H aw aii................................. 408-410
413
Idaho.................................... 422-424
442-446
Illin ois.................................
460-463
Indiana................................
Iow a..................................... 478-484
K en tu cky............................ 508-512
M aine................................... 544-548
M anitoba............................. 1095-1098
M aryland.............................
M assachusetts....................

549-553
574-578
583

20
202

15,16
23

19
233

197

41-43

53
56,57
211-214
219
71

INDEX,

240

B u lletin N o.—

Com m ission, adm inistrative,
law as to—C oncluded.
M inhigfui..............................

N ebraska.............................
N bw ■Rmnswifilr _ .............
N ew H am pshire. ...............
N ew Y o r k ._____ ________
N ova S cotia ........................
O hio......................................
Oklahom a..........................
O ntario................ ............. _
O regon.................................
P orto R ic o ..........................
R hode Island......................
South D ak ota, ...................
Tennessee........ ...................
T exa s...................................
U tah.....................................
V erm ont..............................
V irgin ia ...............................
W ashington____ ________

2 72

3 32

272

332

Page.

595-600
615
632-638
639-641
645
683-685
689-694
1112-1114
704,705
723-726
757-759
761,765
769-772
1130-1132
777-782
805,809
1152-1159
810-812
829
851-854
858-862
877
887-899
906
916-922
925-929
940
942,944
966-969
988,989
992-996
997-1003
1024-1031

W est V irgin ia.....................
W iscon sin............................
U nited States; civ il em
ployees............................. 1047-1049
Com m issions, investigative,
list o f States having.............
9,10
Com m utation o f paym ents.
(See Paym ents, m ode of,
law as to .)
C om pensation. (See A m ount
of com pensation.)
Com pulsory system , law as to:
A lberta.................................
1054
A rizona................................
301
B ritish Colum bia...............
1069
C alifornia.............................
307
H aw aii.................................
403
Idaho....................................
415
Illin ois.................................
434,435
M anitoba.............................
1088
M aryland...........................
552
N ew B runsw ick................. 1110,1111
N ew Y ork ............- .......... .
740,744
745
N orth D akota.....................
766
1125
N ova S cotia ........................
O hio......................................
777
Oklahom a............................
797
O n tario................................
1143
P orto R ico ..........................
856
Q uebec.................................
1168
U tah.....................................
931
W ashington........................
973
W yom ing............................
1032
Y ukon T erritory................
1173
U nited States, civ il em nlovees______ _____ ____
1043
C onnecticut:
Analysis nf law nf , , , ,
26
T ext o f law o f...................
371-387
C onstitutions, provisions of:
Arizona__
_____, ___
301
California_________ .. ..__ t
307
New Y o rk ...........................
740

B u lletin N o.—

72,73
92-99
105
106

i i i , ii2
138-141
142
145

160
163,164
171

183
186

204
iis

4
24,25

C onstitutions, provisions of—
C oncluded.
777
O hio......................................
828
Pennsylvania.................... .
942
V erm ont..............................
1032
W yom ing............................
C onstitutionality and con
struction o f statutes (see
69-256
also under specific S tates). . .
Contractors and subcontrac
tors, lia b ility of, law as to:
283
A labam a..............................
A laska..................................
292
1078,1079
B ritish C olum bia...............
324
California.............................
351
Colorado...............................
372
C onnecticut........................
399
Delaw are.............................
Georgia.................................
Idaho....................................
451
Illin ois..................................
454,455
Indiana................................
477
Iow a.....................................
K ansas.................................
487
502
K en tu cky............................
525
Louisiana............................
M anitoba............................. 1089,1090
1100
567
M aryland.............................
577
M assachusetts....................
589
M ichigan.............................
617,618
M innesota...........................
624
M issouri...............................
M ontana..............................
646,647
671,672
Nebraska.............................
688,689
N evada................................
1119
N ew B runsw ick.................
708
New Jersey..........................
731
N ew M exico........................
765
N ew York...........................
1139
N ova S cotia........................
783
O hio..................... ; ..............
Oklahom a............................
797
O ntario............................... 1144,1145
828-830
Pennsylvania......................
851
864
P orto R ico ..........................
881
South D akota....................
895
Tennessee............................
T exas...................................
918
930
U tah.....................................
960
V irginia...............................
W ashington........................
986
W est V irgin ia.....................
999
W iscon sin...........................
1016
1174
Y u kon T erritory................
C ontract o f em ploym ent, sta
tus o f. (See E lection , m ode
o f, etc.)
Contracts o f w aiver. (See
Substitute schem es; w aiv
ers.)
C ontracts provid in g different
benefits. (Seet Substitute
schem es.)
C ontributions.
(See
Pre
m ium s.)
C ontributions b y em ployees,
law as to:
282
A labam a.............................
A lberta.................................
1056
B ritish C olum bia............... 1071,1076
327
C alifornia.............................
380
C onnecticut........ .
398
D elaw are.............................
Georgia.................................
M2
H aw aii.................................

14-18

34
52

56
206,217

72,73
89

132
229

167

185,186

20i

INDEX.

B ulletin N o.—

C ontributions b y em ployees,
law as to—C oncluded.

M issouri

...........................

„ N ew Y ork ............................
N orth D akota....................
O hio.....................................
Oklahom a...........................
O ntario................................
P orto R ic o .........................
Q uebec.................................
R hode island - Tennessee............................
T exas...................................
U tah....................................
V erm ont..............................
W ashington........................
W iscon sin...........................
(See also W ages, law as to
deductions from .)
Courts, adm inistration ofla w
by:
A labam a.............................

B ulletin N o.—

2 72

3 32

2 72

332

Page.

419,427
450
475,478
498
514,515
534
1090
593
617
630
648,652
677,681
687,693
694
1112
754
775
1128-1130
793
803
1146,1152
817
862
1169,1171
874
905
914
932,933
954
977,978
991
1025

269,270
278,279
295-297
Alaska..................................
304,305
A rizona................................
K ansas................................. 497,498
Louisiana............................. 530,531
616
M innesota...........................
N ew H am pshire................. 706,707
N ew M exico........................ 732-734
1171
Quebec.................................
R hode Island...................... 871-874
902
Tennessee............................
W yom ing............................ 1035-1037
Y ukon T erritory............... 1173,1177
Courts, appeal to . (See Suits.)
135-170
Coverage, decisions as to .........
Coverage. (^ E m p lo y m e n ts
and persons included and
excluded.)
Dangerous
em ploym en t s .
(See E m ploym ents, classi
fication of; also H azardous
em ploym ents.)
Defenses, abrogation of, deci
sions as t o ...............................
90,91
Defenses, abrogation of, law
as to:
267
A labam a.............................
A laska.................................
298,299
California............................. 307,311
C olorado..............................
345
C onnecticut........................
371
388
Delaware.............................
Georgia................................
Indiana..............................
454
Iow a....................................
468
K ansas................................
499
Kentucky......................
517

241

D efenses, abrogation of, law
as to—C oncluded.
Louisiana............................ 523,524
537
M aine...................................
570
M assachusetts....................
588
M ichigan.............................
606
M innesota...........................
622
M issouri...............................
641
206,207
M ontana..............................
N ebraska............................. 669,670
686
88
N evada................................
704
New H am pshire................
708
New Jersey.........................
729
New M exico........................
745
New Y ork...........................
773
N orth D akota....................
O h io..................................... 787,788
798
128
Oklahom a...........................
814
Oregon.................................
829
Pennsylvania.....................
863
P orto R ico ..........................
865
R hode Island......................
880,881
South D akota....................
895
Tennessee............................
T exas...................................
907
U tah....................................
934
V erm ont.............................. 944,945
V irginia...............................
960
W est V irginia....................
1006
W isconsin...........................
1015
Y ukon T erritory...............
1174
Delaware:
A nalysis ofla w o f..............
27
T ext ofla w o f................. .
388-401
D elinquent paym ents. (See
Paym ents, enforcement of
delinquent.)
Dependence, decisions as t o ... 214-222
Dependents. (See
Benefi
ciaries, w ho are, law as to .)
D isability, decisions as to (see
also Am ount of com pensa
tion ; Schedule rates)............ 199,214
D isability, total, when pre
sum ed, law as to:
A labam a.............................
272
Alaska..................................
291
A lberta................................
1059
314
California.............................
Colorado..............................
357
375
C onnecticut........................
390
Delaware.............................
Georgia................................
H aw aii................................
405,406
Idaho...................................
419
Illin ois.................................
439
474
Iow a.....................................
491
K ansas.................................
504
K en tu cky............................
525
Louisiana............................
541
M aine...................................
561
M aryland............................
610
M innesota...........................
M issouri...............................
627
651
M ontana..............................
673
Nebraska.............................
N evada................................
696
710
New Jersey.........................
New M exico........................
737
New Y ork ...........................
746
790
O hio.....................................
Oklahom a...........................
799
33,34
O regon................................. 819,820
832
Pennsylvania.....................
857
P orto R ico ..........................
R hode Island...................... 867,868

118

4
26-28

65
81

119

242

INDEX.

B u lletin N o.—

272

Page.
D isa b ility , tota l, when pre
sum ed. law as to— C oncld.
South D akota.....................
U tah
VAPmnnt _ . _
V irgin ia...............................
W est V irgin ia.....................
W yom ing
Disease as accident,^decisions
Disease, occupational, deci
sions as to (see also Occupa
tion al diseases, law as t o ). . .
Disfigurem ent, decisions as to .
D isputes. (See A w ards.)
D isputes, decisions as to ..........
D istrict o f Colum bia:
Tfixt o f law o f
(See also under U nited
States.)
D om estic and farm labor, de
cisions as to ___
D om inion of Canada. (See
Canada.)
D ue process o f law , decisions
as t o ... .
Earnings, determ ination of,
as basis of awards, law as to:
A labam a..........
Alhflrta
A rizona__
B ritish C olum bia...............
C alifornia..
C olorado...
C onnecticut............
D elaw are.
Georgia.................................
H aw aii.........
Idaho..................................
THinnis__
Indiana.........
Iow a .................
“K an g a s .............
K en tu ck y...............
Louisiana.
M aine...............
M anitoba
M aryland.............................
M assachusetts
M ichigan. . .
M innesota...........................
M issouri.............
M ontana.
N ebraska
N ew B runsw ick
N evada.
N ew .TersAy
N ew M exioo
N ew V o rt
N orth Dalrota
N ova S cotia........................
O h io.....................................
Oklahom a............................
O ntario................................
O regon.................................
Pennsylvania......................
P orto R ic o ..........................
Q uebec.................................
R hode Island......................

B u lletin N o.—

332

272

332

Page.

E arnings, determ ination o f,
as basis of aw ards, law as
to—C oncluded.
South D akota.....................
Tennessee............................
T exas...................................
U tah.....................................

885
900
910
937
948
963
980
1010
1018
1039
1175
111-114

V erm ont..............................

118-125
125-128
248,249
28
402

135-137

72-79
273,274
287
1060
302
1074
317,318
350,351
376
392,400
401
405,407
414
420,433
441
549,467
476
492,493
506
527
536,537
1094,1095
568
580
592,593
618
628,629
645
672,676
1109
695
716,717
731
744-746
766,767
769
1133
791
796,798
1150,1151
814
834,835
856,857
1169
868,869

200,201

211

224

113,119

232

886,891
893
922,923
938

174,176
177

943,947
949
957
1011
1022,1023

V irginia...............................
W est V irgin ia.....................
W isconsin............................
U nited States, civ il em
p loyees............................. 1043,1045
1049
E lection, decisions as t o ..........
241
E lection , m ode of, etc., law
as to:
A labam a.............................. 267-269
A laska.................................. 298-300
A lberta.................................
302
A rizona................................
B ritish C olum bia...............
1069
California.............................
340
Colorado............................... 345,346
C onnecticut......................... 371,372
388,389
Delaw are.............................
G eorgia.................................
Id a h o....................................
Illin ois............................
434
453,454
Indiana................................
468-471
Iow a .....................................
K ansas.................................
498,499
K en tu cky............................
516
523,524
Louisiana............................
538
M aine...................................
1105
M anitoba.............................
M aryland............................. 559,560
570
M assachusetts....................
M ichigan.............................
588,589
607
M innesota............................
622
M issouri...............................
M ontana.............................. 641,642
657
N ebraska............................. 669,670
N evada................................. 686-688
702,703
N ew B runsw ick................. 1110,1111
N ew H am pshire................. 704,705
N ew Jersey.......................... 709,717
N ew M exico........................
728
N ew Y ork ............................
743
N orth D akota.....................
773
N ova S cotia........................ 1124,1125
O regon.................................
812,814
815
Pennsylvania...................... 829-831
R hode Island...................... 865,866
875
South D akota.....................
880
Tennessee............................ 893,894
T exas...................................
907,908
V erm ont..............................
944
V irginia...............................
958
W ashington........................
987
W est V irginia..................... 1003,1004
W isconsin............................ 1015,1016
Y u kon T erritory................
1173
D om inion o f Canada.........
1178
E m ployee’s fault. (See W ill
fu l m isconduct.)
E m ployees, w ho are, decisions
as to.......................................... 135-170
E m ployers, join t. (See Joint
em ployers.)
E m ploym ent, p u blic, law as
to : ,
A labam a...............................
268

190

197

30-32
52

56,57

77,78

116
154
168

INDEX,

243

B ulletin N o.—
2 72

332

272

332

Page.

E m ploym ent, p u b lic, law as
to—C oncluded.
A lberta.................................

1051
1067-1069
1075
California............................. 311,340
344
384,387
401
D istrict o f Colum bia (see
also
under
U nited
402
S ta tes)__ _
___

201

233
29
Illin ois..................................

FTansas .. ............................
K en tu cky............................
Louisiana............................
M aine...................................
M anitoba.............................
M aryland.............................
M assachusetts.....................
Michigan . ................. .........
M innesota............................

403,412
415
434-436
455,467
468,476
486
488,489
500
522
535,547
1087,1088 ^
560
581-584
588,589
595,605
619

M issouri...............................
623
641
M ontana..............................
N ebraska............................. 669,671
686,688
N evada................................
N ew B runsw ick................. 1109,1110
718
N ew Jersey..........................
N ew Y ork ............................ 744,755
765
766
N orth D akota.....................
N ova S cotia........................ 1123,1124
O h io.....................................
783,784
796
Oklahom a...........................
1143
O ntario.................................
O regon.................................
826
Pennsylvania...................... 828,830
851
855
Philippine Islands.............
856
Porto R ico ..........................
Q uebec.................................
R hode Island...................... 877-879
South D akota..................... 881,891
894
Tennessee............................
U tah..................................... 929,930
932
V erm ont.............................. 942,943
945
V irginia...............................
957,959
986
W ashington........................
999
W est V irginia.....................
W isconsin........................... 1015-1017
W yom ing............................
1041
1172
Y u kon T erritory................
D om inion o f Canaria
1178
U nited States, civ il em ployAAS
1043-1050
E m ploym ents and persons ineluden denisinns as to
135-170
E m ploym ents and persons in
cluded and excluded, law
as to:
Alahamft . .
267,268
287
A laska.................................. 289,300
A lberta................................ 1051,1052
1062-1065

B ulletin N o.—

203
64

99,100
103,104
105
106
107
113,116
130,131

232

181
185
193

17,18

E m ploym ents a n d persons
included and exclu d ed , law
as to—C ontinued.
A rizona................................ 301,302
B ritish Colum bia............... 1067-1069
1086
California............................. 311,312
339,340
Colorado............................... 344-346
C onnecticut......................... 371,384
400,401
D elaw are.............................
Georgia.................................
H aw aii................................. 403,413
Id ah o...................................
415,432
434-436
Illin ois.................................
Tndjana................................ 453-455
467
Iow a ..................................... 468,476
478
Kansas................................. 488,489
K en tu cky............................ 500,502
503
522,523
Louisiana............................
532
M aine................. _................ 535,537
548
Manjf.nha . , T
1087,1088
1105-1108
M aryland__

TT.

557-560
567,568
570,580
588,589
601,605
Minnpsnta
_r Tt _
607,619
M issouri......... ........
622,623
M ontana____ T______
642-644
646
N ebraska............................. 669,671
N evada___T__
t
686,688
689,702
N ew B runsw ick................. 1109,1110
1122
VTAnr TToTYiDoTiifn
704
M
Am jTurontr
IM6W
eroey......................... 716,722
M
aut
li OW luoAlvU* ••••••••••••• 727,729
730
740-744
N ew Y ork ...........................
756,763
766
N orth D akota.
\T
aito QnAflO
INOVU
OUUUa•...................... 1123,1124
1141
782,783
O h io.....................................
786,794
Oklahom a...........................
796,797
Ontario....... ........................ 1142,1143
1145,1164
nrAffnn
811-813
816,817
826
Pennsylvania_______T___
828,830
850
P hilippin e Islands.............
855
856,864
P orto R ic o ..........................
Q uebec................................. 1168,1170
R hode Island...................... 865,879
South D akota....................
880,891
892
Tennessee............................ 893,894
T exas.................................. 907,922
929,930
U tah....................................
940
V erm ont.............................. 942,943
945
V irginia...............................
957.959
MassaehnsAtt-s
Michigan

25
29,33
49,52
53

56
60

203,204
206,217
220-223
69
72
77

106
107
225

113-116
132,136
142
226,229

154,157

161
170
172
173

181

INDEX.

244

B ulletin N o.—

E m ploym ents and persons
included and excluded, law
as to—-C oncluded.
W ashington........................

2 72

332

272

332

Page.

Pag©.

973,974
986,987
999,1013
1015-1017
1032-1034
1172

W est V irgin ia....................
W iscon sin...........................
W yom in g............................
Y u kon T erritory...............
U nited States, civ il em
1049
ployees.............................
E m ploym ents, classification
o f, for insurance, etc., law
as to:
A lberta................................ 1063-1065
301,302
A rizona................................
1075
B ritish Colum bia..............
331
California............................
366
C olorado..............................
429
Id ah o...................................
K en tu ck y...........................
520
1098
M anitoba.............................
1105-1107
554
M aryland............................
579
M assachusetts....................
603
M ichigan.............................
660-663
M ontana..............................
N ew B runsw ick................ 1116,1117
721,722
N ew Jersey.........................
N ew Y ork ...........................
740-743
760-762
771,772
N orth Dakota
N ova S cotia ...
1135
O hio................ .
777,780
Ontario............
1155-1157
1164-1167
O regon.............
816,817
846
P ennsylvania..
860
P orto R ic o ___
Texas................
920
U tah ................
927
973-976
W ash in g ton ...
978,979
W est V irgin ia .................... 1001,1002
Enforcem ent of paym ents.
(See
Paym ents, enforce
m ent o f.)
E qu al protection o f the law ,
decisions as to ........................
79-83
E vidence, decisions as to ........
249-251
E xclusions from coverage,
m iscellaneous decisions as
to ..............................................
146-149
E xclusive operation o f law s,
decisions as to ........................
242-244
E xclusiveness o f rem edy, law
as to:
A labam a........................
268,269
A laska.............................
292
A lberta...........................
1057
B ritish C olum bia.........
1071
311
California........................
C olorado.........................
345,346
Georgia.
H aw aii.
403
Id a h o...
416
Illin ois..
436
Tnriiftnft.
454
Io w a ....
469
492
K en tu cky........
500
533
Louisiana.........
M aine...............
537,538
M anitoba.........
1090
M aryland.........
552
M assachusetts.
580
M ichigan.........
588,604
605

184
189
193

197

215
220-223

114-116
134

166

206

E xclusiveness of rem edy, law
as to—C oncluded.
607
M innesota............................
622
M issouri...............................
641
M ontana..............................
670
Nebraska.............................
687
N evada................................
1112
N ew B run sw ick................
709,725
N ew J ersey ..........................
728,729
N ew M exico........................
740,745
N ew Y ork ...........................
766
N orth D akota....................
1128
N ova S cotia........................
777
O hio......................................
797
Oklahom a...........................
1145,1146
Ontario............................
831
Pennsylvania......................
1170
Q uebec.................................
R hode Island...................... 866,879
880,886
South D akota....................
894
Tennessee............................
907
T exas...................................
934,935
U tah....................................
945
V erm ont..............................
959
V irginia...............................
973
W ashington........................
1014
W est V irginia....................
1015
W isconsin...........................
1032
W yom in g............................
1173
Y ukon T erritory...............
1043
U nited States.....................
E xem ption o f paym ents from
attachm ent, etc. (See A s
signm ents.)
E xtraterritorial effects of
155-160
law s, derisions as to ..............
E xtraterritoriality, law as to:
267
A labam a.............................
1057
A lberta.................................
1070
B ritish C olum bia...............
334
California.............................
388
Delaware.............................
G eorgia.. ____
H aw aii................................. 403,411
Idaho.................................... 416,425
455
Indiana................................
480
Iow a .....................................
502
K en tu cky............................
543
M aine...................................
1088
M anitoba.............................
568
M aryland.............................
'M ichigan........
....
625
M issouri...............................
702
N evada................................
m
i
N ew B run sw ick................
741
New Y ork ............................
773
N orth D akota....................
N ova S cotia ........................ 1125-1128
O hio...................................... 784,792
Ontario................................ 1143,1144
828
Pennsylvania......................
881
South D akota....................
896
Tennessee............................
915
T exas...................................
933,934
U tah....................................
945
V erm ont..............................
963
V irginia...............................
999
W est V irgin ia....................
135-137
Farm labor, decisions as t o .. .
Fees, attorneys’ . (See A ttor
neys’ fees.)
Fees, m edical, derisions as to . 232-240
Freedom o f contract, deri
95-99
sions as to ................................
Georgia:
A nalysis of law of.
T ext o f law o f___

118
226

175
181

204,205
........74
224

230

4
29-48

INDEX,

H aw aii:
C onstitutionality of law
of .....................................
H azardous em ploym ents, de-

B ulletin N o .-

B ulletin N o.—

2 72

332

2 72

332

Page.

Injuries com pensated, law as
to—C oncluded.
645
M ontana..............................
N ebraska.............................
669,682
686,687
N evada................................
N ew Bruns w ick ................ 1109,1111

29
80
403-414
137-140

H em ia as accident, decisions

N ew H am pshire................
N ew Jersey.........................

115-118
H ernia as accident, law as to:

273
358

N ew M exico.......................
30

420
501
627
651
710,711
737
820
912
957,958
1006

T exas...............r...............V irginia
........................
W est V irgin ia....................
Idaho:
30
A nalysis o f law of___. . . . .
415-433
T ext of law of.....................
Illin ois:
31
Analysis of law nf________
C onstitutionality of law
o f ...................................... 85,93,96
105
434-452
T ext o f law o f .. . . . . . . . . . .
Indiana:
32
Analysis o f law o f________
T ext nf law nf___________
453-467
Industrial com m issions. (See
Com m issions, adm inistra
tiv e.)
Industrial
rehabilitation.
(See R ehabilitation of in
jured m en.)
Injuries com pensated, deci
106-135
sions as t o ..............................
Injuries com pensated, law as
287
A labam a..............................
.Alaska....... .......................... 289-291
A lberta............................... 1051,1056
1061,1066
302
Arizona................................
B ritish C olum bia............... 1067-1069
California............................. 308,311
345
Colorado......... ....................
354-358
C onnecticut....... ................. 375,384
400
D elaw are............................
Georgia.................................
H aw aii................................. 403,413
Idaho................................... 415,416
432
Illin ois__________________
434
Indiana................................
453,467
Iow a ........ ............................ 468,469
477,478
ITansas................................. 487,490
500,501
K en tu cky............................
Tunisian a............................
523
532-534
M aine................................... 539,540
M anitoba............................. 1087,1088
1104,1105
1108
552,564
M aryland_______________
565,568
570
M assachusetts....................
590
M ichigan.................. .........
607,619
M innesota...........................
620
623
M issouri...............................

245

New Y ork ...........................

1121

705
708,709
716
727,729
731,735
740,744

113
116-118

128-130
N orth D akota.
N ova S co tia ...
O hio.................
Oklahom a.......
Ontario.
5
49-52
5
55
53-55

Oregon...............................
Penns vlvania...................
Philippine Islands...........
P orto R ico ........................
Q uebec...............................
R hode Island....................
South D akota...................
Tennessee..........................
T exas.................................

24
29,33

203,204

77,81,100

U tah...................................
V erm ont............................
V irginia.............................
W ashington......................
W est V irginia..................
W isconsin.........................
W yom ing..........................
Y ukon T erritory..............
D om inion of Canada.......
U nited States, civ il em
ployees...........................
Injuries, second, decisions as
t o .............................................
Injuries, second, law as to:
A labam a.............................
California............................
Colorado..............................
Georgia................................
Illin ois.................................
Indiana...............................
Iow a....................................
K ansas................................
K en tu cky...........................
M aine..................................
M aryland............................
M assachusetts....................
M ichigan.............................
M innesota...........................
M issouri..............................
M ontana..............................
Nebraska............................
N evada................................
N ew Y ork ...........................
N orth D akota....................
O hio.....................................
Oklahom a...........................
O regon................................
Q uebec................................
R hode Island.....................
South D akota....................
T exas...

766
1123,1125
1140,1141
777.785
796,797
1142,1143
1162,1163
1167
812
828-830
855
856,857
1168,1169
865,866
880,883
891
893,895
907,908
QOQ
930,931
942,943
957-959
975,983
1006,1007
1015,1031
1032,1034
1172,1173
1178

226

182

1043
15
272,273
316
351,356
37,38
441
458
476
492,493
506
537
564
586
590,593
612,621
627
651
676
747
772
785
800
818,822
1168

913

83,84

121
155

IN D EX,

246

Bulletin No.—

272

382

272

Page.

Injuries, second, law as to—
Concluded.
938
U tah....................................
963
Virginia...............................
982
W ashington........................
W isconsin........................... 1021,1023
Insurance, decisions as t o ........ 252-256
Insurance, law as to:
281-283
Alabam a.............................
307
California.............................
327-329
346-348
Colorado.......
360
380
Connecticut..
384-387
397,398
Delaware..
Georgia....
411,412
H a w a ii....
426,427
Idaho-----449,450
Illinois—
453
Indiana....
464-467
484-486
Iow a ..........
514-521
K entucky.
Louisiana..
538,539
Maine........
1092,1093
Manitoba..

1101,1102

Maryland.........
Massachusetts.
M ichigan..
Minnesota.
M issouri...
Montana..............
Nebraska.............
N ew Brunswick.
New Jersey.........
N ew M exico........
New Y ork ...........
N orth Dakota—
Ohio.....................
Oklahoma........
Ontario.............
Pennsylvania..
Quebec.............
R hode Island..

552-590
578-581
585,586
600-605
616,617
629-632
637,638
658-665
680,681
1116-1118
719-723
727,728
755,756
771-773
785,786
794
803,804
1148,1149
M l

1169,1170
874-876
879
South Dakota.
880,890
892
904,906
Tennessee.
919-924
Texas........
U tah.........
931
953-956
V erm on t..
959
V irgin ia ...
969-972
W i s c o n s i n ................................. 1029-1031
I n s u r a n c e p o l ic i e s , p r o v is io n s
o f, la w as to:
A l a b a m a ...................................
C a lifo rn ia ...................................
C o lo r a d o ................................... .
C o n n e c t i c u t .............................
D e la w a r e ................................. .
G e o r g ia .......................................
H a w a i i ...................................... .
I d a h o ...........................................
I n d ia n a ..................................... .
I o w a ........................................... .
K e n t u c k y .................................
L o u is ia n a ..................................
M a i n e ..........................................
M a r y la n d ..................................
M a s s a c h u s e t t s ........................
M ic h i g a n ...................................
M in n e s o t a .................................
M is s o u r i.................................... .

Insurance policies, provisions
of, law as to—Concluded.
Montana..............................
Nebraska.............................
New Jersey.........................
N ew Mexico........................
N ew Y ork...........................
Oklahoma...........................
Pennsylvania.....................
R hode Island.....................
South Dakota....................

33,45-47

214-218

87-89

109
"i3(M36
149,150

160

174,175
179,180
183
192

281-283
328
347
380,385
46,47
412
426,427
465,466
485
515
531,532
538
556,557
584
600,601
617
630

659,660
681
720
728
756

332

Page.

132

804

849,850
875,876
890
905,906
932
954
970
1030

U tah....................................
V erm ont..............................
Virginia...............................
W isconsin...........................
Insurance, requirement as
10. (See Security for pay
ments.)
Insurance, State fund for,
law as to:
Alberta................................ 1054-1056
1069
British Columbia...............
1075-1079
307
California..
329-333
346
Colorado...
365-369
426-431
Idaho........
519-521
Kentucky.
1098-1103
Manitoba..
553-557
Maryland..
602-605
M ichigan..
660-665
M ontana..
686
N evad a....
691-694
701-703
1116-1121
New Brunswick.
740
New Y ork ...........
755-757
759-764
771-774
North Dakota.
1135-1140
N ova Scotia—
777
Ohio..................
779-784
1155-1164
Ontario.............
815-818
Oregon.............
831
Pennsylvania..
844-849
860-864
Porto R ic o ..
926-929
U tah.............
975,979
W ashington.
981
1003-1006
W est Virginia.
1032,1037
W yom ing........

169,170

.... m

23
23
52
214-218
64
74,75
105

130-136
142,143
146,149
156

161
174
184,185
193,195

Interstate commerce, deci
sions as to...............................

81,82
164-169
Iowa:
33
Analysis of law o f..............
Constitutionality of law of. 69,73,85
86,91,93
94,96,102
468-486
T ext of law o f....................
Isthmian Canal, law relating 1049,1050
Joint employers, liability of,
law as to:
276,277
Alabam a............................ .
1060
Alberta...............................
399
Delaware............................
Georgia...............................
460
Indiana..............................
Louisiana...........................
533
612
Minnesota..........................
624
Missouri.............................
676,677
Nebraska............................
900
V irginia.

966

INDEX,

247

Bulletin No.—

Bulletin No.—
332

Page.

Judicial powers, exercise of,
b y administrative officials,
91-95
decisions as t o ........................
83-86
Jury trial, decisions as t o ........
Kansas:
34
Analysis of law of..............
73
Constitutionality of law of.
Text of law o f..................... 487-499
Kentucky:
35
Analysis of law of..............
Constitutionality of law of. 73.78,79
Text of law o f..................... 500-521
Laws, list of States, etc., en
9
acting......................................
9-14
Laws, progress in enactment of.
Liability of third parties.
( See Third parties.)
Liability without fault, de
86-90
cisions as t o ............................
Liability without fault, law as
to. (See Defenses, abroga
tion of.)
Louisiana:
36
Analysis of law o f...............
Constitutionality of law of.
Text of law o f..................... 522-534
Lump-sum payments, deci
226,231
sions as to ...............................
Lump-sum payments. (See
Payments, m ode of, law as
to.)
Maimings, schedule of com
pensation for. (See Sched
ule, etc.)
Maine:
37
Analysis of law of..............
73,81
Constitutionality of law of.
Text of law o f..................... 535-548
Manitoba:
261
Analysis of law of..............
Text of law of..................... 1087-1108
Maritime workers. (See A d
miralty.)
Maryland:
Analysis of law o f..............
38
Constitutionality of law of.
85
549-569
Text of law o f.....................
Massachusetts:
Analysis of law of..............
39
Constitutionality of law of . 73,84,90
93,95,97
570-587
Text of law o f...................
Medical aid board, law as to:
W ashington......................
992
Medical and surgical services,
decisions as t o ...................... . 232-240
Medical examinations, pro
visions for, law as to:
Alabam a............................ , 277,278
297
Alaska................................
1058
Alberta...............................
303,304
Arizona..............................
British Columbia.............
1080
319
California...........................
358
Colorado............................
Connecticut.......................
378
Delaware........................... . 392,393
Georgia...............................
407,409
Hawaii...............................
Idaho.................................. . 421,424
442
Illinois................................
Indiana..............................
456,463
464
474,475
Iow a.
481
494
Kansas—
508,513
K entucky.

272

Page.

is
5
56,57
2,3

5
14,15
58-00

6
6i,62
21
203-223

6
63-69
7
70,71

35,30,44
50
53

Medical examinations, provi
sions for, law as to —Concld.
Louisiana............................
Maine..................................
Manitoba.............................
Maryland............................
Massachusetts.................. .
Michigan..............
Minnesota............
Missouri................
Montana...............
Nebraska..............
Nevada.................
New Brunswick..
New Hampshire.
New Jersey......... .
Now Mexico.........
New Y ork........... .
North Dakota —
Nova Scotia........
Ohio..................... .
Oklahoma...........
Ontario................
Oregon.................
Pennsylvania----Porto R ico...........
Quebec................
Rhode Island----South Dakota —
Tennessee...........
Texas...................
U tah....................
V erm ont..............
Virginia...............
Washington.......................
W isconsin...........................
W yom ing...........................
Yukon Territory...............
United States, civil em
ployees.............................
Medical treatment, rejection
of, law as to:
Alabam a.............................
British Columbia..............
California........................... .
Colorado..............................
Connecticut...................... .
Delaware........................... .
Georgia...............................
H awaii...............................
Illinois...............................
Indiana..............................
K en tu cky..........................
Manitoba...........................
Missouri.............................
Nebraska...........................
Nevada..............................
New Jersey........................
New M exico......................
Oregon...............................
Pennsylvania....................
Porto R ic o ........................
Tennessee..........................
Texas.................................

528,529
542,543
1091
564
573,574
576
594,597
613,614
634,635
648
677
698
1115,1116
706
713
738,739
749
774
1134,1135
793
800
1147
825
836
857
1170
870
887
897
916
939
950,951
961,9G2
968
985
1024
1042
1176,1177

112
123

179

1046
277
1080
316
358
373,374
35,36
405
445
456
502

53
*208

625
672
698
714
738
825
833
858
897
913,914
916
Virginia........
958,961
Washington.
985
W iscon sin...
1018
1040,1041
Yukon Territory..............
1176
Medical treatment to be fur
nished, law requiring:
Alabama...........................
277
A l b e r t a .................................... 1058,1059

1061

201

INDEX.

248

Medical treatment to be fur
nished, law requiring—Con.

Idaho....................................

Ne.varia..................... ..........
New Brunswick.................
New Jersey..........................
New M exico........................
New Y ork...........................
North Dakota....................
Nova Scotia........................
Ohio.....................................
Oklahoma...........................
Ontario................................
Oregon.................................
Pennsylvania......................
Porto R ic o ..........................
Quebec.................................
R hode Island......................
South Dakota.....................
Tennessee............................
Texas...................................
U tah....................................
V erm ont..............................
Virginia...............................
W ashington........................
West Virginia.....................
W isconsin............................
W yom ing............................
Yukon Territory...............
United States, civil em
ployees.............................

B u ll e t in N o . -

B u ll e t in N o .—

272

332

272

332

Page.

1073,1074
312,313
315
352,355
356
373
389
405
418,419
438
456
472
490
501, 502
528
540
1091,1093
563
571
590
612
625
649,650
672
693
1115
712
737,738
745
767
1129,1130
1134
791
798
1147,1151
1152
822,823
832,833
856
1168
866
883
896,897
908,909
913,914
938
947
961
990-996
1006,1007
L017,1018
1025
1040
1175,1176

24
26
35
49

56
209,210
67,68
70
84
106
224,225
108
112
118,119
226,227

231

169

177
182
186-188
189
194

1044

M ic h ig a n :

40
Analysis of law of..............
93,97
Constitutionality of law of.
Text of law o f..................... 588-605
Minnesota:
41
Analysis of law of..............
Constitutionality of law of. 73,96,97
606-621
Text of law o f.....................
Missouri:
42
Analysis of law of..............
Text of law o f..................... 622-638
Montana:
43
Analysis of law of..............
Constitutionality of law of. 70,74,82
84,92
100,103
639-668
T e x t of la w o f.....................

72-75
8

76-104
105
9

Nebraska:
44
Analysis of law of..............
Text of law o f..................... 669-685
Nevada:
45
Analysis of law of..............
Text of law o f..................... 686-703
New Brunswick:
262
Analysis of law of..............
Text of law o f..................... 1109-1122
New Hampshire:
46
Analysis of law of..............
90,105
Constitutionality of law of.
Text of law o f..................... 704-707
New Jersey:
47
Analysis of law of..............
Constitutionality of law of. 73,83,96
Text of law o f..................... 708-726
New Mexico:
Analysis of law of..............
48
Text of law o f..................... 727-739
New York:
Amendment of constitu
tion of...............................
749
Analysis of law of..............
49
69,71
Constitutionality of law of.
74-79
85-91
94,95,97
102,103
Text of law o f..................... 740-765
North Dakota:
50
Analysis of law o f..............
71
Constitutionality of law of.
Text of law o f..................... 766-776
Notice and claim, decisions as
to .............................................. 244-248
Notice of accident. {See A cci
dents.)
Nova Scotia:
263
Analysis of law of..............
Text of law o f..................... 1123-1141
Occupational diseases, deci
118-125
sions as to ...............................
Occupational diseases, law as
to:
287
Alabam a.............................
Alberta................................ 1051,1061
1066
British Columbia............... 1067,1069
1086
308
California.............................
384
Connecticut........................
400
Delaware.............................
403
H awaii.................................
432
Idaho...................................
Illinois.................................
467
Indiana................................
478
Iow a .....................................
500
K entucky............................
533
Louisiana............................
Manitoba............................. 1104,1105
1108
Maryland.............................
568
Minnesota...........................
Missouri...............................
623
645
Montana..............................
682
Nebraska.............................
New Brunswick................. 1109,1121
744
New Y ork ............................

9
106
9
107
21
224,225

107
9
108-112
9
112

10
15,16

113-141
11
142-144

22
226-229

54,55

203,207
219,220
223
100-103

116-118
128-130

Nova Scotia_______ _____ 1123,1140
105

1141

IN D EX,

249

Bulletin No.—

Occupational diseases, law as
to—Concluded.
Ohio......................................

272

332

272

332

Page.

777

7QA
Oklahom a. ................
Ontario................................ 1142,1162
1163,1167
Pennsylvania .............. 828,829
Porto R ic o ..........................
South D akota.....................
891
893
Tennessee............................
923
Texas...................................
931
U tah.....................................
943
V erm ont ...... .......... .....
V irgin ia ............ .................
957
W a s h i n g t o n ................................
975
1031
W yom ing ..................
United States, civil em
1034
ployees ...................
Ohio: *
Amendment of constitu777
Analysis of law o f..............
51
Constitutionality of law of. 72,73,86
92,96
101,103
Tovt rt f low nf
777-795
Oklahoma:
52
Analysis of law o f..............
Text of law o f .............
796-809
Ontario:
264
Analysis of law of .........
Text of law o f ............. 1142-1167
Oregon:
Analysis of law of .........
53
73,94
Constitutionality of law of.
Text of law o f .............
810-827
Panama Canal, law relating to.
(JSee Isthmian Canal.)
Partial d is a b ilit ie s . ( See
Schedule rates.)
Partial disability, decisions as
t o .............................
201-210
Payments, enforcement of
delinquent, law as to:
Alabam a ...................
280
Arizona ....................
305
British Columbia .........
1078
Colorado...................
367
Georgia ....................
H aw aii.................................
410
Idaho....................................
425
Indiana................................
463
Iow a .......................
481
Kansas ..................... 497,498
K en tu cky .................
512,518
519
Louisiana .................. 531-533
Maine ......................
546
Manitoba .................. 1099,1100
Maryland ..................
554,555
Michigan ..................
603
Minnesota .................
614
Missouri....................
633
Montana ...................
658,664
New Brunswick ..........
1119
New Jersey................
718
New M exico ...............
734
N ew Y ork ............................ 752,753
North Dakota..................... 772,773
Nova Scotia........................
1136
O hio ........................
788
Oklahom a....... -T
rT,.,IT
802

Bulletin No.—

145-149
153

162,163

145-153

22
230,231

11
154-159

44
51

216,217
97

126
228

Paym ents, enforcement of
delinquent, law as to —Con.
Ontario................................ 1160,1161
824
Oregon.................................
842
Pennsylvania.....................
860,861
Porto R ic o ..........................
Rhode Island...................... 871,875
889
South Dakota.....................
Tennessee............................ 901,902
917,922
Texas...................................
935
U tah....................................
952
Verm ont..............................
968
Virginia...............................
984
Washington........................
West Virginia.................... 1006,1013
1014
W isconsin ................. 1026,1027
1177
Y ukon Territory ..........
Payments, mode of, law as to:
* Alabam a ................... 279-281
296
Alaska.................................
Alberta................................ 1057,1058
1060,1061
305
Arizona................................
British Columbia............... 1072,1074
1075
California............................. 316,318
325-327
354,355
Colorado..............................
358.359
381
Connecticut ...............
398,399
Delaware ..................
G e o r g ia
TTawaii

405,407
421
437,440
441
459,460
Indiana ....................
475,476
Iow a .......................
486
493
Kansas .....................
506,507
K entucky .................
528
Louisiana ..................
M a i n e ____________
544,548
Manitoba .................. 1090,1092
1095,1103
564,565
Maryland ..................
Massachusetts ............. 573,574
M i c h i g a n ...................... ................
595
598-600
604
615,616
Minnesota .................
M is s o u r i.......... ..............................
625,634
646,647
Montana ...................
650,651
676,679
Nebraska ______ ___
680
695,698
Nevada ....................
New Brunswick ........... 1111,1115
1116
707
New Hampshire ..........
711-715
New Jersey................
718
New Mexico ....... .......
732,733
738
New Y ork ...............
750-753
North Dakota ............. 769,773
Nova Scotia ............... 1132-1134
786,787
O hio.....................................
791
Oklahom a ... .....................
802
Idaho ......................
Illinois .....................

O ntario

........... .........

1143,1145
1147,1148
1161

39,40

59
208,209
68

86,87

108

124-126

INDEX.

250

Payments, m ode of, law as
to—Concluded.
Oregon.................................
Pennsylvania.....................
Porto R ic o ..........................
Quebec.................................
Rhode Island......................
South D akota...... » ............
Tennessee............................
Texas...................................
U ta h .....................................
V erm ont..............................
Virginia...............................
W ashington........................
W est Virginia.....................
W isconsin...........................

Bulletin No.—

272

832

272

882

Page.

812,822
823
833,834
836,837
849
856,85*
1169,1170
866
869-871
873
883,885
886
894,903
904
915,922
932,938
m , 950
964,965
983
1011
1021,1028
1030,1031
1040

157

182

1046

Michigan.............................
Missouri...............................
Montana..............................

15
160

W yom ing..........................

161-167

215-217

668

764

107
134,135

North D akota....................
772
N ova Scotia........................ 1135-1138
Ohio...................................... 777,780

781

Ontario................................. 1158-1164
Oregon................................. 816-818
Pennsylvania...................... 845,846
Porto R ic o ..........................

850
860,861
864

T exas...................................
U tah.....................................
V erm ont..............................
W ashington........................
West Virginia.....................

583
602,603
630,631
660-663

Nevada................................
692,693
N ew Brunswick................. 1116-1118
N ew Hampshire.................
N ew Jersey.......................... 721,722
N ew Y ork ...........................
760-762

172
920,92i
928
956
970
975-977
1002-1005
1037,1038
1054,1056
1077,1078
367
430
1099,1100
554
579
602
663,664
687,688
691,692

N ew Brunswick................. 1118-1120
New Y o rk ...........................
762
North D akota....................
771-773
N ova Scotia........................ 1135-1138
Ohio.....................................
781,783
Ontario................................ 1158,1161
Oregon................................. 818,823
Pennsylvania...................... 847,849
860,861
Porto R ic o ..........................

W yom ing............................
Y ukon Territory................
1176
Dom inion of Canada.........
1178
United States, civil em
ployees............................. 1043,1045

Pennsylvania:
Amendment to constitu
tion of.............................
828
54
Analysis of law of..............
85,98
Constitutionality of law of.
T ext of law o f..................... 828-854
Period disability must con
tinue to secure compensa
tion. (See Waiting tim e.)
Philippine Islands, text of law
of..............................................
855
102-106
Police power, decisions as t o . . .
Porto R ico:
Anaivsis of law o f..............
55
856-864
T ext of law o f...................
Premium rates, law as to:
A labam a........................
282
Alberta............................... 1053.1054
British Columbia............. 1076,1077
California.............................
331-333
Colorado............................... 366-368
Connecticut.........................
385
Georgia.................................
Idaho.................................... 428-430
K en tu cky............................ 515-521
Maine...................................
538
Manitoba.......................... 1099-1102
Maryland.............................
553
Massachusetts....................
579,581

Prem ium rates, law as to—
Concluded.
South D akota.....................
T exas...................................
U ta h .....................................
V erm ont..............................
Virginia...............................
W ashington........................
W est Virginia......................
W yom ing............................
Premiums, collection of, law
as to:
Alberta.................................
British Columbia...............
Colorado...............................
Idaho....................................
Manitoba.............................
Maryland.............................
Massachusetts....................
Michigan.............................
Montana..............................
Nevada................................

155

863
921,922
927,933
940
956
976,977
999,1005
1037,1038
1042

Principal features of Ameri
21-68
can laws, analysis of.............
Principal-features of the laws
259-266
of C anada...............................
Progress in enactment of laws
of Canada...............................
257,258
Progress in enactment of laws
10-14
of United States....................
Proximate cause. (See A cci
dental injury.)
Public employees, decisions
as to ........................................
149-153
(See also Employment,
public.)
Quebec:
265
Analysis of law of..............
Text of law o f ..................... 1168-1171
Railroad employees. (See In
terstate commerce.)
Rates, supervision over. (See
State supervision.)
Rehabilitation, decisions as to.
Rehabilitation, law as to:
California............................. 341,342
Massachusetts....................
585,587
Minnesota...........................
New Y o rk ...........................
North D akota.....................
770
Oregon.................................
823
W isconsin...........................
Reports of accidents, law as
to. (See Accidents, reports
of.)
Representation of aliens b y
consuls:
394
Delaware.............................
Iow a .......................... .........
475
Maryland............................. 562,563
Minnesota............................ 614,615

179,180
183
186,187

197-199

215-217

134,i35
143,144
228,229
150
230
157,158
166,167

232

15,16

81
121

158,159
189,190

INDEX,

Representatives of aliens b y
consuls—Concluded.
Ohio.....................................
Oregon.................................
Pennsylvania.....................
Tennessee............................
Texas...................................

B u lle tin N o . -

B u lletin N o.—

272

332

272

3 32

Page.

646,647
674
795
824
835
903
915
1011
1026

Wisconsin ............................
Revision of payments. (See
Awards, determination of.)
Rhode Island:
56
Analysis of law of..............
85,94
Constitutionality of law of.
Text of law o f..................... 865-879
Safety devices, duty of em
ployers to provide, law as to:
333
California.............................
565
Maryland.............................
665-668
Montana.............. „..............
701
Nevada................................
777
Ohio.....................................
824
Oregon.................................
847
Pennsylvania.....................
W ashington........................ 984,990
1021
Wisconsin...........................
1041
W yom ing............................
Safety devices, power of ad
ministrative commissions,
etc., over, law as to:
1055
Alberta................................
British Columbia............... 1081,1082
California............................. 307,333
348,349
Colorado..............................
385
Connecticut........................
412
H awaii.................................
Idaho....................................
431
521
K entucky...........................
665-668
Montana..............................
1120
New Brunswick.................
762
New Y ork...........................
770
North Dakota....................
1139
Nova Scotia........................
824
Oregon.................................
847
Pennsylvania.....................
921
T e x a s ..................................
V erm ont.............................. 942,956
1007
West Virginia.....................
Schedule rates for specific in
juries. law as to:
Alabam a.............................. 270-272
Alaska.................................. 290,291
Alberta................................. 1059,1060
314
California.............................
Colorado............................... 355,356
375,376
Connecticut........................
Delaware.............................
390,391
Georgia.................................
Hawaii................................. 406,407
Idaho.................................... 419,420
Illinois.................................
438,439
Indiana................................
457,458
Iow a.....................................
473,474
Kansas................................. 491,492
K entucky............................ 505,506
Louisiana............................. 525,526
Maine................................... 541,542
Maryland............................. 561,562
Massachusetts....................
572,553
Michigan.............................
592
Minnesota............................ 608,609
Missouri............................... 626,627
Montana............................... 650,651
Nebraska............................. 673,674
696,697
Nevada................................

251

11
168-170

198

135
155

24
26,27
36,37
50

61,62
65,66
78-80
106

Schedule rates for specific in
juries, law as to—Concluded.
New Jersey.......................... 709-711
New M exico........................ 736,737
746,747
New Y ork ...........................
, 767
North D akota....................
789,790
Ohio.....................................
799,800
Oklahoma...........................
Oregon................................. 820,821
832
Pennsylvania.....................
868
Rhode Island......................
South D akota..................... 884,885
Tennessee............................ 898,899
Texas................................... 911,912
936,937
U tah....................................
V erm ont.............................. 948,949
Virginia............................... 962,963
W ashington........................
W est Virginia........ .*.......... 1008,1009
W isconsin........................... 1019,1020
1039
W yom in g............................
1175
Yukon T erritory...............
Second injuries. {See Inju
ries, second.)
Security of payments, law as
to:
279,280
Alabam a.............................
294
Alaska..................................
1054
Alberta................................
305,306
Arizona................................
British Columbia............... 1070,1080
California............................. 323,326
327
Colorado............................... 346-348
360
Connecticut......................... 380-387
Delaware............................. 391,399
Georgia................................
411
H awaii.................................
Idaho.................................... 425,426
447-449
Illinois.................................
455
Indiana................................
Iow a ..................................... 484-486
Kansas................................. 493,494
507
K en tu cky...........................
512-521
531,532
Louisiana............................
Maine................................... 543,544
Manitoba............................. 1090,1093
1103
Maryland............................. 552,553
578-580
Massachusetts....................
585,586
Michigan.............................
595
600-602
616,617
Minnesota...........................
Missouri............................... 629-632
651
Montana...............................
657-665
682
Nebraska.............................
Nevada................................. 691-694
698
1112
New B runsw ick.................
New Hampshire................. 704,705
707
New Jersey.......................... 714-716
719-722
N ew M exico........................ 727,728
738,739
New Y o rk ............................
753
755-757
North D akota....................
772,774
N ova Scotia........................ 1128,1139
Ohio.....................................
785,786
789,791
Oklahoma...........................
803

112
119,120

182

33,34,46
51

60
208,216
63,64

87,88

128
130-133

148,149

INDEX,

252

B u lletin N o . -

B u lle tin N o.—

272

332

272

332

Page.

S uits, law as t o — C on clu d ed .
C alifornia..............................
C olorad o................................

S ecu rity o f p a y m en ts, law as
to— C oncluded.

T en n essee...............................
T e x a s .......................................
U t a h ........................................
V e r m o n t .................................
V ir g in ia ...................................
W est V ir g in ia .......................
W is c o n s in ..............................
W y o m in g ...............................

U n ited States, civ il em
p loyees ...............................
(See also In su ran ce.)
Settlem en t o f cases. (See
A w a rd s.)
South D akota:
A n a lv sis of la w o f................
T e x t "of la w o f .......................
Special con tracts. (See Sub
s titu te schem es; W aiv e rs.)
S tatus o f ben efit fun ds, deci
sions as t o ...................................
State B oa r d s. (See C om m is
sions, a d m in istrative.)
State fu n d s. (See Insurance,
State fu n d for.) .
S u b stitu te schem es, law as to:
A rizon a ....................................
C aliforn ia................................
C olorad o..................................
C o n n e c tic u t...........................
D e la w a re ................................
G eorgia ....................................
I d a h o ........................................
I llin o is .....................................
In d ia n a ....................................
I o w a .........................................
K a n s a s ....................................
K e n t u c k y ...............................
M a in e .......................................
M in n esota ..............................
M issouri..................................
N ebraska................................
O h io ..........................................
O k la h o m a ..............................
R h o d e Is la n d ........................
S outh D a k o t a .......................
U t a h .........................................
V ir g in ia ..................................
W est V ir g in ia .......................
W is c o n s in ..............................
Suits, la w as to:
A la b a m a .................................
A la sk a ......................................
A lb e r ta ....................................
A rizon a ....................................

British Columbia...............

1146,1148
1149
821-824
36,837
863
1161,1162
1169,1170
870
874-876
881,890
891
896,904
907
931,936
938
952,953
960
981,982
984.985
1011,1014
1028-1031
1041
1174,1176
1177

C o n n e c ticu t.........................
D e la w a re ..............................
G eorgia..................................
H a w a ii..................................
Id a h o .....................................
Illin o is ...................................
In d ia n a .................................
I o w a ......................................
K a n s a s .................................
K e n t u c k y ............................
L ouisian a.............................

191,192

M assachusetts.................. .
M ich ig a n ............................ .
M in n esota .......................... .
M on tan a.............................

1047

57
880-892

M a in e .................................. .
M a n ito b a ............................ .
M a ry lan d ............................

171,172

N ebraska............................
N e va d a ................................
N ew B r u n s w ic k ..............
N ew H am p sh ire..............
N ew Jersey........................
N ew M e x ic o ......................
N e w Y o r k ..........................
N orth D ak ota
N o v a Scotia - .
O h io.................

99-102

338,339
346
362-365
379
381-383
397

25
43,44

403,410
425
436
445-447
454
468,481
482
497-499
501,512
517
524
529-531
539,540
1097
552,565
566
580,583
588
606
641,655
656
669,681
687,688
1114
704-707
708,725
732-735
745,751
773-775
1126,1131
777
786-788

50,* 5i

97,98

111,112
118,123
124
151,152

7Q9

O k la h om a ----O n tario............
O re go n .............

306
327
352
380-382
398

P enn sylvania.

46
416
450
465
484,485
498
514,515
538,539
617
623,624
631
681
785
803,804
874
890
931,933
969.970
1013,1014
1029,1030
267
294-297
1057
301
304-306

1071

P o rto R i c o .............................
Q u e b e c....................................
R h o d e Isla n d ........................
South D a k o ta .......................
T enn essee..............................
T e x a s .......................................
U t a h ........................................

801,808
809
1145,1154
815,824
827
828,829
841-843
851
859,863
1171
875,876
881,891
895
907,908
934,938
939
945,952
960,968
987,988

V e r m o n t ................................
V ir g in ia ..................................
W a s h in g to n ..........................
1012
W e st V ir g in ia ......................
W is c o n s in .............................. 1027,1028
lt)36
W y o m in g ..............................
Y u k o n T e r r it o r y ................. 1173,1177
U n ited States, civ il em
1047
p lo y e e s ................................
System s p ro v id e d for, sum
m a r y o f .......................................
14-20
T e m p o ra ry d isa b ility, deci
199-201
sions as t o ..................................
Tennessee:
A nalysis o f la w o f................
58
71,72
C o n stitu tion a lity of la w of.
893-906
T e x t o f la w o f .......................

Tox&S!

A n a ly sis o f law o f..

159

166
i69

183
191

INDEX,

T exas— C o n clu d e d .
C onstitu tion ality o f law of.
T e x t o f la w o f .......................
T h ird parties, lia b ility of,

B u lletin N o . -

B u lletin N o.—

272

332

272

33^

Page.

942
61
942-956

179,180

62
957-972

12
181-183

69,79
81,85
98,102
907-924

173

193-199
T h ird parties, lia b ility of,
law as to:
A la b a m a ................................
A la sk a .....................................
B ritish C olu m b ia ................
C alifornia................................
C olorado..................................
C on n ecticu t...........................
D elaw are................................
G eorgia....................................
H a w a ii....................................
Id a h o .......................................

283,284
297,298
1070
324,325
359,360
372,373
399
29,30
403
416
450,451
454
471
487,488
502
525
543
1089
566
577
597
618,619
624
644,645
672
688
1111
716
739
754
775
1128
802,803
1144
812
837
863
1170
874
881
895
918
935,936
946

K an sas....................................
K e n tu c k y ..............................
L ouisian a...............................
M a in e ......................................
M anitoba................................
M arylan d...............................
M assachusetts......................
M ich igan ................................
M inn esota..............................
M issouri..................................
M ontana.................................
N ebraska................................
N eva d a ...................................
N ew B ru n s w ick ..................
N ew Jersey............................
N ew M e x ico ..........................
N ew Y o r k ..............................
N orth D a k o ta ......................
N ova S co tia ..........................
O klahom a..............................
O n tario...................................
O regon ....................................
P en n sylva n ia ........................
P orto R ic o ............................
Q u eb ec....................................
R h od e Isla n d ........................
South D a k o ta ......................
Tennessee..............................
T ex a s .......................................
U t a h ........................................
V e r m o n t.................................
V ir g in ia ..................................
W a s h in g to n ..........................
974
W isco n sin ..............................
1029
W y o m in g ...............................
1035
Y u k o n T err itory .................
1174
U n ited States, c iv il em
p loy ees ................................
1047
T otal d isa b ility.
( See D isb ilit y , total.)
T y p es of la w s...............................
14-19
U n ited States:
A nalysis of law relating
t o civ il em ployees..........
67
A nalysis of law relating
to war risk ........................
68
D istrict of C olu m b ia ..........
402
E xecu tiv e orders relating
to adm inistration o f
laws o f.................................
1050
T e x t of law relating to
civ il em ployees................ 1043-1050
U tah:
A nalysis of law o f................
60
C onstitution ality o f law of.
15
925-941
T e x t of law o f .......................

32860°— 23------ 17

253

56
58
205,206
68,69
89,90

127

171
175
181,182

196

12
l74-i78

V erm ont:
A m en d m en t o f co n stitu
tio n o f..................................
A nalysis of law o f................
T e x t of law o f.......................
Virginia:
A nalysis of law o f................
T e x t of law o f.......................
V o ca tio n a l r e h a b i l i t a t i o n .
(See R eh a bilitation o f in
jured m en .)
W ages, average. (See E arn
ings, determ ination of, as
basis o f aw ards.)
W ages,
d eductions
from .
(See C ontributions b y em
ployees.)
W aitin g tim e, law as to:
A la b a m a ................................
A la sk a .....................................
A lb e rta ....................................
A rizon a ...................................
B ritish C olum bia
..........
C alifornia...............................
C olorado......................
C o n n e cticu t.....................
D elaw are................................
G eorgia........................
H a w a ii....................................
I d a h o .......................
Illin ois...................
In d ia n a ...................
I o w a .............................
K a n sa s......................
K e n tu c k y ....................
-Louisiana.............................
M a in e..................................
M anitoba................................
M arylan d...............................
M assachusetts......................
M ich ig a n ................................
M inn esota..............................
M issouri......................
M ontana.............
N ebraska................................
N e v a d a ...........................
N ew B ru n sw ick ..................
N ew H a m p sh ire..................
N ew Jersey............................
N ew M e x ico ..........................
N ew Y o r k ..............................
N orth D a k o ta ......................
N o va S co tia ..........................
O h io.........................................
O klahom a..............................
O ntario...................................
P en n sylvan ia........................
Q u ebec....................................
R h o d e Isla n d ........................
South D a k o ta ......................
T ennessee..............................
T e x a s ......................................
U ta h ........................................
V e r m o n t................................
V irgin ia ..................................
W ash in g to n ..........................
W est V irgin ia ......................
W isco n sin ..............................
W y o m in g ..............................
Y u k o n T e rrito ry.................
U nited States, civ il em
p loyees................................
W aivers, law as to:
A la b a m a ..............................
A laska.....................................
A lb e rta ...................................
B ritish C olu m bia................
California................................
C onnecticu t...........................

277
292
1056
302
1069
313
355
374
389
405,406
419
438
456-458
473
487
502
528
540
’ 1088
565
570,571
590
612
625
650
672
698
1114
705
712
735,737
745
767
1125
789
798
1143
832
1168

26.
36

61
204
68
84

112
113

866

168

883
897
908
936
947
962
983
1007
1018
1040
1173

182

1043
280,283
297,300
1057
1071
325
380,383

INDEX,

254

B u lle tin N o.—

B u lletin N o.—

W aivers, law as to— Concld.
D ela w a re................................

272

332

272

3 32

Page.

Page

Page.

389
32,33

H a w a ii....................................
Id a h o .......................................

L ou isian a...............................

M on ta n a .................................
N ew B ru n sw ick ..................
___

N orth D a k o ta .

O h io .. .
. ..
O k la h om a ..............................
O n ta rio....................................
O regon ....................................
P e n n s y lv a n ia

Q u e b e c....................................
"R h od e Is la n d

•

South D a k o ta .......................
T en n essee..............................
T e x a s .......................................
U t a h ..................
......
V e r m o n t .................................
V ir g in ia .
W a s h in g to n . .
W e s t V ir g in ia ..

........
.

W is c o n s in ..............................
W y o m i n g ____

Y u k o n T e r r ito r y .................
W ashington:
A n a ly s is o f la w o f

C onstitu tion ality o f law of.

403
416
448
455
471,478
499
502
533
543
1090
565
574
595
652
677
698
1112
716
754
775
1128
793
803
1146
816
829
1170
870
881
895
915
939
946
958
985
1004
1015
1032,1035
1174
63
69,74-78
80,83-87
91,95
97-100
103-105
973-996

T ext of la w o f ............... ...
W est V irgin ia:
64
A n a ly sis of l a w ....................
C on stitu tion a lity of la w of.
90
T e x t o f la w o f . .
997-1014
W ill fill m is con d u ct decisions
as t o ..............................................
188-193
W illfu l m iscon d u ct, la w as to:
268
A la b a m a .................................
292,298
A la s k a .....................................
299
A lb e r t a ..
1051
A r i z o n a ___
301,302
1069
B ritish C olu m b ia ................
C a l i f o r n i a __
311
C olorad o..................................
359
C o n n aet.i e n t
371
399
D ela w a re ................................
G eorgia ....................................
H a w a ii
406
Ida h o
413
I n d ia n a .
454
469,470
I o w a ........................................
K ansas
487,499
K e n t u c k y ..............................
500,501
507
532
L ou isian a...............................
M a i n e .........
............
539
1088
M a n ito b a ................................

W illfu l m isco n d u ct, law as
to — C oncluded.
M a rylan d ................................
M assachusetts......................
M ich ig a n ................................
M in n esota..............................
M issouri..................................
M on tana.................................
N ebraska................................

206
73

128,132

184-188

552,564
565
570
590
600
622
641
670,676
682
687,688
704,705
708,716
729
744,751
766
1125,1126
785,788
■797,801
1143
822
829,847
857,863
1169
866
880
895
907,908
931,934

N e va d a ....................................
N ew H am p sh ire..................
N ew Jersey............................
N ew M e x ico ..........................
N e w Y o r k ..............................
N orth D a k o t a ......................
N o v a S co tia ..........................
O h io .........................................
O k la h o m a ..............................
O n ta rio...................................
O r e g o n ....................................
P e n n sy lv a n ia ........................
P o rto R i c o .............................
Q u e b e c....................................
R h o d e Is la n d ........................
S outh D a k o t a .......................
T en n essee..............................
T e x a s .......................................
U t a h ........................................
949
V e r m o n t.................................
959
V ir g in ia .................. ■..............
W a s h in g to n ..........................
983,984
1007
W est V ir g in ia .......................
W is c o n s in .............................. 1015,1021
1022
1032
W y o m in g ...............................
1173
Y u k o n T e r r ito r y ................. 1
1043
U n ite d States........................
W iscon sin :
A n a lysis o f la w o f................
65
73,87
C onstitution ality o f la w of.
92-95,101
T e x t o f la w o f........................ 1015-1031
W y o m in g :
A m e n d m e n t o f con stitu
1032
tio n o f ..................................
66
A n alysis o f la w o f................
T e x t o f la w o f ....................... 1032-1042
Y o u n g persons, co m p u tin g
p a ym e n ts to . (See A ge to
b e con sidered.)
Y u k o n T erritory :
266
A nalysis o f la w o f .................
T e x t o f la w o f........................ 1172-1177

CASES CITED.

204

A ck lin S tam pin g C o. v. K u t z . .
A d am s v. A cm e W h ite L ead
& Color W o r k s .........................
A d am s v. Ite n B is cu it C o ..........
A d a m s & W estlak e C o. v.
Industrial C o m m iss io n .—
A d le m a n v. O cean A c . & G.
C o rp ..............................................
A lb e rt A . A lb re ch t Co. v.
W h iteh ea d & K ales Iro n
W o r k s ..........................................
A lle n v. M illville..........................
A lle n v. S tate................................
A m erican R ad ia tor Co. v.
R o g g e ..........................................
A m . S m eltin g & R efin ing Co.
v. Cassil (N e b r .)......................
A m erican W ood en w a re Mfg.
Co. v. S chorling........................
A n d erson v. Carnegie Steel C o .

155
122
126,243
182
229
195
247
149
157
177,231
193
85,98

118,123

171
174

13
189-192

193-195

INDEX,
B u lletin N o.-

A nderson v. H aw aii Dredging
C o..................................................
A nderson v. M iller Scrap C o . . .
A nderson v. N orth A laska
Salm on C o..................................
A rch ib a ld v. O t t ..........................
Arizona C opper Co. v. H a m
m er ..............................................
A rizon a S .C o. v. IJjack..............
Assaria S tite B a n k v. D o lle y . .
A urora B rew in g Co. v. In d u s
trial B o a r d ................................
A ylesw orth v. P h oen ix Cheese
C o..................................................
B altim ore Car F o u n d ry Co. v.
R u z ic k a .............. .......................
B arber v. Jones Shoe C o .............
B argey u. Massaro M acaroni
C o..................................................
B arnhart v. A m . Concrete
Steel C o .......................................
B arrett v. G rays H arbor C om
m ercial C o..................................
B arry v. B a y State Street R y .
C o ..................................................
B atem an M fg. C o. v. S m ith —
B atista v. W est Jersey & S. R .
Co..................................................
B a y Shore L a u n d r y Co. v.
In d . A c c . C om ..........................
B ay er v. B a y e r ............................
B a y o n v. B u c k le y .......................
B eck m a n v. J . w . O elerich &
S on ...............................................
B eh an v. John B . H on or C o —
Behringer v. Copper C o..............
B eid eck v. A cm e A m u sem en t
C o..................................................
B ell v. H ayes-Ionia C o ................
B elle C ity M alleable Iro n Co.
v. In du strial C o m m is s io n .. .
B im el Spoke & A u to Co. v.
L o p e r ..........................................
B isch off v. A m erican Car &
F ou n d ry C o ...............................
B lanz v. E r ie R . R .......................
Bloess v. D o lp h ............................
B loom , In re.................................
B loom v. J affe..............................
B loom field v. N o v e m b e r..........
B loom in g ton , D . & C. R . Co.
v. Industrial B o a r d ................
B ly n n v. C ity of P o n tia c............
B o o k v. H en d ers on ....................
B orgnis v. F a lk ............................
B orin , I n r e ...................................
B oscarin o v. Carfagno & D ragon ette..........................................
B oszek v. Bauerle & Stark C o ..
B ow m a n D a iry Co. v. N o y e s ...
B ow n e v. S. W . B ow n e C o ........
B o y d v. P ra tt............ ..................
B oy er v. Crescent P aper B o x
F a c t o r y ................ ......................
B oy le v. P iano A ctio n C o..........
B ra d y v. H olb r ook , etc., C o r p .
B ranconnier, In re......................
B renner v. H e r u b e n ...................
B rightm an, In r e ........................
B rooker v. Industrial A cci
dent C om m ission ....................
B rooks v. Peerless Oil C o ..........
B rya n t v. Fissell..........................
B rya n t v. L in d s a y ......................
B u ch an an v. W a r le y ..................
B urbage v. L e e ............................
B urn s, In re ..................................

255

B u lletin N o —

272

332

272

332

Page.

80
160
155
184
69,82
103.243
144
137
191
184
141,142
158.244
242
193
214

Cahill, I n r e ..................................
199
C am den & S u bu rban R . Co.
v. Stetson..................................
232
C am pbell v. Clausen-Flanagan
B rew ery......................................
110
Carroll v. K n ick erb ock er Ice
C o ..................................................
249
Carsten v. P ills b u ry (tw o
cases)........................................... 93,94,197
Centlivre B everage Co. v.
R o s s ............................................
127
Cheevers, In r e .............................
145
C hicago, B . & Q . R . R . Co. v,
H a rrin g to n ................................
169
Chicago C leaning Co. v. In d u s
trial B o a r d ................................
139
Chicago G . W . R . Co. v. In du s
trial C o m m iss io n ....................
144
Chludzinski v. Standard O il
C o ..................................................
251
C ity of M ilw aukee v. A lth o ff. . .
173
C ity o f M ilw aukee v. M ille r----87,237
239,240
C ity of M ilw aukee v. R it z o w . . .
214
Clark v. C lark...............................
181
Clarkson v. N . W . Consol. M il
230
ling C o .........................................
Cline v. S tu debaker C o r p ..........
C lyde
S team boat Co.
v.
161
W a lk e r........................................
218
C oakley v. C o a k le y .....................
J. & P . Coats ( R . I .) In c., I n re.
243
Colorado v. Ir o n W o r k s ............
Conners v. E lectric C o ...............
Connole v. N orfolk & W estern
165
R a ilw a y C o ........................
127,243
Connors v. S em et-S olvay C o .. .
133
C ook v. H oertz & S on ..................
238,245
Cooke v. H ollan d Furnace C o ..
C ooper v. Industrial C om m is
147
sion ..............................................
97
Coppage v. K ansas......................
C oronado B each Co. v. P ills
179
b u ry ............................................
Craft v. G u lf L u m b e r C o............
C rockett v. International R y .
215
C o ..................................................
C rockett v. State Insurance
249
F u n d ............................................
129
C row ley v. C ity of L o w e ll..........
C um m ings v. U n d e rw o o d Silk
143
F abric C o ...................................
C unningham v. N orthw estern
74,82
Im pro ve m e n t C o......................
84,92
100,103
D ane v. M ichigan U n ited
244
T raction C o ...............................
104
D a v ison v. W alla W a lla ..........
218,221
D azy v. A p p o n a u g C o ..............
180
D eF illip is v. F a lk e n b u rg .........
D e Francesco v. P in e y M in
90
ing C o ........................................
D eibeikis v. L in k -B e lt C o____ 73,85,90
93,105
138
D e la Gardelle v. H a m p to n Co.
Dennis v. C a ffe r ty ......................
D e n to n , In re...............................
205
D etlo ff v. H a m m o n d , Stan196
dish & C o...................................
D e v n e y v. C ity o f B o s t o n ........
151
D ietz v. S o lo m o n w itz ...............
195
D illon v. Trustees o f St. P a t
rick ’ s C ath ed ral......................
D irken v. Great N orthern
81
P aper C o ............................—
D isk on v. B u b b ..........................
249
80
D o e y v. H o w la n d C o.................

202

191
256
241
148
130
99.243
243
116
183
179
183
215
113
246
237
245
250
152
197
73,92
96,101
190
207
155
146
147

221

126.243
154
133

211
154
129
132

211

170,198
213
156
208
192

211
220

201

18-

IN D EX.

256

Bulletin No.—

D o n o v a n , In r e ............................
D ose v. M oehle L ith ograp h ic
C o ...............................................
D ou th w rig h t v. C h a m p lin .. . .
D o v e v. A lph en a H id e &
L eath er C o ................................
D rag ob ich v. Iroquois Iron Co.
D u p re y v. M aryland C asualty
Co ..............................................
D u rn ey , Tn r e ..............................
D zien gelew sk y v. T urner &
B la n ch a rd ..................................
E h rh a rt v. In d u s tr ia l A ccid en t C om m ission ....................
E ld r id g e v. E n d ico tt, Johnson & C o.....................................
E lk s v. C on n .................................
E llin gson L u m b e r Co. v. Industrial C om m ission ..............
E m p lo y e rs ’ L ia bility A ssu rance C orp., In re......................
E nglebretson v. In d u strial
O ccid en t C om m issio n ...........
E n terp rise F ence & F o u n d ry
Co. v. M a jo r s ................ .•..........
E p ste n v. H a n cock -E p sten Co.
E rick son v. P reu ss......................
E rie R . Co. v. C allaw ay............
E sta brook Go. v. In d u strial
A ccid en t C o m m is s io n ..........
E v a n h off v. In d u strial C om
m is s io n .......................................
Fassig v. S tate..............................
F ederal R u b b e r M fg. Co. v.
H a v o l i c ......................................
F eld m a n v. B raunstein (tw o
c a s e s )..........................................
F id e lity & C asualty Co. v.
In d u strial C om m ission.........
F id e lity & D ep osit Co. v. In
d u s tr ia l A ccid en t
C om
m ission ......................................
F ierro, In r e ..................................
F in em an v. A lb e rt M fg. C o___
F inn. v. D e tro it, etc. R y .........
F isher, In r e ..................................
F ishering v. P ills b u r y ..............
F locch er v. F id e lity & D e
p o sit C o ......................................
F o le y v, D etroit U nited R y . ..
F o th v. M acom ber & W h y t e
R o p e C o .....................................
F rancisco v. O akland G olf
C lu b .............................................
F rankfort G eneral Ins. Co. v.
P i l ls b u r y ..................................
F ran k v. S ch ollh orn C o ............
F red en bu rg v. E m p ire U nited
R ailw a y s C o..............................
F reed m an v. Spicer M fg. C orp.
F rieb el v. C hicago C ity R y .
C o..................................................
Frings v. P ierce-A rrow M otor
car C o ..........................................
F rint M otorcar Co. v. In
dustrial C om m ission (W is .).
F risbie v. U n ited S ta tes...........
G ailey v. P eet B ros. M fg. C o ..
G ardner v. H orseheads C on
stru ction C o ..............................
G eorge W . H elm e Co. v.
M id d lesex C om m on P le a s . .
G erm an A llia n ce Ins. Co. v.
K ansas................................ ..

272

332

272

332

Page.

Page

Page.

186
143
159
113
181,183

17
214
209,226
162
246
125
241
110
171,218
249
235
207
127
228
156
73,94
86,174
181
203,233
120
188
217,246
248
208
217
129
179

93,94

233
210,230
154

18
208
206
210

17
197
203
185
95
204,247
157
206
255

Gignae v. S tu debaker C orpo
r a tio n ..........................................
189 .
G illen v. O cean A ccid e n t &
G uarantee C o rp o ra tio n ........
224 .
G oelitz Co. v. In du strial
231 .
B o a r d ..........................................
G ood in g v. O t t .............................
157 .
200,241 .
G orrellu . B a tte lle ......................
159 .
G o u ld ’s case..................................
G ram m ici v Z in n .......................
207«G rand R a p id s L u m b e r Co.
v. B la ir........................................
196 .
G rand T ru n k R a ilw a y v.
K n a p p ........................................
164 .
G ray v. B o ard o f C o u n ty
C o m m ission ers........................
194 .
Great W estern P o w e r Co. v.
P ills b u r y ...................................
189 .
Green v. A p p le to n W oolen
241 .
M ills ............................................
G reene v. C a ld w ell...................... 73,79,92 .
Gregutis v. W aclark W ire
170 .
W o r k s ........................................
G riffith v. C ole B r o s ;................
186 .
Grinnel v. W ilk in s o n ................
157 .
G risw old v. C ity o f W ic h it a .. .
152 .
G rove v. R o y a l I n d e m n ity C o.
220 .
Guerrieri v. In du strial In
surance C om m ission ..............
146
155 .
H agenback v. L e p p e r t..............
H a hnem ann H osp ita l v. I n
dustrial B o a r d ........................
140 .
H a lb erh ou t v. S. W . M illing
C o .................................................
248 ,
H ansen v. B rann & Stew art
C o .................................................
229
H ansen v. N orthw estern F u el
C o .................................................
172,194
H arbroe, In re ..............................
177
175
H arraden, In re...........................
H artnett v. T h om a s J. Steen
C o ..................................................
178
H askell & B arker Car Co. v.
191
K a y . ............................................
H asselm an v. T ravelers’ Ins.
219
C o..................................................
H aw kins v. B le a k le y .................. 69,85,86

Hayden v . Great Northern
Power Co................................
Hayden v. K eow n ....................
Hercules Powder Co. v. Morris
County Court of Common
P l e a s .....................................
Hetzel v. Wasson Piston Ring
Co.............................................
Hewitt v. Casualty Co. of
A m e rica .................................
Hiers v John A. Hall & Co___
Hills v. B lair.............................
Hills v. Oval W ood Dish Co.
Hillstead v. Industrial Com
mission....................................
Hines v. Henry I. Stetler
( I n c .) ......................................
Hirschkorn v. Fiege Desk C o ..
Hoenig v. Industrial Com
mission....................................
Hogan v. Bula...........................
Holbrook v. Olympia Hotel
C o.............................................
Holden v. H ardy......................
Holmen Creamery Assn. v.
Industrial Comm ission.......
Holnagle v. Lansing Fuel &
Gas C o....................................

221
177
127
154
176
125
184
130
154

202
173
162
142
75,94
144

113

INDEX,

H o l t L u m b e r C o . v. I n d u s t r ia l
C o m m i s s io n ..................................
H o o d v. T r a n s it C o .......................
H o r r ig a n v. P o s t - S t a n d a r d C o .
H o w a r d , I n r e .................................
H u ll e y v. M o o s e b r u g g e r .............
H u n t e r v. C o lf a x C o a l C o ..........
H u r le , I n r e ......................................
I d e v. F a u l & T i m m i n s . . . . . . .
I n d ia n C r e e k C o a l & M in in g
C o . v. C a lv e r t ........... ...................
I n d u s t r ia l
C o m m is s io n
v.
A e t n a L i f e I n s . C o . . ................
I n d u s t r ia l
C o m m is s io n
v.
B r o w n ...........................................I n d u s t r ia l
C o m m is s io n
v.
C r is m a n ..........................................
I n d u s t r ia l
C o m m is s io n
v.
D a l y M in in g C o . . . . ................
I n d u s t r ia l
C o m m is s io n
v.
L o n d o n G u aran tee & A c c i
d e n t C o .......................- .................
I n d u s t r ia l
C o m m is s io n
v.
N e w m a n ........................................
I n d u s t r ia l
C o m m is s io n
v.
R o t h ................................................
I n t e r n a t io n a l H a r v e s t e r C o .
v. I n d u s t r ia l C o m m i s s i o n - .
I r v in v. W i ll ia m M . F r o s t &
C o .......................................... ..
I v e s v. S o u t h B u f f a l o R . C o . .
I w a n ic k i v. I n d u s t r ia l A c c i
d e n t C o m m is s io n ......................
J e ffr e y M fg . C o . v. B l a g g ...........
J e n d ru s
v.
D e tr o it
S teel
P r o d u c t s C o .................................
Je n k in s v. C a r m a n M fg C o —
J e n se n v. S o u t h e r n P a c i f ic C o .

B u lle t in N o .—

B u ll e t in N o .—

272

332

272

Page.

P age.

173

Kricinovitch v. American
234
Car & Foundry Co................
206
Kromer v. Sargent & C o.........
Kuetbach v. Industrial Com
215
mission....................................
Lahoma Oil Co. v. Industrial
230
Commission...........................
113
Landers v. City of Muskegon..
Lane v. Horn & Hardart Bak
108
ing Co......................................
Larke v. Insurance C o.............
Larsen v. Paine Drug Co.
138,143
(tw o cases).............................
La Veck v. Parke, Davis &
109
Co.............................................
Lehmann v. Ram o Films
158
(In c.).......................................
235
Lesh v. Illinois Steel Co..........
152
Lesuer #. City of L ow ell.........
Lewis and Clark County v.
Industrial Accident B oard ..
151
Liberato case.............................
167
Lindstrom v. Mutual S. S. Co.
Linnane v. Aetna Brewing Co.
114
Liondale Bleach, D ye &
124
Paint Works v. Biker...........
Littler v. Geo. A . Fuller C o ...
186,223
Lower Vein Coal Co. v. In
dustrial Board........................
Lumaghi Coal Co. v. In
dustrial Commission.............
Lund v. Griffiths & Sprague
162
Stevedoring C o ......................
McCarthy, In re ........................
228
McCarthy
v.
McAllister
158
Steamboat C o ........................
238
McCaskey, In re........................
McCauley v. Imperial W oolen
125
Co.............................................
McCracken v. Missouri Valley
231
Bridge & Iron Co...................
McDonald v. Industrial Com
211
mission................................
McGarvey v. Independent Oil
196
& Grease C o ...........................
238
McKenna. In re..................
McLaughlin v. Industrial
142,149
Board of Illinois....................
McMullen & Gavette Const.
231,238
Co. (tw o cases)......................
M cNally v. Hudson, etc., R .
234
Co.............................................
114
McPhee, In r e ...........................
McQueeney v. Sutphen &
H yer........................................
138
McWeeney v. Standard Boiler
192
& Plate C o .............................
Mackin v. Detroit-Timkin
9 3 ,9 7
A xle C o ...................................
129
Madden, In r e ...........................
Maggalet, In re ..........................
Manowald v. Thompson-Star171
rett C o ....................................
Mailman v. Record Foundry
73,81
& Mach. Co. (M e.).................
205
Maranovitch, In re ...................
205
Marhoffer v. Marhoffer.............
152
Markley v. City of St. P a u l...
145
Marsh v. Groner........................
Martin v. Matson Navigation
242
Co.............................................
225
Marvin, In re .............................
Mathison v. Minneapolis St.
R y . Co..................................... 7 3 ,8 1 ,9 0

163
245
138
190

M a t t h e is e n & H e g le r e Z i n c C o .
v. I n d u s t r ia l B o a r d ..................
M a t w ic z u k v. A m e r ic a n C a r &
F o u n d r y C o .................................

186
204
125
145
178,180
7 3 ,85
9 3 ,94
121
153

157

122
2 ,1 4
255

248
7 9 .102

212
123
203

222

7 1 ,8 7 ,9 0
95.103
105

16
80
234
193
7 1 ,7 6 ,8 5

K e n n e y v. B o s t o n . . . . ...............
K e n n y v. U n io n R . C o ...............
K e n t u c k y S t a t e J o u r n a l C o.
v. W o r k m e n ’ s C o m p e n s a
t io n B o a r d ( t w o c a s e s ) ...........
K e y e s v. N e w Y o r k , O . & W .
R . C o ................................................
K i e m a n v. P o r t l a n d ....................
K il b e r g v. V i t c h .............................
K i l l v. i n d u s t r ia l C o m m is s io n .
K in g , I n r e ........................................
K in g v. V i s c o lo i d C o ....................
K la w in s k i v. L a k e S h o r e &
M . S. R y ........................................
K n ic k e r b o c k e r
I c e C o . v.
S t e w a r t ........................................ .
K n o l l v. C i t y o f S a lin a ................
K o h le r v. F r o h m a n n ...................
K o la s y n s k i v. K l i e . ......................

166
113
245

120
80
232
241
238
238
157,160
167

221
153

7 8 ,2 1 2
173
105
225
133
225
227

P age.

110

131

127,161
J e r m e r v. I m p e r ia l F u r n it u r e
C o .......................................................
J o h n s e n v. U n io n S t o c k y a r d s
C o .......................................................
J o h n s o n v. L o n d o n G u a r a n t e e
& A c c i d e n t C o .............................
Joh n ston # . K e n n e co tt C op p er
C o r p o r a t io n , C . C . A ................
J o ile t M o t o r C o . v. I n d u s t r ia l
B o a r d ...............................................
K a m y v. N . W . M a lle a b le
I r o n C o ............................................
K e ig h e r v. G e n e ra l E l e c t r ic C o.
K e l l e y , I n r e ...................................
K e n n e r s o n v. T h a m e s T o w
b o a t C o ..........................................

257

122

97,193
123

247

17
16

INDEX,

258

Mayor, etc., of Jersey City v.
Borst......................................
Mechanics’ Furniture Co. v.
Industrial Board...................
Mellen Lumber Co. v. Indus
trial Commission..................
Menominee Bay Shore Lum
ber Co. v. Industrial Com
mission ...................................
Mepham v. Industrial Com
mission ...................................
Mercer v. Ott.............................
Merlino v. Connecticut Quar-

Bulletin No.—

272

332

272

332

Page.

151
218
210
92
185
196
191

Michigan Central Railway Co.
v. Vreeland............................
81,164
Middleton v. Texas Power &
Light Co. (two cases)........... 69,79,81
82,85,90
92,98,102
123,156
Mihm v. Hussey........................
138
Milford Copper Co. v. Indus
trial Commission..................
Miller v. American Steel &
Wire Co...................................
120
131
Miller v. Beil..............................
Miller v. New York Rys. C o ..
194
Miller v. Public Service R. R.
Co............................................
215
Miller v. Taylor.........................
172
Milwaukee Coke & Gas Co. v.
Industrial Commission.......
230
Milwaukee Western Fuel Co.
v. Industrial Commission...
250
Minneapolis & St. Louis R.
Co. v. Bombolis....................
86
207
Modra v. Little..........................
Moll v. Industrial Commission
155
Mono County v. Industrial
153
Accident Commission...........
Montana Co. v. St. Louis Min.
Co.............................................
84
Moore v. Lehigh Valley R. R.
Co.............................................
175
211
Moore v. Peet Bros. Mfg. C o ..
Mountain Timber Co. v.
Washington........................... 69,70,77
99,254
Mueller Const. Co. v. Indus
172
trial Board.............................
Murphy, In re...........................
220,227
Naud v. King Sewing Ma
123
chine Co...................................
Nelson v. Kentucky River
203
Stone & Sand Co....................
Nevada Industrial Commis
sion v. Washoe Co.................
150
New Albany Box & Basket
Co. v. Davidson......................
155
Newark Paving Co. v. Klotz..
195
Newcomb v. Albertson...........
134
New Dells Lumber Co. v. In
dustrial Commission.............
251
217
Newman, In re..........................
Newman v. Newman...............
138,172
227
Newton v. Rhode Island Co ..
New York Central R . R . Co.
127
v. Blanc....................................
New York Central R. R. Co.
v. W'hite................................... 69,77,81
85,88,94
97,100
105,167
255
New York Central R. R. Co.
167
v. Winfield.............................
230
Nichols, In re............................
190
Nickerson. In re........................

N itram C o. v. C reagh ................
N o b le S tate B an k v. H a s k e ll..
N o rth A laska S alm on C o. v.
P ills b u r y .....................................
N orth ern P a c. S. S. C o. v. I n
d u strial A ccid e n t C o m m is
sio n (t w o ca se s)........................
N orthern P ac. R y . C o. v. M eese
N orth w estern F u e l C o. v.
L e ip u s ..........................................
N orth w estern Iron C o. v. In
d u strial C o m . o f W ise, (t w o
ca se s)............................................
O ’ B rien v. A . A . A lb r e c h t C o .
O ’ C onnell v. S im m s M agneto
C o ..................................................
O h io B u ild in g S afety V a u lt
C o. v. In d u strial B o a r d ........
O liver v. C h ris to p h e r.................
O lm stead v. L a m p h ie r..............
O ’N e il v. C arley H eater C o , , . .
O tis E le v a to r C o. v. M iller &
P a y n e ...........................................
P a cific C oast C asualty C o. v.
P ills b u r y ....................................
P a cific States T ele p h o n e &
T el. C o. v. O r e g o n ..................
Panasuk, In r e .............................
P a p in a w v. Grand T ru n k R y .
P a w la k v. H a y e s .........................
P e a b o d y C oal C o. v. In d u s
trial B o a r d ................................
P e e t v. M ills..................................
P e lle tt v. In d u strial C om m is
s io n ..............................................
P endar v. H . B . A m . M ach.
C o ..................................................
P e rr y v. In d u strial A ccid e n t
C o m m iss io n ..............................
P h ila d elp h ia & R . R y . C o. v.
H a n c o c k ....................................
P ierce v. B ekins V a n & S tor
age C o ..........................................
P ierce v. L u m b e r & C oal C o . .
P igeon v. E m p lo y e r s ’ L ia b.
Assurance C o rp ........................
P im e n ta l’s case............................
P in el v. R a p id R y . S y s t e m ...
P in tar v. M orton M ining C o . .
Plasst). C entral N ew E ngland
R y . C o. (t w o cases) ..............
P occardi v. C om m issioner........
P occardi v. O t t ............................
P occardi v. P u b lic S ervice
C om m ission ..............................
P o s t v. B urger & G o h lk e .........
Purchase v. Grand R ap id s
R efrigerator C o........................
P uritan B e d Spring C o. v.
W o l fe ..........................................
P u tn a m v. M u rra y .....................
Q u ong H a m W a h C o. v. In
dustrial A ccid e n t C om m is
sion ..............................................
R a k ie c v. D . L . & W . R . C o . .
R a k o v ich v. A gn e w B r o s .........
R a m lo w v. M oon L ake Ice Co.
R a y v. In du strial Insurance
C om m ission ..............................
R a y m o n d v. Chicago, M ilw au
kee & St. P a u l R a ilw a y C o.
R a y n e r v. Sligh F urnitu re C o ..
R e ard o n v. P . & R . R . C o ___
R eim ers v. P ro c to r P u b lish
in g C o ..........................................
R ein h olz v. Industrial C om
m is s io n ......................................

206
76,100
103
155
160,251
198,242
208
175,216
225,234
209
176
204,251
206,240
185
195
188
105
236
187
239
218
199,242

247
244
197
169
157
180
93
121
221

129,134
132,168
218 .
218 .
118 .
157,158 .
134 .
117 .
172
156
205
118
133
229
84
187
219
190

251

INDEX,
Bulletin No.—

Bulletin No.—

272

Page.
Reisner v. Gross & H erbener..
Reynolds v. D a y .......................
Richards v. Central Iowa Fuel
Co.............................................
Richards
v.
Indianapolis
Abattoir Co.............................
Richardson v. Greenberg........
R iley v. Standard Accident
Ins. Co.....................................
R ist v. Larkin & Sangster----Roach v. Kelsey W heel Co—
Robbins v Original Gas En
gine Co....................................
Roberts v. W haley...................
R obilotto v. Bartholdi R ealty
Co.............................................
Rockford Hotel Co. v. Indus
trial Commission...................
Rockwell v. Lewis....................
R ohde v. Grant Smith Porter
Co.............................................
R om a v. Industrial Commis
sion..........................................
Rosenbaum v. Hartford News
Co.............................................
Ross v. Construction C o..........
R oss v. Erickson Construction
Co.............................................
Rounsaville v. Central R . Co.
(tw o cases).............................
R uth v. Witherspoon-Englar
Co.............................................
Sabella v. Brazileiro.................
Safety Insulated W ire & Cable
Co. v. Court of Common
Pleas........................................
Salt Lake City' v. Industrial
Commission...........................
Santacroce v. Sag Harbor
Brick W orks..........................
Seuvain v. Battelle...................
Sayles v. F oley..........................
Schild v. R . C o..........................
Schmidt v. Baking C o.............
Schmoll v. Weisbrod & Hess
Brewing Co.............................
Schumaker Co. v. K endrew ...
Schwab v. Em porium For
estry Co...................................
Scott v. Nashville Bridge C o ..
Scranton Leasing Co. v . In
dustrial Commission.............
Scully
Industrial Commis
sion..........................................
Semmen v. Butterick Pub
lishing Co................................
Septimo, In re...........................
Sexton
Newark Dist. Tel.
Co.............................................
Shade v. Ash Grove Lim e etc.
Co.............................................
Shafer v. Parke, Davis & C o ..
Shanahan v. Monarch Engi
neering C o..............................
Shea v. North B utte Mining
Co. (M ont.)............................
Shinnick v. Clover Farms C o..
Sibley v. State...........................
Simmons, In re.........................
Simpson v. Atlantic Coast
Shipping Co...........................
Slycord v. H orn........................
Smith v. Corson........................
Smith v. F. & B . Construction
Co............................................
Smith
Heine Safety Boiler
Co........................... . . .............
Smith v. Price...........................

Page.

Page

85,92
Solvuca v. Ryan & R eilly Co.
Southem Cotton Oil Co., in re.
Southern Pac. Co. v. Ind. A cc.
Com.........................................
168
161
Southern Pac. Co. v. Jensen..
Staley v. I. C. R . C o.................
165
Standard Cabinet Co. v.
Landgrave..............................
95
State v. Buchanan....................
242
State v. Clausen...................
72,90,92
State v. Creamer..................

226
175
133
192
114
109,116

153
16
209
162
251

256
157,165
134,187
213,251
146

211
210

85,94,105
168
246

222

95,99
103,104
242

140

200

73,83,96
73,244
136
243
73,85,92
127
152
248
162
137
190
203
I

157
182

State ex rel. Faribault Woolen
Mills Co. v. District Court of
113
R ice County...........................
State ex rel. Garwin v. Dis
trict Court of Cass C ountyState ex rel. Jacobson v. Dis
186
trict Court...............................
State ex rel. Kennedy v. Dis
209
trict Court of Clay C ou n tyState ex rel. London, etc. In
216
dem nity Co. v. Dist. Court.
State ex rel. Munding v. In
228
dustrial Commission.............
State ex rel. Nelson v. Dis
111
trict Court of Ramsey C o.. .
State ex rel. Nienaber v. Dis
142
trict Court...............................
State ex rel. People's Coal &
Ice Co. v. District Court of
173
Ramsey County.....................
State ex rel. Rau v. District
108
Court of Ramsey C o u n ty...
S t a t e exrel. V i r g i n i a &
Rainy Lake Co. v. District
Court of St. Louis Co.............
State Journal Co. v. Work
70
men's Compensation Board.
State Treasurer v. West Side
Trucking Co...........................
Steel Sales Corp. v. Industrial
184
Commission............................
Stempfler v. Rheinfrank & Co.
213
Stertz v. Industrial Insurance
Commission............................ 76,99,118

212

177
238

235

161
State v. Daggett........................
State v. District Court of
Koochiching Co.....................
180
State v. District Court of Ram
sey County........................... .
State v . District Court of Rice
144
County (M inn.).....................
State v. District Court of St.
152
Louis Co................................ .
State v. E m p lo y e d Liability
253
Assurance Corp.....................
State v. M cDowell....................
104
State v. Mountain Timber Co.
State v. Postal Telegraph C o.. 139,169
State v. United States Fidel
253
ity & Guaranty Co................
State ex rel. Albert Lea Pack
ing Co. v. District Court of
207
Freeborn Co...........................
State ex rel. Bykle v. District
137
Court........................................
State ex rel. Chambers v. Dis
157
trict Court...............................
State ex rel. Davis-Smith Co.
v. Clausen............................... 74,83,87

15
132

255

101

195
242

212

Page.

96,101
102

116
219

272

138
244

259

111

Stetz v. Boot & Shoe C o..........
Stewart v. Knickerbocker Ice
Co.............................................

188,242
154

INDEX,

2 60

Stickley, In re .....................................
Stoll v. Pacific Coast S. S. C o .. .
Stubbs v. Industrial Board.......
Sudden and Christenson v.
Industrial Accident ComSundine, In re............................
Surety Ins. Co. v. V ickstrom ..
Swanson v. Latham & Crane.. .
Sweeting v. American Knife
Co.............................................
Tackles v. Bryant & Detwiler
Co........................................ i . .
Tarpper v. Weston-Mott Co—
Texas Employers' Ins. Assn.
v. Downing............................
Thompson v. Twiss...................
Thornton v. D uffy.....................
Truax v. R aich...........................
T iim q n is t n. Hannon .....................
Uhl v. Hartwood C lu b .................
Underhill v. Central Hospital
for the Insane ...................... ............
Union Pac. R y. v. B otsford....
Union Sanitary Mfg. Co. v.
Davis ..................................................
United Paper Board v. Lewis.
United States Fidelity &
Guaranty v. Salser.......................
Uphoff v. Industrial Board —
Vandalia Coal Co. v. H oltz ........
Van Gorder v. Packard Motor
Car C o ...................................................
Vennen v. New Dells Lumber
Co ........................................................
Victor Chemical Works v. In
d u s tr ia l B o a r d ..............................
Vifitti v. Fuel Co ................................
Viita v. Dolan ......................................

Village of Kiel v. Industrial
Commission.............................
Village of West Salem v. In
dustrial Commission.............
Vishney v. Empire Steel &
Iron Co.....................................
Von Ette, In re..........................
Voorhees v. Smith Schoonmaker Co.................................
Wabash R . Co. v. Indus.
Com ..........................................
Wagner v. American Bridge
Co..............................................
Walsh v. River Spinning C o...

Bulletin No.—

Bulletin No.->-

272

332

272

3 32

Page.

Page

Page.

209
166
126
163
183
200
170
186
127
116
179
189
187
009
404

144
254
97
193
227
232
o
co
404

114
229
135,140
248

112
170
239
176
176,224
203
183
131
211
204
108

Walther v. American Paper
Co...................................... .
177
Wangler B. & S. Metal Works
Co. v. Industrial Commis
sion...........................................
229
Ward & Gow v. K rinsky........
Waterman Lumber Co. v.
Beatty (Texas).......................
153
Waters v. Guile..........................
165
Waters v. William J. Taylor
Co.............................................. 181,183
Watkinson v. Hotel Pennsyl
vania........................................
Weaver v. Maxwell Motor Co..
212
Weis Paper Mill Co. v. In
dustrial Comm. (Ill).............
175
Wendt v. Industrial Insur
146
ance Commission...................
Western Grain & Sugar Prod
ucts Co. v. Pillsbury..............
250
Western Indemnity Co. v.
Pillsbury (two cases)............. 88,118,177
Western Metal Supply Co. v.
Pillsbury.................................
93,118
170,176
224
Western States Gas & Elec.
198
v. Rayside Lumber Coal.......
Wheeler v. Contoocook M ills...
90,105
152
White v. City of B oston...........
White v. Kansas City Stock
Yards Go.................................
179
134
White v. Loades.........................
Whiting - Mead Commercial
184
Co. v. Ind. Com ......................
W ick v. Gunn.............................
191
139
Wilson v. Dorflinger Sons.........
Winfield v. Erie R. Co..............
165
Winfield v. N. Y . C. & H. R.
R. Co........................................
166
W i n t e r v. Peter Doelger
Brewing Co.............................
199
Wolff v. Fulton Bag & Cotton
153
Mills.........................................
233
W ood v. Camden W orks..........
150
W ood v. City of Detroit...........
Woodward v. E. W . Conklin
194
& Son.......................................
Yosemite Lumber Co. v. In
dustrial Accident Commis
sion...........................................
84,97
Young v. Duncan......................
Young v. Western Furniture
108
&. Mfg. C o................................
Zabriskie v. Erie R. Co............. 171,183
Zappala v. Industrial Insur
116
ance Commission....................

Full text of Workmen's Compensation Legislation of the United States and Canada, 1920 to 1922 : Bulletin of the United States Bureau of Labor Statistics, No. 332

FRASER